This is the fourth post in a series discussing some basic employment law terms. I hope this will help employers better understand the words that frequently come up in employment law. If there’s a term you’re wondering about that isn’t discussed here, let me know.
Here are links to the previous installments if you missed them:
I
“I-9”: A federal form that must be completed for each employee upon hire to ensure eligibility to work in the United States.
“Impasse”: The point in collective bargaining negotiations when the parties are unable to reach agreement and cannot make further compromise. Impasse may result in mediation, unilateral imposition, strike, lockout, or arbitration in different circumstances.
“Implied contract”: An obligation created by conduct rather than express agreement. For example, assurances of continued employment might create an implied employment contract in some situations.
“Injunction”: When a court orders a party to a dispute to take or refrain from taking particular action. In some employment cases, the court can even order the employer to reinstate an employee to the workforce.
“Interactive process”: When the employer and employee work together to determine whether there is a reasonable accommodation that would permit the employee to perform the essential functions of the job. Per the ADA and other disability discrimination protections, employers must to engage in an interactive process when they receive an accommodation request.
“Intermittent leave”: A form of leave (especially per the FMLA) where the employee takes time off on non-consecutive days, sometimes over an extended, even indefinite, period of time.
J
“Joint employers”: Separate entities that both employ the same employee(s). Some government agencies have recently become even more aggressive in finding independent businesses to both have an employment relationship with the same workers.
“Just cause”: A valid reason for disciplining an employee. Usually required by collective bargaining agreements; sometimes required in individual employment contracts.
K
“Key employee”: Highly compensated personnel who may be subject to different rules, regulations, and entitlements than other employees. For example, employers may not have to offer a “key employee” reinstatement following FMLA leave. Also relevant to various tax issues.
More Employment Law Terms Coming Soon
Stay tuned for the next installment of employment law terms: L-?
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If you think I’m missing any employment law terms that should be included above, please email me to let me know.