News anchors working for the Sinclair Broadcast Group made news for different reasons. The section of workers who work in some of the 193 local TV channels were protesting the nature of their employment contracts. They were required to pay their employers a one off fee if they left employment before their contact has elapsed. This was fronted as a one off fee that was required before they could be released from their employer. The fee was presented as liquidated damages. Additionally, the article stated that the employees were also under the obligation of a non compete clause. The anchors argue that the conditions imposed by their employer are a breach of democracy. They over protect the employer but limit the rights of the employee beyond what is morally right. The article mentioned other employers who imposed clauses that curtailled the rights of their workers. They included workers signing contracts they couldn't read, workers being prevented from applying for unemployment benefits among others. The article calls on the government to use state laws to protect the employer from the rogue employer (Gerstein, 2018).
This article raises several issues that could apply to the module. The first can be found in chapter 11 which deals with employment relationships and labour laws. The situation described by the news anchors working for Sinclair Broadcast Group falls under an express contract. Before commencing their employment, the workers at this corporation signed an employment contract. The contract outlined the duration of employment, the expected renumeration, terms of engagement and an exit clause. The exit clause is the issue that the anchors have issue with. Unfortunately, the signing of the contract bound them to this condition. This express contract over rides any principle that applies to employment at will. Despite the fact that there are certain conditions that govern termination, the anchors have limited options. For example, it is unfair to have to pay an employee for terminating a contract. Common law would dictate that the employer withholds the rest of the compensation for the period where work was not done. However, express contract stand against common law.
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The termination conditions at Sinclair Broadcast Group can also be considered in terms of discrimination. The issue is covered in chapter 12. Employment discrimination is adressed in respect to the Civil Rights Act of 1964. Title 8 contains the statutes that were used to develop local governmment and state laws. The anchors can describe their termination conditions as a form of discrimination. However, they would need to do this before they sign the employment contract. This is because signing is a way of saying that they agree to the terms and conditions. Anchors can also argue that the conditions attached to voluntary termination of their contract amounts to unfair disciplinary action. This is because the fine imposed does not meet the standards of law. For example, the non compete law goes above and beyond the time frame geographical scope that is allowed by state law.
Lastly, the news anchors can approach the issue in terms of employment agencies. This is covered in chapter 10. The anchors can describe their relationship with Sinclair as that of an employee agent. Sinclair hires them on behalf of the local channels that they work for. The corporation is authorized to transact business on behalf of the employer. The anchors can go after the local TV channels because they feel aggrieved by the acts of the employment agencies. They can use support from other channels to file their case. This can fall under the Characteristics Test which highlights the conditions of termination that other anchors enter into. Demonstrating that their situation situation is unique will be a suitable ground to initiate proceedings that will lead to termination of contract.
References
Gerstein T. (2018). These Americans are trapped in their jobs: they need to pay $10,000 to quit. The Guardian. Retrieved from https://www.theguardian.com/commentisfree/2018/apr/08/sinclair-broadcast-anchors-us-labor-contracts
