Employers and unions may at times be unable to reach a collective bargaining agreement. This can result in a strike by union employees. Before a strike, however, employers have tools to force unions accept their terms during the bargaining process. In such situations, in the United States, there are legal steps an employer may take . These can be summarized as by the following which attempts to cover multiple situations, not all of them.
1. A lock out, this can happen when workers are on the job, but the employer believes that negotiations are not going well. In certain cases, employers simply stop production and "lock out" workers from their jobs;
2. Strike breaking, this can be accomplished by hiring new employees to take the place of union workers. An example of this was an action by NFL football teams. Due to laws governing unions & strikes, the NFL hired new players and the football games continued. At some point the employer and the union reaches an agreement;
3. An injunction, is a legal step employers can take in court to legally force workers back to work. An example of this is in many Boards of Education in various US States. In cases like this, the State may have a law in place forbidding teachers from striking. The idea behind this, even in "pro teacher" States is that children cannot be denied their educations.
Based on a successful case in court by employers, a court can order union teachers to return to the classrooms. If they do not, their union faces fines dictated by the courts and of course the teachers lose a day's salary for each day they remain on strike; and
4. Publicity, in these situations, employers will publicly demonstrate in news conferences or by other means that workers in any particular field are hurting the public by striking. This can be used as explained in No. 4. Parents may prefer that their children should not miss school days because of a teachers strike. This is a powerful anti strike tool in school districts where teachers can earn $100,000 salaries, have tenure and have a limited number of work days in a school year. In other cases such in professional sports, the team owners may point out to the public that professional players are already "over paid" with million dollar contracts. This may resonate with fans who don't as a whole, earn anything near the salaries paid to sports players.
This answer by no means covers every strike situation. Allot depends on State laws or as in the case of airport traffic controllers, by Federal Laws.
The attempt here is give examples that cannot be all inclusive. In any employer - labor dispute there are many complications.
Vicarious liability and respondeat superior are legal concepts that hold employers responsible for the actions of their employees. Vicarious liability means the employer is held responsible for the actions of their employees, even if the employer did not directly cause the harm. Respondeat superior is a specific type of vicarious liability that holds the employer responsible for the actions of an employee if the employee was acting within the scope of their employment when the harm occurred.
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What legal actions can i take if my employer doesnt pay me?
The doctrine of vicarious liability is a specific application of the legal principle of respondeat superior, which holds that an employer is responsible for the actions of their employees when those actions occur in the course of employment. This means that if an employee commits a wrongful act while performing their job duties, the employer can be held liable for the resulting damages. The doctrine encourages employers to ensure proper training and supervision of their employees to mitigate risks associated with their actions.
Yes, it is illegal for an employer to not pay employees on time. Employers are required by law to pay employees according to the agreed-upon schedule, whether it be weekly, bi-weekly, or monthly. Failure to do so can result in legal consequences for the employer.
You should ask a lawyer all legal questions - don't seek your answers online.
is a situation where employees stops to work,but without any formal or legal obligation
The term for the process whereby a person is held responsible for the actions of a business is "vicarious liability." This legal concept holds an employer or principal legally responsible for the negligent actions of their employees or agents, provided those actions occur within the scope of their employment or duties. Vicarious liability ensures that businesses can be held accountable for their employees' conduct, promoting responsible practices.
Employees work when and where scheduled by the employer, as long as they are paid for all work time.
Yes, it is illegal to not pay employees for their work. Employers are required by law to compensate their employees for the work they perform. Failure to do so can result in legal consequences for the employer.
Yes, it is generally considered illegal and unethical for an employer to send an employee to a different state and terminate their employment without proper arrangements for their return or support. Such actions could be viewed as abandonment or create potential liability for the employer. Employees are entitled to fair treatment and proper termination processes, regardless of their location. Legal recourse may be available for affected employees, depending on the circumstances.
Vicarious liability is imposed when one party is held responsible for the actions of another party, typically an employer for the actions of an employee. This is usually based on the legal relationship between the two parties and the principle that the employer benefits from the actions of the employee.