Employment Law

Southern Methodist University

Dispute Resolution

HDDR 6341 sec.775

Fall 2009

 

Instructor: Diane Wetherbee

Contact: Wetherbee@smu.edu

Telephone: 972.377.2322

 

Required Text: Employment Law for the Human Resource Practice 3d Edition

Publisher: South-Western Cengage Learning

Author: David Walsh

ISBN-13: 978-0-324-59485-0; ISBN-10:0-324-59485-2

 

Course Description

 

From hiring to firing and everything in between, the goal for this class is to acquaint you with the common issues that arise in employment and applicable law to those issues.  Acquiring the skills to identify these issues and knowledge of the law may enable you to avoid claims and/or resolve disputes at early stages in order to avoid costly and disruptive litigation. Below is a sample of the topics that will be covered:

Distinguishing the “at will” from “for cause “employee; employee from independent contractor

Hiring pitfalls from advertising through the interview and final offer

Discrimination claims-intentional and disparate impact

American Disability Act Amended, Family Medical Leave, and worker compensation-obligations for the employer and understanding the interplay of these laws

Fair Labor Standards Act requirements, Equal Pay Act and common claims regarding compensation

Pension and Benefit Disputes

Performance reviews and documentation

 

Initial Assignments and tentative schedule

This schedule may be supplemented during the course and/or modified, as the instructor deems necessary. Students should have read the materials by the date assigned for each class.

August 12

            Chapters 1-3

August 19

            Continue discrimination analysis through instruction, class discussion and case/scenario evaluation

Chapters 4 -6 Discussion of laws that affect advertisements and interviews; critique of job advertisements and interview questions in class

August 26

            Continue discussion of prior assignments, read

Chapter 7

September 2

            Chapters 8 & 9; case study to mediate

September 9

Sample test question; Chapters 10 & 11

September 16

            Chapters 12 & 13

September 23

            Chapters 14 & 15

September 30

            Chapters 16 & 17

October 7 

Chapters 18 & 19; exam review

 

October 14

Final exam

 

Grading

Exam = 70%

Class assignments = 30%

 

 

Miscellaneous

Students should advise instructor of any scheduled absences. Students are always responsible for the materials covered in class and any assignments.  If a student misses more than 2 classes, he/she must schedule a time to meet with instructor prior to the next class.

Adherence to the SMU honor code governs this course. A failure to abide by the Code will result in automatic failure.

Withdrawals from class must comply with SMU rules.

Class will begin promptly at 6 pm and end approximately at 10 pm. Breaks will be provided.

Cell phone use, texting, checking or sending email is not acceptable other than at break time. Please have cell phones turned on vibrate or off while class is in session.

 

Grading Scale

 

94-100  =   A    Exceptional

90 – 93 =  A-    Excellent

87 – 89 =  B+   Outstanding

84 – 86 =  B     Good

80 – 83 =  B –  Adequate 

77 – 79 = C+    Not sufficient

 

Student Responsibilities: Be prepared, attend class and engage in class discussions and activities.  Turn in all assignments on time.

Class Decorum: Be respectful.  Be punctual, as class will begin on time.  Breaks will be given; students must return promptly.  Attendance is mandatory; roll will be taken.  Beepers and cell phones must be turned off during class.  Be prepared to participate.  Conflict Management/Dispute Resolution and Counseling are interactive professions.  Professional respect and courtesy are expected at all times.  Do not engage in side-discussions during class as this distracts the instructor and fellow students.

 

INSTITUTIONAL POLICIES

 

HONOR CODE

Students are reminded of the SMU Honor Code as referenced in the Student Hand Book. Intellectual integrity and academic honesty are both the foundation and the goals of this program. Please reference and review the university policies on the responsibilities, policies, and penalties regarding academic honesty. http://www.smu.edu/studentlife/PCL_05_HC.asp

 

NOTIFICATION OF ABSENCE DUE TO RELIGIOUS HOLY DAY(S)

Students who will be absent from class for the observance of a religious holiday must notify the instructor in advance.  Please refer to the Student Obligations section of the university catalog for more explanation.  You are required to complete any assignments or take any examinations missed as a result of the absence within the time frame specified by your instructor.

 

 

DISABILITIES ACCOMIDATIONS

Students needing academic accommodations for a disability must contact Ms. Rebecca Marin, Coordinator of Services for Students with Disabilities (214-768-4557) to verify the disability and establish eligibility for accommodations. They should then schedule an appointment with the professor to make appropriate arrangements.

 

ADD /DROP  POLICY

If you are unable to complete this course, you must officially withdraw by Friday, August 15, 2008. Last day to Add/Drop regular courses without a grade record or Billing. Withdrawing is a formal procedure which you must initiate; your instructor cannot do it for you. 

 

FINANCIAL AID STATEMENT

Students who are receiving any form of financial aid should check with the Financial Aid Office prior to withdrawing from classes.  Withdrawals may affect your eligibility to receive further aid and could cause you to be in a position of repayment for the current semester.  Students who fail to attend or participate are also subject to this policy.

 

To apply for financial aid at SMU, students must complete FAFSA (Free Application for Federal Student Aid) on the web at http://www.fafsa.ed.gov .

 

Statement on Confidentiality and Emotional Safety:

In order to provide a safe learning environment for students in the class and to protect the confidentiality of practice clients and class members, students will discuss case material and other’ personal information, reactions etc. only while in class or privately with other current class members It is the responsibility of each class member to treat classmates with respect and integrity, thus providing emotional safety for each other during class activities. Failure to do so can result in termination from the department.

 

SMU Policy

Refer to the www.smu.edu or the Dispute Resolution and Conflict Management Program office in Suite 3-118 for questions or information regarding SMU policies and procedures.

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SMU Fall 2009 Emergency Preparedness Syllabus Insert:

As part of the federal government response to the H1N1 (Swine Flu) virus, the Department of Health and Human Services issued a nationwide public health emergency preparedness declaration on April 26th, 2009.  The declaration was renewed on July 23, 2009 and is currently in force. For the semester ahead, there is concern that the level and intensity of flu cases could increase substantially.

 

1)  For updates on the campus-wide status of flu conditions at SMU, please visit http://www.smu.edu.

 

2)  If flu conditions require cancellation of a class session or other changes for this course, an email will be sent to all class members.

 

3)  In the event of a major campus emergency at SMU, course requirements, deadlines and grading percentages are subject to changes that may be necessitated by a revised semester calendar or other circumstances beyond the instructor’s control.