Agency & Employment Law

Transcription

1 Agency & Employment Law

2 Types of Agency Relationships Agency a relationship in which one person represents another person in some sort of business transaction with a third party. Agent (A) represents the person, has the authority to act in place of the principal. Can negotiate business deals, enter contracts. Principal (P) the person being represented, normally bound to those agreements the agent makes. It is the essence of the true nature of the relationship that matters to the court.

3 Principal-Agent Principal (Client) needs representation and the party assigned to doing this is the agent. Manager /Clerk The relationship is consensual because both parties must agree or consent to the relationship.

4 Master-Servant Involves the servant performing services for the master. The master has right to control the conduct of the servant. Factory foreman/ Factory worker. Master is a person who has the right to control the conduct of another who is performing a task for that person. Servant is a person whose conduct in the performance of a task is subject to the control of another. Usually the terms employer-employee are used, but the person does not have to be employed to have one of the relationships.

5 Proprietor-Independent Contractor Independent contractor works for the proprietor but is not under physical control of the proprietor. Control of results but not of how the tasks are performed. Examples: Homeowner/plumber, Client/Attorney

6 Employment Relationship Employer-employee relations are governed by federal and state statutes. Current statutes recognize the rights of the employer and employee Statutes regulate wages and hours, prevent employer discrimination, promote safe working conditions, etc.

7 Employment Relationship Labor-Management relationship affected by unions (organization of employees formed to promote the welfare of its members) Collective bargaining agreement a contract negotiated by the employer and representatives of the labor union, covering issues relate to employment. Grievance procedures series of steps employees must take to appeal an employer s decision they feel violates just cause.

8 Employment Relationship Professional and executive employees have the power to negotiate their own contracts.

9 Terminating the Employer- Employee Relationship Employment-at-Will Doctrine Definition of at will employee: An employee who is hired for an indefinite time period. Definition of at will employment: An employment relationship where there is no contractual obligation to remain in the relationship. General Rule: An at will employment can be terminated by either party at any time.

10 Equal Employment Opportunity Commission (EEOC) Federal agency charged with ending employment discrimination. Investigates discrimination complaints. The Commission is also tasked with filing suits on behalf of alleged victim(s) of discrimination against employers

11 Exceptions to Employment-at-Will Doctrine Title VII of Civil Rights Act of 1964 as amended. An employer can not discriminate in hiring, firing, or terms of employment based on Race, Color, Religion, Sex, National Origin. Must file with EEOC or state agency prior to filing suit. Prove Discrimination Defenses Seniority Merit defenses use of approved test BFOQ female needed for women s clothing Remedies Back pay, attorney fees, compensatory damages (punitive if reckless)

12 Exceptions to Employment-at-Will Doctrine Age Discrimination in Employment Act ADEA Protects employees who are at least 40 years old Must file charge with federal or state agency before suit Proof-similar methods as with Title VII Defenses Good Cause Reasonable factors other than age Seniority system BFOQ Remedies like Title VII; usually no pain/suffering or punitive damages.

13 Exceptions to Employment-at-Will Doctrine Americans with Disabilities Act (ADA) Enforced by EEOC Procedures and Remedies like Title VII Prevents discrimination against qualified individuals with disabilities b/c of that disability. A qualified individual with a disability is a person who can perform essential functions of a job with or without reasonable accommodations. Thus, employer must provide reasonable accommodations.

14 Immigration Reform and Control Act (IRCA) 1986 The Act made it illegal to knowingly hire or recruit illegal immigrants. Required employers to attest to their employees' immigration status. The Act also granted a path towards legalization to certain agricultural seasonal workers and immigrants.

15 Occupational Safety and Health Administration (OSHA) Requires Employers to comply with detailed safety regulations OSHA writes, inspects, and determines punishment of safety regulations. Example: Wearing a hard hat when on a construction site.