The ABC test is used in some states to determine whether a person is an employee or an independent contractor for the purpose of determining state unemployment tax. Some courts using this test look at whether a worker meets three separate...
employment
able to work
The definition of “able to work” is defined as capable of employment. A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury.
See, e.g., International Union, et al. v...
abusive discharge
Abusive discharge is a terminated employee’s claim that their termination breached some public policy of the state. Abusive discharge claims are often brought when no claim for breach of contract or violation of a statute can be alleged....
accommodation
An accommodation is a means of providing assistance or convenience for a person, and the practice of modifying objects and situations to the benefit or needs of another person. Originally, accommodation meant a loan or other financial favor....
actuarial tables
Actuarial tables (also called life expectancy tables, mortality tables,and life tables) are statistical tools used by companies, scientists, courts, and government agencies to predict the life expectancy of a person by their age, gender, and...
ADA
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities. It was signed into law on July 26, 1990, by President George H.W. Bush. The ADA is also falls under the...
ADEA
The Age Discrimination in Employment Act (ADEA) was issued in 1967 and signed into law by President Lyndon B. Johnson and prohibits discrimination on the basis of age. While the Act permits certain age distinctions, it prohibits...
administrative law judge (ALJ)
Administrative law judges (ALJ) (not administrative judges) are executive judges for official and unofficial hearings of administrative disputes in the Federal government. Because they only hear administrative law issues as designated in the...
affirmative action
Affirmative action is defined as a set of procedures designed to; eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future. Applicants may be seeking...
after-acquired evidence
After-acquired evidence is evidence discovered after an employee is fired, that shows the employee’s misconduct during their employment would have eventually led to termination. In Mckennon v. Nashville Banner Publishing Co., the Supreme...