Employment Law Terms

Employment Law Terms (Q-R)

This is the seventh 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:

Q

“Qualified individual with a disability”:  A person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation. Such persons are eligible for protection from employment discrimination under the ADA.

“Qualifying exigency”:  A circumstance in which an eligible employee may take FMLA leave based on a family member’s current or upcoming active military duty. The FMLA does not contain an exhaustive list of qualifying exigencies, but they include issues arising from the military member’s short-notice deployment, attending military events and related activities, and urgent childcare activities caused by the deployment.

“Quantum meruit”: From Latin for “as much as he deserved,” a legal doctrine that may allow someone to recover a fair amount of compensation for work performed where the amount due has not been agreed on. A potential claim by an employee or independent contractor against an employer.

“Quid pro quo”:  The form of sexual harassment involving a request for sexual activity in exchange for favorable job treatment.

R

“Ratification”:  When the members of a bargaining unit approve a proposed collective bargaining agreement between their union and employer.

“Reasonable accommodation”:  A change to the workplace or an employee’s situation that will enable the employee to perform his/her job despite a disability.  Employers must consider and make reasonable accommodations if they do not impose an undue hardship.

“Regular rate”:  The rate from which time-and-a-half overtime compensation must be calculated under the FLSA. Derived from total remuneration, with some exclusions, divided by hours worked. Can include more than just the employee’s base hourly rate, such as non-discretionary bonuses, shift premiums, etc.

“Reinstatement”:  Rehiring of an employee. A potential remedy in employment discrimination cases, but more often ordered by an arbitrator who finds that the employer did not have just cause to terminate an employee under a collective bargaining agreement.

“Religious accommodation”:  A change to the workplace or employee’s situation based on an employee’s religious beliefs and practices. Like with disability accommodation, employers must consider and make reasonable religious accommodations if they do not impose an undue hardship.

“Replacement”:  A worker hired to work in place of an employee who is on strike. Replacements may either be permanent or temporary, subject to applicable labor laws.

“Resignation”:  When an employee voluntarily ends employment with an employer. Usually distinguished from retirement because the employee intends to pursue another job.

“Retaliation”:  Adverse action against an employee for engaging in protected activity, such a filing a discrimination complaint. Prohibited by most anti-discrimination laws and other employee protections.

“Retirement”:  When an employee ends employment with an employer either at the end of his/her career or under other terms of an applicable retirement plan.

“Right-to-work”:  State laws that prohibit unions from negotiating contract provisions requiring all employees to join the union. Just over half of the U.S. states are right-to-work states.

 

More Employment Law Terms Coming Soon

Stay tuned for the next installment of employment law terms: S-?

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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.