Multiple Challenges Interpreting Labor and Employment Laws

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There are multiple challenges interpreting labor and employment laws as well the court cases and decisions that are applicable to them. One challenge is if an illegal alien was unlawfully terminated, does an employer by law have to bring them back? Another challenge is, does a Charter school that was first created by a public school meet the definition of “an employee” under LMRA Section 2 (2). Both of these situations have challenges with what is dealt with in employment law, labor law, and court decisions. In the first situation the challenge is whether the employer should follow the contract that was agreed upon with the National Labor Relations Board or not. One point of view is that the employer should follow the contract that was agreed upon. The agreement stated that the employer was going to reinstate and pay a certain amount of back pay to each illegally discharged person. By law once a contract is made and agreed upon, both parties are liable for following through with their part of the contract. Secondly, if the employer does follow through on his part of the agreement he can be charged with breach of contract. By the employer hiring illegal aliens to work for him, he is breaking the Immigration and Reform Act of 1986 law. The Immigration and Reform Act of 1986 was create because “employers who knowingly hire undocumented workers” (Immigration). The U.S. doesn’t allow undocumented workers to work because they take away jobs that U.S. Citizens or people with visas could be filling. People with visa’s and U.S. Citizens pay taxes on what they earn, which helps the economy. People who are not authorized to be in the country are not paying taxes on their earnings, which hurts the economy. Lastly, the employees that were let go were engaging in lawful union organizing activities. Even though they were engaging in legal activities, they can’t be reinstated or

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