employment

ABC Test

Definition

A test 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...

Able to Work

Definition

Capable of employment. A person who is able to work is ineligible to receive unemployment benefits on the basis of illness or injury.

Illustrative case law

See, e.g. International Union, et al. v. Johnson Controls, Inc., 499 U.S. 187 (...

Abusive Discharge

Definition

A fired employee's claim that the firing 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. Instead of relying on an employment...

actuarial tables

Definition

Statistical tables that display the life expectancies of people based on certain characteristics such as age, gender, family...

ADA

See: Americans with Disabilities Act

ADEA

See: Age Discrimination in Employment Act

Administrative Law Judge (ALJ)

Definition

An independent hearing examiner who presides at an administrative hearing. An ALJ has the power to administer oaths, receive evidence, take testimony, and make initial findings of fact or law. An ALJ’s findings are subject to review...

Affirmative Action

Definition

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...

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...

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