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Chapter 16

Chapter 16 - Chapter 16 Employment Law Introduction An...

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Chapter 16: Employment Law Introduction An employee at will could be fired for a good reason, a bad reason, or no reason at all Employment Security National Labor Relations Act Without unions to represent employee interests, employers would simply fire any trouble making workers who complained about their conditions in factories or mines National Labor Relations Act also known as NLRA or Wagner Act Prohibits employers from penalizing workers who engage in union activity and requires employers to “bargain in good faith” with unions Family and Medical Leave Act In 1993, Congress passed the Family and Medical Leave Act (FMLA), which guarantees both men and women up to 12 weeks of unpaid leave each year for childbirth, adoption, or medical emergencies for themselves or a family member Allowed to return to the same or equivalent job with the same pay and benefits Only applied to companies with at lease 50 workers and to employees who have been with the company full time for at least a year Cobra Consolidated Omnibus Budget Reconciliation Act This statute provides that former employees must be allowed to continue their health insurance for 18 months after being terminated from their job Employees must pay for it themselves, up to 102% COBRA applies to companies with 20 or more workers Common Law Protections Wrongful discharge: An employer may not fire a worker for a reason that violates basic social rights, duties or responsibilities Prohibits an employer from firing a worker for a bad reason The public policy rule prohibits an employer from firing a worker for a reason that violates basic social rights, duties, or responsibilities Employees may not be discharged for refusing to break the law An employer may not discharge a worker for exercising a legal right if that right supports public policy Courts have consistently held that an employee may not be fired for serving on a jury Kozloski v. American Tissue Services Foundation Facts: o ATSF was in the business supplying human tissue from cadavers for transplantation into live patients o Mike Slack a worker admitted that he falsified a donor medical record and changed the donor’s blood type on the form
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