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...
employment
ABC Test
Definition
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 lawSee, 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...