Key Terms
Notable exception
Employers do not have to provide personnel records to a current or former employee who has filed a lawsuit against the e
Requirement
Employers must give 60 days advance notice of a planned closure or layoff affecting 50 or more workers.
Legislation to watch
House Bill 537 — Social Networking Online Protection Act (SNOPA) — introduced 02/06/2013; stalled in subcommittee since
At-will employment
Employment is for an indefinite period and may be terminated by either party — employer or employee — at any time, for a
Just cause factors
Unsatisfactory performance, misconduct, economic necessity — typically detailed in the agreement or contract.
Effect
Even without a formal written contract, the employee may have a valid expectation of continued employment or just-cause
Best practice
Include a clear, unambiguous disclaimer on all employee materials stating that policies and comments do not create contr
Definition
A general legal assumption that parties will act in good faith and deal fairly — without using deceptive means to avoid
Application
Courts in these states have required just cause for termination and prohibited terminations made in bad faith or motivat
Classic bad faith termination example
Firing a salesperson who just booked a record sale — specifically to avoid paying the commission.
Definition (active form)
Training someone to obey rules or a code of behavior, using consequences to correct disobedience.
Weingarten Rights
In NLRB v. Weingarten, the U.S.
Three core principles of the FRISK model
1. Positive: Emphasis is on the employee's potential to change, not on punishment 2.
Progressive
Severity of communications and discipline increases to incentivize corrective action