Chapter 34

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1
Employment at Will
Under this doctrine, either party may terminate the employment relationship at any time and for any reason, unless doing so violates an employee's statutory or contractual rights.
2
Whistleblowing
Telling government authorities, upper-level managers, or the media that the employer is engaged in some unsafe or illegal activity. Normally, those who do this seek protection from retaliatory discharge under federal and state statutes
3
Wrongful Discharge
Whenever an employee discharges an employee in violation of an employment contract or a statutory law protecting employees, the employee may bring action for ... .... Even if an employer's actions do not violate any provisions in an employment contract or statute, the employer may still be subject to liability.
4
Minimum Wage
The bare minimum amount of pay workers receive under federal or state law.
5
Workers' Compensation Laws
These establish an administrative procedure for compensating workers injured on the job. Instead of suing, an injured worker files a claim with the state agency board that administers local ... ... claims
6
Vesting
This gives an employee a legal right to receive pension benefits when they stop working. Before ERISA was enacted, some employees who had worked for companies for many years received no pension benefits when their employment terminated, because those benefits had not ....
7
I-9 Verifications
Employment Eligibility Verification, which is available from U.S. Citizenship and Immigration Services, must be completed within three days of a worker's commencement of employment. The three-day period allows the employer to check the form's accuracy and to review and verify documents establishing the prospective worker's identity and eligibility for employment in the U.S.
8
I-551 Permanent Resident Card
AKA a green card or properly stamped foreign passport, this allows a lawful resident to prove their status to an employer.
9
Cease-and-Desist Order
This may be issued by the NLRD compelling the employer to stop engaging in the unfair labor practices. They can be enforced by a federal appellate court if necessary.
10
Closed-Shop
A firm that requires union membership as a condition of employment.
11
Union Shop
This does not require union membership as a prerequisite for employment but can, and usually does, require that workers join the union after a specified time on the job.
12
Right-to-Work Laws
Laws making it illegal for union membership to be required for continued employment in any establishment. Thus, union shops are technically illegal in the twenty-seven states that have these.
13
Hot-Cargo Agreements
In which employers voluntarily agree with unions not to handle, use, or deal in goods of other employers produced by nonunion employees.
14
Authorization Card
This usually states that the worker desires to have a certain union, such as the United Auto Workers, represent the workforce.
15
Collective Bargaining
This is the process by which labor and management negotiate the terms and conditions of employment. This allows the representatives elected by union members to speak on behalf of the members at the bargaining table. Subject for negotiation may include workplace safety, employee discounts, health-care plans, pension funds, and apprentice and scholarship programs.
16
Strike
The unionized employees leave their jobs and refuse to work. The workers also typically picket the workplace, standing outside the facility with signs stating their complaints. This is an extreme action. These workers lose their rights to be paid, and management loses production and may lose customers when orders cannot be filled.
17
Secondary Boycott
An illegal strike that is directed against someone other than the strikers' employer, such as companies that sell materials to the employer.
18
Lockout
This is the employer's counterpart to the workers' right to strike. This occurs when the employer shuts down to prevent employees from working. They are usually used when the employer believes that a strike is imminent or the parties have reached a stalemate in collective bargaining.
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