Employment Law Definitions and Concepts

A collection of key terms and definitions related to employment law concepts, organized for effective study and review.

Employment-At-Will

Default rule that employment can be terminated at any time, for any reason not specifically prohibited by law, without needing good cause or just cause.

Just Cause

Standard requiring employer to have legitimate, fair reason for discipline or termination; typically found in union contracts.

Collective Bargaining Agreement (CBA)

Contract between union and employer specifying terms and conditions of employment.

Public Sector

Government employment (federal, state, local agencies); approximately 15% of U.S. workforce.

Private Sector

Non-government employment (corporations, nonprofits); approximately 85% of U.S. workforce.

Tort

Civil wrong for which courts provide remedy; includes negligence, defamation, invasion of privacy, infliction of emotional distress.

Plaintiff

Person or entity bringing a lawsuit.

Defendant

Person or entity being sued.

Burden of Proof

Obligation to prove allegations; in employment cases, plaintiff (employee) bears this burden.

Preponderance of Evidence

Standard of proof in most civil cases; 'more likely than not' (over 50% probability).

Summary Judgment

Dismissal of case without trial when no material facts are in dispute; judge decides as a matter of law.

Discovery

Pre-trial process where parties exchange information and evidence.

Settlement

Agreement between parties to resolve dispute without trial or before verdict.

Equitable Tolling

Exception to strict limitations period when employee was misled or extraordinary circumstances existed.

Administrative Agency

Government body created to implement and enforce specific statutes (e.g., EEOC, OSHA, NLRB).

Alternative Dispute Resolution (ADR)

Methods of resolving disputes outside traditional court litigation (e.g., mediation, arbitration).

Class-Action Lawsuit

Lawsuit where one or few named plaintiffs sue on behalf of larger group (class) with similar claims.

Unconscionable

Contract or term that is so one-sided or unfair that it shocks the conscience; may be unenforceable.

Remedies

Legal or equitable relief awarded to successful plaintiff.

Back Pay

Lost wages from time of violation to judgment or settlement.

Discrimination

Treating employee differently based on protected characteristic (race, sex, age, disability, etc.).

Retaliation

Adverse action taken against employee for engaging in protected activity.

Disparate Treatment

Intentional discrimination; treating similarly situated individuals differently based on protected characteristic.

Disparate Impact

Facially neutral policy that disproportionately affects protected group without business justification.