Labor & Employment Law Chapter 1 - 2

Laissez-Faire

is the socioeconomic theory that advocates minimal government

regulation and control of business based on the principle that a free market

should be permitted to operate without restraint and

thereby seek its own balance.

conspiracy

occurs when

two or more persons plan to

injure another person in an

unlawful way or to commit an

unlawful act.

yellow dog contracts

contracts under which a

worker agrees to refrain from

joining a union as a condition

of employment.

employee

is an individual

who performs services for

another for compensation

under circumstances where

the person for whom the

services are performed has

the right to control the manner and means in which the

services are performed.

independent contractor

a person who performs

services for another for compensation under circumstances where the person

performing the services retains the right to determine

the manner and means of

how the services are to be

performed.

employer

a person who

hires employees to perform

services for compensation,

and who exercises control

over the manner and means

the employees will use in

performing those services.

single employer

two or

more persons (individuals or

business organizations) that

constitute a single integrated

enterprise by reason of their

common ownership or

control and the fact that they

are functionally a continuous

operation or production

process.

joint employer

two or

more persons (individuals or

business organizations) that

exercise joint control over a

group of employees.

alter ego

status occurs when

two or more persons or business organizations are so

closely interrelated and commonly controlled as to be

virtually identical to one

another.

double breasted operations

occur when a person

operates two or more business enterprises that are

commonly owned and controlled and used selectively

depending upon the circumstances.

At Will Employment Doctrine

is the legal principle

that an employee may be

discharged at any time for any

reason or no reason at all so

long as the discharge does not

violate a contract for a

specific term or a statute.

Whistleblower Exception

an employee may

not be discharged for reasons

that violate a clear mandate

of law or public policy.

The covenant of good faith

and fair dealing

a legal

principle that in every employment contract there is an

implied covenant that the

parties will deal with each

other honestly, fairly, and in

good faith.

implied contract exception

the legal

principle that an implied

contract may be recognized

where the circumstances of

the employment contract indicate that it has certain

conditions attached to it that

the parties intended and accepted.

just cause standard

an employee may

be discharged only for just

cause.