Employment Law

1
Employment Law

• Jessica Neilson
• 1/25/06

2
Highlights from Chapter 4 Benefits

• ERISA-qualified plans must be nondiscriminatory
  (available to all)
• Plan administrators are fiduciaries and may be
  sued for mismanagement of funds
• Regulation burden is fairly high post-ERISA

3
Highlights from Chapter 4 Benefits, Contd

• Defined contribution 401(k), employee stock
  ownership plans, profit sharing plans
• No guarantee what plan is worth, only that you
  can invest
• Defined benefit specific monthly benefit at
  retirement (private sector participants neednt
  contribute but public sector tend to) Participant
  is not required to make investment decisions
• Pension Benefit Guaranty Corporation insures some
  pensions
• Pensions will soon go the way of the Dodo bird

4
Highlights from Ch. 4, Benefits, Contd

• Employers are not required to offer benefits
• Must offer benefits as per contract (handbook,
  etc.) requires
• Any employee benefit plan must comply with
  ERISA
• Decisions to offer certain benefits often driven
  by employers tax concerns (can they get a
  deduction for benefit)

5
Highlights from Ch. 4, Benefits, Contd

• QDRO (p. 79) Qualified Domestic Relations Orders
  that order an employer to transfer a
  participants interest in a retirement fund to an
  alternate payee (former spouse or child or other
  dependent) because of child support, alimony, or
  marital property rights
• Erisa requires that QDROs be honored.

6
Chapter 4 Review Questions
7
Chapter 5 Evaluating the Employees Job
Performance
8
Dilberts Performance Review Generator

• http//www.dilbert.com/comics/dilbert/games/career
  /html/questions.html

9
Ways a Paralegal May be Involved

• Drafting Employee Handbook
• Reviewing with counsel the Performance Reviews
• Using Job Descriptions, Performance Reviews as
  Evidence in a Lawsuit, Exhibits in Deposition,
  etc.
• Helping make promotion, retention, firing
  decisions based upon job descriptions and
  performance reviews

10
What is a probationary period?

• May be used in a just cause employment setting
• If at will, call it introductory period

11
How are performance reviews legally relevant?

• Part of progressive discipline program
• Documents cause for just cause
• Attempt to provide fairness in employment setting
• Exhibits in employment law suits
• Useful for negotiating settlements of employment
  law suits

12
Exercise Adopt Discipline Policy at Schtick
Stone
13
Cases involving discriminatory discipline

• Failure to follow handbook/contract on discipline
  can be used to demonstrate discrimination
• Unevenly applying discipline can establish
  discrimination
• Trumped up grounds for discipline can be part
  of discriminatory picture

14
Sample Discipline Policies

• http//www.myjaxchamber.com/business_information/b
  usiness_forms/employee_discipline_aids.pdf

15
For Next Class

• Read Chapter 6 Terminating the Employment
  Relationship