test1 - CHAPTER 1: EMPLOYMENT LAW Employment-at-Will -...

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CHAPTER 1: EMPLOYMENT LAW Employment-at-Will - Employees have the right to quit at any time for any reason - Also an employer has the right to fire an employee at any time without any reason - Employer handbooks regarding company policies may also be interpreted as establishing a contract. - Reason employee was terminated is critical to whether the employee is entitled to unemployment benefits (terminated for “cause” = denied unemp. benefits) - Case: Gil v. Metal Service Corporation o Employer fired Gil for refusing to do illegal action on the job o Trial Court: judgment in favor of defendant (Metal Service Corp. wins) Not whistleblower, employer was “at will” able to fire him for any reason o Appellate Court: judgment affirmed (Gil loses again) (see exceptions for reasoning) - Exceptions: o Employee statutes of age, race, gender, religion, or free speech Employers cannot discharge because you’re a woman, for example Successful plaintiffs can recover back pay, reinstatement, comp. damages, attorney fees Period to bring a suit: (prescriptive period) 1 year with a six-month interruption if filed with the Equal Emp. Opp. Commission of LA Comm. on Human Rights o Contract for a fixed term i.e. sports coaches Les Miles has a contract for 5 years, but LSU can let him go – as long as they pay him out These employees have bargaining power o Civil service (classified employees) Must have just cause to fire these kinds of employees o Teacher tenure Need just cause to fire teachers with tenure o Union employees May have a contract in which cannot fire them without just cause - Case: Brodhead v. Board of Trustees o Brodhead believes he has an employment contract for 5 years at $72,000 a year o SELU said it was $48,000 for one year o Trial Court: judgment in favor of plaintiff (Brodhead wins) Brodhead to be paid $175,000 for the rest of his termed employment o Appellate Court: judgment reversed – SELU wins the case and pays him nothing When having meetings to negotiate the terms of his contract, there were some offers and counter-offers. The Board never approved his 5-year contract but only agreed at that point to a one-year contract for $48,000 Regardless, no official decision was made of the contract, making Brodhead an “at will” employee and allowed to be fired for any reason without cause (there was NO definite fixed contract!)
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Whistleblowing Laws - LA law that protects employees from employees “At will” concept in certain circumstances o Freedom from reprisal (retaliation) for disclosure of improper acts o Employees may not be fired/punished for doing the following, in good faith, and after advising the employer of the violation of the law: Discloses a workplace practice that is in violation of state law Provides info to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of law Objects to or refuses to participate in an employment act/practice that is in violation of
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test1 - CHAPTER 1: EMPLOYMENT LAW Employment-at-Will -...

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