Employee Duties
Duty of Performance
This employer duty states that that all employees have a right to a harassment free workplace and an opportunity to work
Reasonable Treatment
All supervision of an employee must follow this rule
Reasonable
Joe works at a local Hamburg Business. He is offered a position making $18 per hour and at least 26 hours a week. Joe works hard but one day, he is approached by his boss who says "Joe, I hate to do this, but we need to let you go. Can't afford to keep you on". How was Joe fired and what type of employment contract is Joe in?
Without Cause and Implied or At Will
All work requests from a supervisor must be this
Reasonable
This employee Duty is something the employer would learn about at the job interview
Duty of Reasonable Skill
If this employer duty is not followed, an employee could file a claim to OSHA and also quit their job under all contracts, including Express Contracts
Safe working conditions
Anything in a contract that is considered important
Material
Reg recently was hired to run Frontier Inc's printing business. He was told he had a job starting on September 1st of 2024 and would work through August 31, 2026, as the owner, Rob Blue, was going on a long business trip to Antarctica looking for new business opportunities. On October 30th, 2024, Reg was fired from his position, as Rob learned there were no opportunities in Antarctica and came back to run the business. What type of employment contract does Reg have and what type of termination took place?
Express and Wrongful Termination
The main reason to hire someone under this employment agreement is that the workplace is not liable for any work injuries or damages.
Independent Contractor
Duty of Obedience
Employers must make sure all hourly workers and minors follow special protections under this Employer Duty
Fair Labor Standards Act
These people are not considered employees because they are not supervised and controlled even though they are paid
Independent Contractors
Reagan was hired as a Calculus teacher at Frontier 11 years ago. Recently, the school hired a new principal who decided the Calculus courses were not being taught correctly. Reagan, following NYS Education law and Course Curriculum, said that was wrong. The principal said he was filing paperwork to have Reagan terminated for insubordination. What protects Reagans rights so if she is terminated, it must be correct? Also, does Reagan have a chance to get her job back?
Due process Rights and Yes
The legal work that means responsibility
Liability
This employee Duty means both the employer and Employee must do as they agreed to before the employee is hired
Duty to fulfill Contract
Employers are required by law to follow this employer duty by making sure these are taken from you every time you are paid
Payroll deductions
This is the legal definition of employment
Supervision and control in exchange for pay
Trey recently graduated from college with a 4.0 average, which is perfect. He was top 3 in his graduating class at Cornell and was offered a position to work at Evans Manufacturing Business as a financial planner. Trey was given a starting contract of $195,000 a year, plus full benefits. After 2 months, Evan realized he made a mistake as he overheard Trey say "I hate this type of job. Can't wait until something better comes up". Evan calls Trey in, says "Its not working out" and fires Trey. What type of work agreement do they have and if Trey agreed to this, he can file a complaint against Evan without going to court.
Implied or At Will and Binding Arbitration
The 2 types of deductions taken from your paycheck that are matched by your employer
Social Security and Medicare
This employee duty means the employee must look out for the best interests of the employer while at work
Duty of Loyalty and Honesty
This employer duty based on this act was created by a law which allowed workers time off for having a new born child or taking care of an immediate family member
Family and Medical Leave Act
This is when an employer is held responsible for the legal acts of an employee leading to a lawsuit
Vicarious Liability
Ava runs a very tight operation and expects the very best from all her employees. She hires Olivia as her lead salesperson and offers her $90,000 a year plus full commission on all her sales at 3% per sale. Olivia starts off well and has 10 months in a row of sales above 12% from the prior year. Then in the 11th month, Olivia's sales numbers start to drop. First it drops to 2% over prior years sales and then to 5% below the prior years sales and then 6 months later, she drops to over 30% under the prior years sales. Ava fires her for not following this Employee Duty, which is what? Also, what type of termination was this?
Duty of Reasonable Performance and For Cause
If an active military person requests to rehired for a job, they must prove this to an employer
Honorably Discharged