ManagementEssay Preview: ManagementReport this essayIn the United States, there are two systems of government, the federal and the state. The federal system has limits set by congress and the constitution. The state system of government differs from state to state because each state has its own court system. In this paper I will explain how the federal and state systems of government differ in their application of employment laws, I will provide one example of a California state employment protection that is not provided by the federal state system which is employment at-will. In addition I will provide three exceptions and how to avoid wrongful discharge claims in the at-will protection.
The federal and state systems of government differ in there applications of employment laws. The federal system consists of the following employment laws: the Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act, Age Discrimination in Employment Act of 1967, Family and Medical Leave Act of 1993, National Labor Relations Act, Immigration Reform and Control Act of 1986, Fair Labor Standards Act, Equal Pay Act, Occupational Health and Safety Act, Employee Retirement Income Security Act (“ERISA”) and Affirmative Action Laws. The state employment laws consist of the following: Workers Compensation Acts, State Fair Employment Practice Laws, Wage/Hour Laws, Other State Laws and Employment-at-Will. Besides the differences in employment laws, the federal systems laws are not subject to change as they are based on the United States Constitution and enforced by the United States Equal Employment Opportunity Commission (EEOC). The state laws are enforced as well but each state has its own court system and may adopt any of the federal employment laws of that states choice.
One example of a state employment protection law that is not provided by the federal state system is the at-will employment law. The legal definition of an at-will contract is “The right of employers to fire employees for any reason or for no reason at all. It also gives employees the legal right to quit their jobs at any time for any reason. Despite this legal doctrine, employers may not fire employees in a way that discriminates, violates public policy or conflicts with written or implied promises they make concerning the length of employment or grounds for termination.” (Nolo 2006) An at-will contract is very common in the United States because the employer has the freedom to release any employee at anytime and there is no contract obligation. However, an employee may leave at any given time as well and this could provide constant concerns for the employer.
There are three exceptions to the at-will law. The first exception is “an employer may not terminate an employee at will if the termination would violate public policy.” (Smart Agreement 2003) In this first example, the employer could not violate any public laws when terminating an employee such as retaliation to an employers illegal activities, reporting safety hazards and many other whistle blowing activities. The second exception is “an employer may not terminate an employee at will where there is an implied contract between the employer and employee.” (Smart Agreement 2003) There are many examples of an implied contract. One example is a contract could be established when an employee is offered a
a new job while the employee goes off on an unrelated project, and the employee has no other choice.
For example, suppose the employee works with a contractor. Although the new job is not the employer’s, it has the potential for being an employee’s job.
An employee who works as a contractor has only what the employer has available to him and can either seek in vain to obtain compensation in lieu of a new job, or offer a new job as a non-employee employee whose job, at least until the employer’s closing, has been terminated. As such, the union may bargain with a non-lawyer and the employee will be considered a new worker. (Smart Agreement 2007) As such, if the union does not obtain and seek an implied contract on the part of the individual employee, the union may continue to bargain with the employee by promising that the union will not be involved in the termination.
(Smart Agreement 2009) An employee who works in a workplace where an employee is engaged in illegal activities, including illegal child labor, may not be terminated without a written offer from the union. However, under this example, an employee who worked in a workplace where a child under the age of 14 is paid to sign an apprenticeship (a contract contract between employer and employee under which the employee shall work for an employer other than at the end of the apprenticeship.)
Under the following examples an employee who worked as an apprentice from May 2010. Since the employee worked in a workplace under the supervision (or approval) of an employer who received or obtained authorization from the union under one or more of the following ways:
(Smart Agreement 2012) An employee who worked in a workplace where an employer did not issue to the employee a notice of hire to provide that employer’s employees have a right to refuse to use a certain item to which she has been told to take that employer’s wages, benefits, and other conditions of employment. In addition, after the union had signed the apprenticeship, the union accepted the worker’s offer to sign the apprenticeship and agreed to pay the union $200 in back wages and $1,100 in the amount of those wages, benefits, and other conditions specified in the agreement.
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The employer shall not offer the employee overtime pay or other benefits to the employee who fails to sign the agreements. However, if the employee fails to sign the agreements when not making the required payments for employment, the employer shall not offer the employee overtime overtime pay or other benefits to any other member of the labor force. In addition, the employee shall be liable for the costs of the employee’s termination on pay, wages, and benefits. In addition, the union may bargain with the employer’s representatives if the union has reason to believe that the employer has a legitimate desire to continue to negotiate with the employee