Employment Law Outline

Employment Law Outline - Employment Outline 1.Introduction...

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Employment Outline 1. Introduction / The Application Process - Think about balancing the interests of employers (predictability and profitability) (What are the employer/ee interests implicated and how mediated Employee economic ability to get another job, privacy. a.Society interests (direct demands on service w/o jobs i.Lose public identity when fired ii.Direct demands on services w/o job iii.Whose interests should we protect? b.Who determines the interests? i.Contract (1)Do we always have perfect knowledge of actions and reasons (if we accept a contract at will, does it mean we know all of the termination policies? ii.Work and Self Esteem (1)Internal (2)External c.Studs Terkel article i.Happy, rewarded worker ii.Unhappy bored worker – but both highly skilled and likely union members d.Wagenseller v. Scottsdale Memorial – nurse hired at will, then fired after rafting trip with supervisor where refused to engage in silly illegal activities like mooning and public urination. The hospital violated policies listed in the employee manual. That’s breach of contract. e.Historical developments in regulations i.Traditionally master servant relationship very important - and reciprocal rights/responsibilities (1)master for food, care, morals of servant (2)servant for obedience ii.Post Plague in 14 th century England, Statute of Laborers (shortage of laborers causing high wages) (1)Everyone btw 16 and 60 must work unless there’s a reason why (2)must be paid a reasonable rate (regulated with some flexibility) (3)Agricultural laborers paid by year, not day (4)Same with servants with 3 months notice before leaving (5)On leaving get testimonial stating satistfactory service and completing term (6)Leaving before, criminal punishment – also refusing to work if capable (7)If a master offers more than the set rate, he is fined (8)Poor Laws – who could get charity (only those unable to work) (a)Charity only awarded where born or where lived when law passed - again to minimize mobility iii.Elizabethan England (1)Laborers not living with master complete their term get a testimonial. (2)can’t leave community in search of work (community has a right to the labor of its members) (3)Serious protection to laborers, term enforced if too ill to complete, or if the crop fails, etc. (4)Theory to prevent social movement and change through restricting mobility iv.Colonial US - Many colonies w/ statutes like England (1)But no compulsion to work (2)US also had slavery and indentured servitude – different from England (3)Basis of relationship, master had jurisdiction over servant – like a property interest in the person and labor of the servant (4)17 th century philosophy of possessive individualism - the right to enjoy our own person and labor v.Industrial Revolution Beginning of the Industrial Revolution (1)People have more mobility (2)Development of the employment contract (a)Each is an independent actor with control over his person so all conditions are
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Employment Law Outline - Employment Outline 1.Introduction...

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