Type of Contract
You can be fired for any reason or quit for any reason you want
At Will
When you are fired by being given a valid reason
With cause
Rob and Reg are walking to school one day and both realize they recently applied to work at Burger King. Reg does it because he loves their mayo and Rob because he cannot stand mustard on most sandwich's. When Reg gets to school he says to himself "I think I want to find another job so I can get some peace and quiet", so he calls in and decides to quit. What type of employment gives Reg this right?
At will or implied
Most of the US workforce is in this sector of employment
Private
What 2 things must an employee prove to collect Workers Compensation?
Injured on the job and no fault of their own
When you are employed with a start date and an end date
Express
Any time a party to a contract does not complete their legal obligations or duties
Breach
Kaiden needs to get a weekend off from work he is already scheduled to work, because he has a volleyball tournament coming up on the weekend, that was an unplanned, rescheduled thing. He tells his boss this who responds with "We need you and if you choose to play in that tournament, your fired and I will fire you for cause!" Kaiden gets an attorney to claim he was illegally fired. What is Kaiden claiming and will he win?
Wrongful Discharge and No! He was scheduled, did not come in and they can fired him with or without cause for this.
Anytime a person works for the Government
Public
Legal definition of an employment contract
Pay in exchange for supervision and control
2 types of employment contracts in which you must be given a legal reason to be fired from your job
Express or government
If you are fired without being given a reason, what type of employment contract are you in and what is this called?
Implied or At Will, Without Cause
Olivia takes a position as a teacher at Frontier High School, teaching business law classes. She is aware that Frontier is a public high school and she works for 8 years as a teacher. One day, her boss comes to her and says "We have reason to believe you changed a students grade illegally and we are firing you.' Olivia cannot be fired until this takes place and the school must provide what?
Due Process and proof (Evidence)
This type of contract means you must be given a reason for termination and you are not guaranteed arbitration rights, as you are a private sector employee
Express
These types of workers are not supervised and controlled but they are paid
Independent Contractors
What must most Government employees go through as part of the termination process in order to be legally fired
Due process
Anyone who works for the Government is part of this sector of employment
Public
Reagan works at the Ford Stamping Plant as a line engineer making $36 per hour. She has been with the company now for 12 years and recently learned she would be laid off without pay. What type of employment contract is she in and would she be eligible for unemployment?
Implied (At Will) and yes she is eligible, as she was laid off without doing anything wrong (No fault)
If a public sector employee is given notice of termination, they must go through this process
Due Process
This employee duty means they must follow reasonable orders or they may be fired for cause
Obedience
Any type of termination in which an employer cannot prove the reason they are claiming to have fired you for is considered this
Wrongful Discharge
This legal term means to end something
Terminate
Brycen has worked for Gordon Law Firm now for 3 years and recently learned the company may have filed paperwork claiming a client filed taxes for their business when they did not actually file any taxes. Brycen, upset about this reports it. After learning what Brycen did, he is fired from his job for lack of performance. Was Brycen fired with or without cause and what can he do about this?
With and file a case for Wrongful discharge
Jim was given a contract for 3 years to run a local law office. 1 year into the contract, Jim is offered a position with a new firm for double the pay and he quits the job. What legally took place and what can his current employer do at this point?
Breach of contract, sue
This is a process where an employer and an employee settle legal differences outside of a court, but the decision is binding (Must be followed)
Arbitration