Employment Law Study Guide
Chapter 1
Realties about the Regulation of Employment generally you do not have a right to your job once hired, employer may choose to fire you as long as termination isn't in violation of a contract as an employer, you may fire someone for any reason that's not illegal make sure termination is not a basis of discrimination legal protections granted to employees seek to make the power relationshi p btwn employer + employee one that's fair and equitable
Is Regulation Necessary?
Title 7 of Civil Rights Act of 1964 → prohibits discrimination based on race, gender, sex, national origin rationalindiv. interested in profit maximization wont hesitate to hire the most qualified applicant, regardless of race employers faced w/ 2 equally qualified applicants for position → prejudice
Who is subject to regulation? Who is an Employer & Who is not? you are not an employee simply because you are paid to work
Choosing how to perform your job is not a clear indicator of IC (ind. cont.) status
Just because you hire a worker doesn't mean you're liable for anything the employee does in the course of his/her employment
If you're an employee(r) under one statute, you are not always considered an employee(r) under all employment-related statutes.
IC is not always > than employee a mistake in the categorization of a bus’s workers can be catastrophic to that business from a financial and other perspectives common elements of employment landscape = temp help, leased workers, ICs, vendors, outsourcing, staffing firms
Origins in Agency Law employment relationship based on tradition law master and servant in agency, actor = AGENT (employee), person for whom the agent acts and from whom that agent derives authority to act = PRINCIPAL (employer) if agent goes beyond her authority or places the property of the principal at risk w/o authority, the principal is now responsible to the 3rd party for all loss/damage
Why it's important to determine whether a worker is
Realties about the Regulation of Employment generally you do not have a right to your job once hired, employer may choose to fire you as long as termination isn't in violation of a contract as an employer, you may fire someone for any reason that's not illegal make sure termination is not a basis of discrimination legal protections granted to employees seek to make the power relationshi p btwn employer + employee one that's fair and equitable
Is Regulation Necessary?
Title 7 of Civil Rights Act of 1964 → prohibits discrimination based on race, gender, sex, national origin rationalindiv. interested in profit maximization wont hesitate to hire the most qualified applicant, regardless of race employers faced w/ 2 equally qualified applicants for position → prejudice
Who is subject to regulation? Who is an Employer & Who is not? you are not an employee simply because you are paid to work
Choosing how to perform your job is not a clear indicator of IC (ind. cont.) status
Just because you hire a worker doesn't mean you're liable for anything the employee does in the course of his/her employment
If you're an employee(r) under one statute, you are not always considered an employee(r) under all employment-related statutes.
IC is not always > than employee a mistake in the categorization of a bus’s workers can be catastrophic to that business from a financial and other perspectives common elements of employment landscape = temp help, leased workers, ICs, vendors, outsourcing, staffing firms
Origins in Agency Law employment relationship based on tradition law master and servant in agency, actor = AGENT (employee), person for whom the agent acts and from whom that agent derives authority to act = PRINCIPAL (employer) if agent goes beyond her authority or places the property of the principal at risk w/o authority, the principal is now responsible to the 3rd party for all loss/damage
Why it's important to determine whether a worker is