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 criteria to be considered an independent contractor:
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.
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. Thus, the employee attempts to show that
An accommodation originally meant a loan or other financial favor. An accommodation more commonly means providing assistance or convenience for a person, and the practice of modifying objects and situations to their benefit or needs.
See: Americans with Disabilities Act (ADA).
[Last reviewed in November of 2024 by the Wex Definitions Team]
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 admission to an educational program or looking for professional employment.
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.
Age discrimination occurs when employers, labor organizations, and employment agencies treat an employee less favorably because of their age if the employee is at least 40 years old. Employees are protected by the Age Discrimination Employment Act of 1967 (AEDA), and other states’ regulations.
The purpose of the Age Discrimination in Employment Act (ADEA) is to protect workers over age of 40 from discrimination in employment.
An agency shop is a place of employment in which full membership in a union is not required, but the union acts as an agent for the employees. Both union members and non-union members must pay periodic union dues and initiation fees whether they join or not since it is presumed that any collective bargaining on the part of the union will benefit b
