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Employer Liability to Unlawful Acts of Employees - Essay Example

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Name: Professor: Course: Date: Employer Liability to Unlawful Acts of Employees Introduction United States employment law is a collection of federal and state laws. Federal laws are the most paramount laws that govern, set standards of workers right in the private sector and supersedes any local or state law that regulate this sector…
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Employer Liability to Unlawful Acts of Employees
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Download file to see previous pages However, from 1941, a series of laws were made which prohibited employers from firing employees for no reason. The Executive Order 8802, was the first law that prohibited racial discrimination, later in 1964, the Civil Rights Issue and amendments were created, in 1990 the Americans with Disabilities Act was created which protected disabled Americans. In 1993, the Medical and Family Leave Act and many other laws that protected employees were formed (Mackey & Daniel, 1986). The employment law came into existence to protect employees’ rights. The Fair labor Standards Act ensures that employees’ overtime pay is paid to the employees who work for more than 40 hours a week and it also regulates employees’ minimum wages. The Americans Disability Act ensures equal treatment for persons with disability, it protects employees with disabilities form being mistreated by their employers and fellow employees (Walsh & David, 2013). Employment Law prohibits racial discrimination, all employees are supposed to be treated equally regardless of race, sex, religion, gender, age and national origin. These laws ensure equal employment opportunities and every employee is subject to wages. There are three major exceptions; public-policy exception, under this exception an employer should not terminate an employee for claiming compensation after being injured in the line of duty. The other exception is the implied-contract, this is where there is formation of an implied contract between an employee and an employer but there is no written document regarding the employment but the relationship exists (Walsh & David, 2013). Lastly, the Covenant-of-good-faith means that any malicious decisions by the employer are prohibited. All workers should be aware of the situations that make their employers liable. An employer is liable to a co-worker if the co-worker is dismissed without a reason of dismissal which follows the rules regarding the contract. The employer should be held liable if the environment where workers are operating is not safe, workers should be in protective gears if the environment under which they are operating is risky and cause harm. The employer is also liable if a worker is sexually harassed in the organization or the business premises. Employers should put in place measures that protect all employees from sexual harassment. If an employer breaches a contract between suppliers, they are held liable by the suppliers. If a supplier is supposed to supply items to a firm and the employer terminates the contract without the consent of the supplier, the supplier should hold the employer liable (Walsh & David, 2013). If the supplier incurred losses on the account of the employer the employer will be held liable to the losses incurred which may include; destruction of property already received by the firm. If a company has purchased certain items and they spoil in the hands of the employer the employer is liable for the goods and not the supplier. The law states that if you have more than fifteen employees and your business is an interstate commerce, the business is under the Title VII in the Civil Rights Act. It prohibits discriminatory acts and sexual harassment and describes sexual harassment as a type of sexual behavior that is inappropriate and unwelcome at the workplace. Sexual ...Download file to see next pagesRead More
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