Pre-Employee Screening -- Reference Checking

Threat of Defamation Litigation

Parental Status Discrimination--

State Law)

Constructive Discharge

Although in most states, at-will employees--those who work without an employment contract or collective bargaining agreement--can be fired by an employer for the slightest reason or in fact no reason at all, there are certain circumstances under which the termination of an at-will employee may be found to be wrongful under the law. One example of wrongful termination is a retaliatory firing after an employee reports an employer for a violation of state or federal law. Another type of wrongful termination is called constructive discharge. Constructive discharge occurs when an employer makes an employee's work conditions so intolerable that any reasonable employee in that situation would have no choice to quit and the employee does in fact resign his position.

Scope of the National Labor Relations Act

Congress passed the National Labor Relations Act in 1935 to regulate transactions between labor unions or organizations and private employers. Enforcement of the Act rests with the National Labor Relations Board, its General Counsel, and its regional offices. The major duties of the Board are to investigate allegations of unfair labor practices and to ensure that they are stopped. The Board is also tasked with overseeing and certifying elections through which employees decide whether they will be represented by a union and, if so, which union will represent them.