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Case history; Prior: White v. Burlington Northern & Santa Fe Railroad Co., 364 F.3d 789 (6th Cir. 2004). Holding; The anti-retaliation provision (42 U. S. C. §2000e–3(a)) under Title VII of the Civil Rights Act of 1964 does not confine the actions and harms it forbids to those that are related to employment or occur at the workplace.
Insubordination is the act of willfully disobeying a lawful order of one's superior. It is generally a punishable offense in hierarchical organizations such as the armed forces , which depend on people lower in the chain of command obeying orders.
On the other hand, an employee who acts as a "whistleblower" may or may not be engaging in concerted activity; if the complaint is entirely individual and the employee has not discussed it with co-workers, it is unlikely to be protected by the National Labor Relations Act (though it may well be protected under some other public policy). [15]
Public policy: In many states it is possible to argue that the employer's reasons for terminating an employee, although not in violation of a statute, violated the state's public policy such that a wrongful termination claim should be allowed. For example, a court might allow a claim by an employee who was fired for refusing to take an action ...
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish "just cause" for termination), and without warning, [1] as long as the reason is not illegal (e.g. firing because of the employee's gender, sexual orientation, race, religion, or disability status).
Case-Specific: company policies, rules, disciplinary and grievance procedures, and other information modeled after employment laws or regulations. The employee handbook, if one exists, is almost always a part of a company's onboarding or induction process for new staff. A written employee handbook gives clear advice to employees and creates a ...
Employers have varying views of sleeping while on duty. Some companies have instituted policies to allow employees to take napping breaks during the workday in order to improve productivity [11] while others are strict when dealing with employees who sleep while on duty and use high-tech means, such as video surveillance, to catch their employees who may be sleeping on the job.
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...