Legal Glossary
This Legal Glossary defines legal and other terms appearing in the content
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A B C D E F G H I J K L M N O P Q R S T U
V W X Y Z
- A -
Act
The documented result of a formal process by congress or state legislatures,
designed to establish a new statute or
change (amend) an old one. Each of the Federal discrimination
acts is an example. Compare to Bill.
Actionable
A basis for legal action, such as a filing a lawsuit in court or a charge
with an enforcing government agency;
for example, an employer's violation of a labor
law is actionable.
Adjudicate
To resolve judicially, such as
through a court judge.
Administrative
Law Judge
A presumably impartial official who presides over administrative-law proceedings with
the authority to make decisions that are legally binding, similar to a
civil court judge. (Administrative law regulates government
agencies.) For example, if a state
unemployment office denies your claim for unemployment
benefits, you likely have the right to appeal the denial in a hearing
before an administrative law judge. (However, you might first have to exhaust
other avenues of appeal provided by the unemployment office.) Called an administrative
judge for short. Abbreviation is ALJ.
Arbitrator
A presumably neutral third party who helps to resolve disputes between
employers and employees, employers and unions or employees and unions during arbitration,
and whose final decisions are legally binding. Compare to Mediator.
Allege
To accuse before proving with evidence. Allegation is the noun
for this verb.
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- B -
Bargaining Unit
A group of employees who share a unionized workplace, perform like job
duties, and likely share similar interests when it comes to pay, hours and
other working conditions. A bargaining unit typically works under a collective
bargaining agreement. A bargaining unit might include nonunion employees
who are entitled to many of the same union rights as
union employees under the agreement, such as taking work
breaks.
Bill
A written proposal or draft submitted to a legislative body
(e.g., U.S. Senate or House of Representatives) for consideration as a
new or amended Act.
Bona Fide
Sincerely offered in good faith, absent of fraud or deceit.
Breach
Violation of a law, principle, standard or obligation. For example, ignoring
a contractual obligation might be breach of contract. See also Collective
Bargaining Agreement, Explicit
Contract and Implied
Contract.
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- C -
Class Action
A legal action, such as a lawsuit, initiated by one or more individuals
on behalf of themselves and other individuals with like interests (the
"class"). After a judge grants class-action status to a lawsuit,
members of the class will be notified and will have the option to join
the lawsuit or decline. Lawyers typically
take class-action lawsuits on a contingency basis.
Clause
A distinct section, condition or requirement stipulated in a legal document,
such as an employment agreement or contract.
See also Collective
Bargaining Agreement and Explicit
Contract.
Code
A collection of statutes or rules
and regulations that enforce
statutes, or all three combined.
Coerce
To force or compel to perform an act or make a choice by threat. Compare
to Duress.
Collective
Bargaining Agreement
An explicit contract that
establishes the terms and conditions of employment, negotiated by union representatives
and employers who employ members of the same union. After negotiations,
union members typically have the opportunity to accept or decline new collective
bargaining agreements through a voting process. Collective bargaining agreements
may expand the minimum provisions or make up for their absence in Federal
and state, labor and employment laws. For
example, if state employment laws do
not require employers to give employee rest
or meal breaks, then collective bargaining agreements may do so. Compare
to Implied Contract.
Common Law
Also called case law or caselaw, it's a body of law based
on the outcome of court cases. Consequently, alleged violations
of common law typically must go through the courts for resolution. Compare
to Doctrine, Public
Policy and Precedent.
Compensatory
Payment in some form as compensation, such as for damages suffered or time
worked.
Contingency
When attorneys take cases on contingency,
they collect fees after they win the cases or settle them out of court.
Typically, attorneys charge contingency fees at rates ranging from 25 to
40 percent of the awards they win for their clients. (However, attorney
fees might be limited to lower dollar amounts for certain cases, by state
laws.) Alternately, they might simply wait to collect their due, until
the courts or government agencies award reimbursement of legal fees. Attorneys
who lose cases while working on contingency typically charge nothing or
relatively small fees, such as only for expenses incurred.
Covenant of Good Faith
and Fair Dealing
An implied agreement that it's the duty of employers to treat employees
honestly, fairly and ethically, especially dedicated, long-term employees.
Examples of an employer's breach of
this covenant include firing employees to avoid granting them earned rewards,
fabricating reasons to fire or layoff employees,
and coercing employees to quit.
(See also Constructive Discharge.)
Only a few states recognize breach of
this covenant as an exception to the Doctrine
of Employment at Will. Compare to Implied
Contract.
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- D -
Decree
An order issued by a government or court. Such an order typically has legal
force.
Doctrine
A legal principle or concept that is established through past decisions
(e.g., court cases) and widely upheld. Compare to Common
Law and Precedent.
Duress
When an otherwise-reasonable person does something against his or her will
or good judgment, such as entering into an agreement, because he or she
was compelled to do so by unlawful force, threat or pressure. Often a
valid defense for breach of contract.
Compare to Coerce.
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- E -
Equal Employment Opportunity
Often abbreviated as EEO, it means that job candidates and employees
are to be treated equally in employment matters, regardless of age,
creed, disability, national
origin, race, color, religion, genetics or sex.
Equal employment opportunity is enforced by discrimination
laws. In turn, they are are sometimes referred to as equal employment
opportunity laws or EEO laws for short.
Explicit
Contract
A contract that clearly states its meaning
and intent in writing. Explicit employment contracts may expand the minimum
provisions or make up for their absence in Federal and state, labor
and employment laws. For example, an explicit employment contract may
include a clause that entitles an
employee to receive more than the required Federal or state minimum
wage or overtime pay. Contracts are
also called agreements. Compare to Implied
Contract.
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- F -
Faragher-Ellerth Defense
Also referred to as the Faragher-Ellerth affirmative defense,
it's a defense strategy derived from two 1998 Supreme Court cases decided
under Title VII of the Civil Rights Act
of 1964. It means that an employer may avoid liability under
federal law, if the employer can prove that it had reasonably implemented
harassment prevention and remedy measures, but the complaining employee
didn't just as reasonably take advantage of the measures before initiating
legal action. This defense generally doesn't hold water if the harassment
culminated in an adverse employment action against the complaining employee,
such as a retaliatory demotion or discharge.
Final Rule
A regulation issued by an administrative government
agency, that amends one or more existing regulations (such as those
in the Code of Federal Regulations).
Before becoming a final rule, it might be available for public review and
comment as a proposed rule; meanwhile, it might temporarily
become an interim rule if there is a legally-justifiable
reason to begin enforcing it right away. Compare to Code and Order.
First Amendment
to the U.S. Constitution
Guarantees freedom of speech, freedom of religion, freedom of the press
and freedom of assembly. However, to avoid consequences, exercising these
rights typically may not significantly interfere with your employment relationship
or job performance. Also referred to as Amendment
I. The first 10 Amendments to the Constitution are collectively
referred to as the Bill
of Rights.
Fourth Amendment
to the U.S. Constitution
Guarantees the right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures. In other
words, it prohibits searches and seizures of a person or his or her belongings,
without first showing probable cause (strong suspicion that a crime was
committed) and obtaining an explicit warrant granting permission to conduct
a search or seizure. Also referred to as Amendment
IV. The first 10 Amendments to the Constitution are collectively
referred to as the Bill
of Rights.
Fourteenth
Amendment to the U.S. Constitution
Consists of five sections. In brief, it grants U.S. citizenship to those
who are eligible and guarantees equal protection to all U.S. citizens under
the law. Prohibits all states from passing and enforcing laws that deprive
Americans of their rights and immunities granted by U.S. citizenship. Also
prohibits all states from passing or enforcing laws that deprive U.S. citizens
of life, liberty or property, without due process of law (following legal
rules and procedures). Also referred to as Amendment
XIV.
Fraud
Intentionally twisting the truth or knowingly concealing facts. Employers
might be guilty of fraud, for example, if they lie about the advantages
or disadvantages of the jobs they're offering or as guise to illegally
discharge employees. Fraud typically falls under tort or
criminal law.
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- G -
Good Cause
A specific, legally-justifiable or legitimate business reason. Also referred
to as just cause, reasonable cause or simply cause. Laying
off employees to relieve financial distress and firing employees
for gross misconduct are each examples of good cause for employers to
discharge employees, under the Doctrine
of Employment at Will. Serious, job-related problems might be good
cause for employees to quit, such as to
still be eligible to collect state
unemployment benefits, especially if the employees sincerely tried
to resolve the problems before quitting.
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- I -
Implied Contract
Short for implied-in-fact contract, it's an agreement that is
not explicitly in writing, but presumably intended by all parties involved.
A manager's oral promise, a statement in an employee manual, a company
policy, a chain of positive employee merit reviews, and a company's historical
actions are each examples of what might constitute an implied contract
between an employer and employee. Often, what constitutes an implied contract
infers a "promise"
of continued or permanent employment. Several states recognize breach of
implied contract as an exception to the Doctrine
of Employment at Will. However, employers might require new-hires to
sign agreements, in which they acknowledge
that documents, such as policy manuals, do not constitute contracts. If
so, implied contracts based on documents might be null
and void. Compare to Explicit
Contract.
Injunction
A written court order (writ) requiring one or more individuals or organizations
to engage in or cease engaging in the act specified.
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- J -
Judicial
Associated with a judgment, or the act of judging or administrating justice,
such as in court. Also the name of a branch of government that administrates
justice, such as Federal Judicial Branch. Compare to Adjudicate.
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- L -
Legalese
The specialized language spoken, written and understood among those who
work in the legal profession, such as judges, government-office legal
personnel and attorneys.
Legality
The quality or state of being legal, observance of law, adherence to law,
an obligation under law, or a matter directly related to law. Plural
is legalities.
Legislate
To create legislation (such as laws, ordinances and regulations)
as does a legislative branch of government, also referred to as
a legislature.
Liable
Legally responsible to another or the general public and enforceable through
civil or criminal legal action (e.g., private lawsuit or criminal court
case). Liability is the state or degree of being liable.
Litigate
To dispute through a judicial process,
such as a lawsuit in court or a hearing before an administrative
law judge.
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- M -
Malicious
Intent to cause harm without justification and regard for legal rights.
Mediator
A presumably neutral third party who helps to resolve disputes between
employers and employees, employers and unions or employees and unions during mediation.
A mediator typically does not issue a final decision, but rather facilitates
negotiations among the opposing parties. Agreements reached among the
parties are typically not legally binding, but rather depend on honesty
and integrity to uphold them. Compare to Arbitrator.
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- N -
Nepotism
Favoring friends or relatives when making employment decisions, with little
to no regard for anything but the relationships. Nepotism is not specifically
outlawed under Federal employment discrimination
laws, but still might constitute discrimination. See Nepotism
in the Workplace for more information.
Null and Void
Not legally binding or enforceable. For example, a court might declare
an explicit contract null
and void despite that all signing parties initially agreed to it, if
any of its clauses weren't legally-valid
in the first place or it was signed under duress.
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- O -
Order
A written command or instruction issued by a judge, court or administrative government
agency, that has legal force. Such an order issued by the President
of the United States is referred to as an executive order or presidential
executive order. Orders often amend or become regulations.
Compare to Code and Final
Rule.
Ordinance
A law, regulation or decree,
especially at the municipal (town, city or county) level.
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- P -
Pay in Lieu
of Notice
Also called in-lieu-of-notice pay, it means pay instead of notice.
Employers might be required by employment or labor
laws, explicit contracts, collective
bargaining agreements, or their own policies or plans, to give advance
notice of employment terminations such
as layoffs. If employers fail to give such notice,
they might be required to compensate affected employees in the form of
back pay or pay in lieu of notice. For example, the Worker
Adjustment and Retraining Notification Act (WARN) is a Federal law
that requires certain employers to give advanced notice of layoffs to affected
employees. However, WARN does not recognize the concept of pay in lieu
of notice, because it offers employers an alternative to giving the required
notice. Still, an employer who issues adequate pay in lieu of notice will
avoid the penalty under WARN for failing to give the required notice. It's
a loophole to the advantage of employers.
Private Sector
A part of society, industry or the economy that is not under direct governmental
control. For example, private-sector employers are businesses
that are privately owned by individuals, partners or stock holders, while private-sector employees
work for such businesses. Compare to Public
Sector.
Proceeding
Legal action, such as a court trial by jury or a hearing by a government
agency.
Public Policy
Principles, values and standards that courts and legislatures consider
to be in the best interest of an individual, and the general public as
well. May be expressed or implied and varies among jurisdictions. Several states recognize
violation of public policy as an exception to the Doctrine
of Employment at Will. Alleged violations
of public policy typically must go through the courts for resolution.
Public Sector
A part of society, industry or the economy that is under direct Federal,
state or local governmental control. For example, public-sector employers
are government agencies and other
organizations that represent the general public under governmental control,
while public-sector employees work for such organizations. Compare
to Private Sector.
Precedent
A benchmark court-case or government-agency decision that provides the
legal basis for deciding similar matters in the future. Compare to Common
Law and Doctrine.
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- Q -
Qui Tam
Short for qui tam action, it means that U.S. citizens may take
legal action on behalf of their government, such as filing lawsuits. For
example, a whistleblower who works for
a company that provides services to the Federal Government under contract,
may sue the company in court under the False
Claims Act for defrauding the Federal Government. Better yet, the whistleblower
will receive a fair share of the monetary damages awarded to the Federal
Government, while being protected from employer retaliation.
Some states have passed False Claims Act equivalents, to deter and punish
for fraud against state governments.
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- R -
Regulation
A rule or order that has legal force,
issued by an administrative government
agency. Governments issue regulations as the means to enforce specific
laws. Compare to Code and Final
Rule.
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- S -
Statute
A law enacted by a legislative branch
of government, typically through a formal act. Overtime
law enacted through the Fair Labor
Standards Act is an example. Compare to Code.
Statute
of Limitations
A municipal, state or Federal law that imposes a time limit for suing in
court, filing a charge with a government
agency or taking other legal action, typically starting on the date
an alleged wrongdoing first occurred.
Among the intentions is to help ensure defendants' rights to speedy trials
and other proceedings, while
preserving the "freshness" of evidence. Time limits vary, depending
under which law one takes legal action; but, they can be relatively short.
For example, an employee typically has only 180 days to file a charge of employment
discrimination with the EEOC under a Federal
discrimination law, 300 days if the charge also falls under a state or
local discrimination law.
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- T -
Tort Law
A branch of law that deals with civil wrongdoings (torts) for which harmed
persons may obtain relief, such as collecting monetary damages through
lawsuits. Also referred to as personal injury law or injury
and tort law.
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- V -
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- W -
Waive
To voluntarily relinquish (give up) or refrain from enforcing, such as
a legal right.
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