WGU C233 Complete Study Guide, Questions with accurate answers, 100% Accurate, graded A+

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WGU C233 Complete Study Guide, Questions with accurate answers, 100% Accurate, graded A+ Describe the three (3) exceptions to employment at will. Just cause. Discrimination. Public policy. De... scribe constructive discharge. Constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. What is an example of constructive discharge? A manager who says, "I'm going to make your life here so miserable that you'll quit," then proceeds to do just that. Describe how intentional interference with a contract may happen. Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party causing economic harm. What is important for employers with regard to how they treat employees during termination? -Strictly at-will an employee may be terminated at any time without cause. However, as noted earlier, that termination may not violate public policy or good faith and fair dealing. -The concept of “progressive discipline” leading to termination is a human resource concept, not a legal one. However, if an employer promises in an employee handbook, or by conduct, guarantees that certain remedial action – progressive discipline – will be offered, that agreement must be honored and the remedial steps followed, or the fired employee may have a claim of wrongful discharge. -If an employee has made a claim of unlawful discrimination, the employer must be very careful to avoid a claim that termination was motivated by retaliation. However, if an employee deserves termination, the employee’s failings have been adequately documented, and all progressive discipline steps been unsuccessful, then the employer is justified in terminating the employee -The employer must remember when terminating employees to treat all employees exactly the same. Disparate treatment of employees in the termination process is just as unlawful as in the on-boarding process. How can an employer protect itself against a wrongful termination, termination based on discrimination, or retaliation claim? 1. Communicate Regarding Expectations 2. Keep Great Documentation 3. Be Compassionate During Terminations 4. Purchase Liability Insurance 5. Help Employees with Next Steps Implied Contract Exception an exception available in at-will employment. Under the implied contract exception, an employer may not fire an employee in a situation where an implied contract has formed between an employer and employee. A written instrument expressing the employment relationship will not exist. Implied Good Faith and Fair Dealing This duty requires that neither party will do anything that will destroy or injure the right of the other party to receive the benefits of the contract. Collective Bargaining Agreement A contract negotiated by the employer and representatives of the labor union, and it covers issues related to employment. Constructive Discharge Constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. What are the six steps in filing a discrimination complaint with the EEOC? 1. Employee believes a discriminatory act occurred 2. Employee files compliant with EEOC 3. EEOC examines employee's claim to determine whether a prima facie case exists 4. EEOC sends complaint to employer 5. Employer responds to EEOC addressing employee's assertion of events 6. EEOC decides to pursue further with more investigation and pursuit of settlement or issuance of a "Right to Sue" letter, which gives employee the right to seek private counsel and sue the employer What is the National Labor Relations Board (NLRB) and what are its main functions? The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. 1. Conduct Elections 2. Investigate Charges 3. Facilitate settlements 4. Decide Cases 5.Enforce Orders 6. National Labor Relations Board Rulemaking List unfair labor practices perpetrated by an employer. 1. Interference, restraint, or coercion. 2. Employer domination or support of a labor organization. 3. Discrimination on the basis of labor activity. 4. Discrimination in retaliation for going to the NLRB. 5. Refusal to bargain. List unfair labor practices perpetrated by unions. 1. Restraining or coercing the employer or employees in exercising the rights provided by the NLRA. 2. Causing the employer to discriminate again employees. 3. Refusing to bargain in good faith. 4. Inducing strikes for forbidden reasons such as secondary benefits. 5. Forcing the employer to make certain work assignments. 6. Forcing the employer to bargain with an uncertified union. 7. Changing excessive initiation fees. 8. Forcing or attempting to force employers to pay for workers the employer does not need. 9. Forcing or attempting to force employers to pay for work that is not or will not be done. List and describe the FIVE steps of the union organization process. 1. The union will spread its message inside the workplace. 2. The union informs the NLRB of interest in unionizing. 3. The union runs an organizing drive. 4. Union representation election is held. 5. Collective bargaining between the employer and the union. What are some strategies for resolving labor disputes? -Collective bargaining mediation: Mediation is a tool through which the federal government supports sound and stable labor management relations. As neutrals, FMCS mediators provide a third-party perspective and leverage the expertise of the skilled negotiators at the table to address the core interests of the negotiating parties. -Alternative Bargaining Processes: The FMCS can conduct collective bargaining facilitation or mediation by alternative bargaining models for labor and management parties who wish to apply a joint problem solving approach in contract negotiations. -Grievance Mediation: FMCS grievance mediation is a means of helping labor and management improve their relationships by more quickly resolving contractual disputes and improving workplace communications. What happens if there is a competing union that has 30% interest as well? Vote is held for no union, union #1, or union #2 What happens if the parties cannot agree on election specifics? Election is set according to NLRB rules What happens if either the employer or union interfere with employees' freedom of choice? Election results are set aside Mandatory Bargaining Subjects Those that directly impact – wages, hours or working conditions (or terms and conditions of employment). These are subjects over which the parties must bargain if a proposal is made by either party. EX. Wages, hours, annual bonus, shift premiums, pension plans, employer controlled pricing in vending machines. Permissive Bargaining Subjects Those over which bargaining is neither compelled nor prohibited. Neither party is required to agree to proposed language that is a permissive subject, and the matter cannot be pursued to the point of impasse. EX. Union procedure for ratifying contracts, attempts to modify the union certification, corporate social or charitable activities, strike settlement Prohibited Bargaining Subjects Those subjects that, if included in a collective bargaining agreement, are unenforceable as a matter of law. EX. Union attempt to negotiate a closed shop agreement, discriminatory employment practices, specifying when workers may strike, changes to NLRA standards. Closed Shop Agreement Specified workers had to be members of a union before being hired for a job. Wildcat Strike A strike not approved by the strikers' union. Boycott A group's refusal to have commercial dealings with some organization in protest against its policies. Impasse When the two sides negotiating an agreement are unable to reach an agreement and become deadlocked. Economic Strike A strike in which workers seek a change in wages, hours, and/or conditions of employment. Unfair Labor Practice Strike A strike aimed at protesting illegal conduct by the employer. Lockout A work stoppage or denial of employment initiated by the management of a company during a labor dispute. In contrast to a strike, in which employees refuse to work, a lockout is initiated by employers or industry owners. Describe how the U.S. Constitution affects employment law. Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work. What is common law and how does it get created? Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common laws sometimes prove the inspiration for new legislation to be enacted. List and describe the three tests used to determine independent contractor status IRS 20 Factor Test The common law test; and The economic realities test Conglomerate A group of diverse companies under common ownership and run as a single organization Integrated Enterprise A business environment in which operations of two or more employers are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability. What is the purpose or function of the law? 1. Regulates conduct- acts as a deterrent i.e. if you do “x” you face punishment “y”. 2. Avoids or Settles disputes – Contract law sets out rules for making & enforcing agreements. 3. Set out rights and obligations- for example the Charter of Rights limits the government’s authority over citizens. 4. Provides remedies- if your rights have been violated under the law, the law provides a system of recourse. 5. Maintains Order & provides protection- prohibits certain acts & provides for an authority-(police) to protect us. 6. Sets up the structure of government- The Constitution Act assigns power & duties to the various levels of government. 7. Directs how to make laws- The Parliament. What is the main purpose of the economic realities test? The goal of the economic realities test is to determine whether a worker is economically dependent on the employer -- and is therefore an employee -- or is really in business for him or herself --and is therefore an independent contractor. What are the 20 factors in the IRS 20-Factor Test? 1. Amount of instruction 2. Amount of training 3. Degree of business integration 4. Extent of personal services. 5. Control of assistants 6. Continuance of relationship 7. Control over schedule 8. Demand for full-time work 9. On-site requirements 10. Order of work 11. Reporting requirements 12. Method of payment 13. Compensation for business or travel expenses 14. Use of tools and materials 15. Level of investment 16. Share in gain or loss 17. Ability to work elsewhere 18. Availability to general public 19. Control over discharge 20. Right to terminate Retaliatory Discharge Retaliatory discharge refers to an employer terminating an employee for anything other than a workperformance related reason. The term most commonly refers to an employee being terminated for reporting the employer's wrongful conduct. Montana Wrongful Discharge from Employment Act Montana Wrongful Discharge From Employment Act of 1987 prohibits termination for other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute. Explain why it is important for an organization to correctly identify which workers are "employees" versus independent contractors? Worker classification is important because it determines if an employer must withhold income taxes and pay Social Security, Medicare taxes and unemployment tax on wages paid to an employee. ... The earnings of a person working as an independent contractor are subject to self-employment tax. List the FOUR factors used to determine whether two or more firms are considered an integrated enterprise 1. The degree of interrelation between operations, such as sharing management services, payroll, and office space. 2. The degree to which the entities share management, as in having a common slate of managers, officers, and directors. 3. The degree of common control of labor relations, as in human resources administration or personnel policy development. 4. The level of shared ownership. Define employment at-will doctrine. The predominant rule governing employer-employee relations that states that an employer may terminate an employee at any time, for any legal reason, without incurring liability.. Describe and give examples of the following types of employment contracts: Agency Implied Contracts Explicit Contracts Union Contracts Agency-A contract relationship between a principal and an agent whereby the principal authorizes the agent to work on his or her behalf and with power to bind the principal. Implied Contracts-A legally binding agreement which is created, not through formal contract negotiation and documentation, but by the actions of the employer and the employee. Explicit Contracts-(Also known as "express contract") A verbal or written agreement in which the parties state exactly what they agree to do. Union Contracts- Labor union contracts are multiyear, bilateral agreements between the labor union and the employer How might the employee handbook affect the employment contract? The handbook, coupled with established procedure, creates an implied contract upon which the employee may rely. Freedom of Speech the right to express any opinions without censorship or restraint. Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Respondeat Superior Doctrine Doctrine that makes an employer liable for the tortious acts of employees committed in the scope and furtherance of their employment. Liable Legally responsible or obligated. Precedent A controlling rule, example, or guide established by a judge that provides a framework for other judges to follow in later cases Judicial Review The power of the Supreme Court to consider whether a law complies with the Constitution. Common Law Principles developed over centuries as a result of legal decisions made by judges in individual cases. Doctrine A beleif, principle, or teaching; a sytem of such beleifs and principles or principle. Public Policy Exception Exception to doctrine of employment-at-will, holding that employees cannot be fired for fulfilling legal obligations or for exercising legal rights. Pregnancy Discrimination Act (PDA) This Act recognizes pregnancy as a temporary disability and prohibits applicants from being discriminated against in the recruitment process because of pregnancy, childbirth, or related medical conditions (Amendment to Title VII). Implied Covenant of Good Faith and Fair Dealing A presumption that each party in a contract will deal with each other in good faith and fairness. Common Law Agency Test A test that classifies a worker as an employee if the employer maintains the right to control the method of work performed. Economic Realties Test A test that classifies a worker as an employee if the employee is substantially economically dependent on an employer. IRS 20-Factor Analysis A list of 20 factors to which the IRS looks to determine whether someone is an employee or an independent contractor. Agency Relationship Fiduciary relationship (relationship of trust) in which agent acts on behalf of principal. Explain employer's use of E-verify and how it ascertains worker eligibility. E-Verify is an internet-based system operated by the federal government which allows an employer to determine the eligibility of an employee to work in the United States using information reported on that employee's Form I-9, Employment Eligibility Verification. What are the TWO qualifying events for FMLA leave? -Birth, adoption, or placement of a new foster child -A serious health condition of the employee, or the employee's spouse, son, daughter, or parent. Summarize the employee's responsibility when requesting FMLA leave. Has a burden to provide the employer with health care provider certification that a serious health condition exists. What limitations or requirements may an employer impose on employees requesting FMLA leave? -The employer must continue health benefits during leave. -The employee need not accrue seniority or benefits related to time of service during the leave period -Upon return, the employer must restore an employee to substantially the same position held prior to leave -He employee has a duty after leave to perform the duties anticipated and must return to work if the purposes of the leave have been achieved or no longer exist What are potential limitations to employee privacy? With sufficient notice and an articulated and legitimate business purpose, employers may engage in a wide range of monitoring activities which otherwise might be inimical to employee privacy. When can employers legally search your belongings? 1. Justified at the start 2. Limited in scope in its execution Technology Describe regulations/employer concerns pertinent to the following types of employee testing: Drug/Alcohol Testing Medical Testing Polygraph Testing Drug/Alcohol Testing Medical Testing Polygraph Testing Salaried employees are not necessarily ___________________________________ under the FLSA. Exempt Employees Under OSHA's _______________________________, employers are required to provide a workplace of known hazards. General Duty Clause Kenya may not be entitled to any additional leave if her employer has fewer than ____________________________ employees. 50 To check an employee's eligibility to work in the United States, employers often use __________________________. E-Verify __________________________ defines dangerous occupations and regulates what types of jobs workers under 16 may have. FLSA Because of ___________________________, employers are permitted to investigate a prospective employee's credit history. Fair Credit Reporting Act What requires employers to perform due diligence in ensuring prospective employees are eligible to work in the United States? IRCA How would an HR professional determine whether an employment law is applicable to his/her employer? (4 Steps) 1. The first step is determining which federal employment statutes apply to the firm. Some federal laws apply to all employers regardless of size. Such is the case of the USERRA and the NLRA. Others have application only if a firm has a specified number of employees. For example, Title VII applies to firms with fifteen or more employees, while the ADEA requires twenty and and the IRCA four. 2. Determine if the employer does contract work for a federal or state government. If that were the case, then Affirmative Action rules and other state mandates would apply. 3. Third, after assessing which federal laws apply, the HR professional must look to state law. Usually state law mirrors the federal law, but often the rules in a given state are more strict than federal law, as is the case with most California and New York state employment law. 4. The final step would be to understand which common law rules apply in the state where the business operates. Explain the difference between disparate impact (aka adverse impact) and disparate treatment (aka adverse treatment) Disparate treatment discrimination is directed at an individual, while disparate impact discrimination is directed at a class of persons. Explain how to measure unlawful disparate impact using the four-fifths (4/5) rule (aka the 80% rule). -The simplest and most common way of estimating adverse impact by ruling a screening device as discriminatory if its selection rates of a protected class are less than 80% of the majority. -Courts have not adopted the four-fifths rule as conclusive of disparate impact, but allow it to be used as one factor in a plaintiff's claim of discrimination. How do you establish a prima facie (at first sight) case? 1. An apparently neutral employer's procedure, policy, or practice, which has the effect of limiting employment opportunities for a particular class. [Show More]

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