Aug 29, 2013

HR Law in the U.S.

There are so many interesting law about the human resource and employment. Today's HR class, the professor showed a lot of cases about lawsuits of HR law.

For example, when you get an agreement of a contract in order to work for a company, you might see, "If you work hard, you would be able to have a long career in this company.," but this contract implies, "If you don't work as hard as the company expects, you would have a short career in this company." It means you would be fired if your performance is very low in the work place. This is called the implied contract.

Even if your boss said, "You had better break the competitors building. Otherwise, you would be fired.," you are not fired. This is called Public Policy Exception. According to USLegal, "Public policy exception is a rule of exception to the employment-at-will rule. Under this exception, an employer can not fire or discharge an employee if it would violate the doctrine of public policy of a state or a state statute or federal statute.
An employer cannot react against an employee for performing an action in accordance with public policy. An employee is protected from losing his/her job if s/he disobeys an employer by not doing an illegal or immoral act."

If an employee sues his/her employer and requires some money but the employee lied on his/her resume, which is a sort of fraud, employer doesn't need to pay much. This is called After-Acquired-Evidence Doctrine. Again, according to USLegal, "if an employer terminates an employee on the ground of unlawful or invalid reason and subsequently discovers misconduct which is adequate or sufficient to justify a lawful termination, then the employee cannot win reinstatement."

There are lots of acts and cases in the U.S. Those acts and cases would be unbelievable among other countries. To know the differences among the law of countries is also important.

Anyway, the professor of this HR class transparently likes to share interesting cases with students. However, he keeps talking for two hours without break, so some students looked sleepy in class.

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