Last Week of Notes
Last Week of Notes 4490
Popular in Industrial Relations Legislation
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This 2 page Class Notes was uploaded by Anna Notetaker on Saturday April 23, 2016. The Class Notes belongs to 4490 at Middle Tennessee State University taught by Prof. Susan Bradley in Spring 2016. Since its upload, it has received 8 views. For similar materials see Industrial Relations Legislation in Law at Middle Tennessee State University.
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Date Created: 04/23/16
Employment Final Notes IC V. EE – The more control, the more likely the individual is an employee. Under the doctrine of Respondent Superior, an employer is liable for the torts of agents or employees where the torts are committed within the scope of employment. Under the Employment at Will, an at-will employee may be discharged for good reason, bad reason or not a reason at all. ADEA – Age Discrimination in Employment Act of 1967 protects individuals who are 40 years or older. Religion – Must make reasonable accommodations to the sincerely held religions practices of its employees, unless to do so would cause an undue burden. An employee may need a particular day off each year (requested accommodations) - An employer may require an employee to use their paid time off, such as personal or vacation days, to meet an employee’s required accommodation. To avoid liability, an employer must show that the employer offered a reasonable accommodation or after a good faith effort, no accommodation that did not cause an undue hardship could be found. (identify an actual monetary/adm. Expense) Supreme Court Employers have a defense if they had an effective harassment policy or procedure and they complied with it or that the employee is suing for harassment failed to follow these policies and procedures. Procedure for Complaints: first clearly inform the harasser that behavior is offensive. Attention should be brought immediately to supervisor. If the supervisor is involved in the activity, the violation should be reported to that supervisors’ superior. They should take appropriate remedial action immediately. Family Medical Leave Act: the birth of a child and to care for the newborn within one year of birth/adoption, to care for an employee’s spouse, child, or parent who has a serious health condition, or a serious health condition that makes the employee unable to perform the essential functions of his or her job. Military FMLA – Covered service member may take up to 26 weeks medical treatment. The employer must prove that a former employee was guilty of willful work- related misconduct when fired. Absenteeism/Tardy – it is willful – basic right of employer to expect employees to come to work on time. Job Performance – unemployment – not willful. USERRA covers everyone who serves uniformed services. It forbids discrimination in hiring, retention, promotion, benefits and must reemploy an employee who was on military leave unless the employer can prove that it would be impossible to reemploy that person.
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