D352 Section 1 Study Guide
Study online at https://quizlet.com/_dwr39v
1. Describe the dif-
ference between
mediation and
arbitration.
2. List and describe Exceptions to employment at will include:
exceptions to em- *Public Policy Exception
ployment at will. *Implied Contract Exception
*Implied Covenant of Good Faith and Fair Dealing
**in addition to a collective bargaining agreement and the Model Employment
Termination Act.
3. Four examples of 1) Refusing to break the law
Public Policy 2) Exercising a legal right
3) Fulfilling a statutory duty
4) Whistleblowing.
4. Model Employ- an employer may not terminate employment of an employee without good cause.
ment Termina-
tion Act (META)
5. Expressed Con- stated in distinct and clear language, either orally or in writing
tracts
6. Implied Con- Contracts in which some terms are not specifically stated, but are understood by
tracts the parties based on the nature of the transaction **BEHAVIOR BASED**
7. Libel written defamation
8. Slander spoken defamation
9. Defamation Act of harming or ruining another's reputation
10.
, D352 Section 1 Study Guide
Study online at https://quizlet.com/_dwr39v
List the elements 1. Extreme and outrageous conduct by a defendant.
necessary for es- 2. The defendants' intention of causing, or reckless disregard of the likelihood of
tablishing a pri- causing, emotional distress
ma facie case of 3. The plaintiff's suffering of severe emotional distress (and as a direct result of the
intentional inflic- defendant's extreme and outrageous conduct.
tion of emotional
distress.
11. How could quali- Qualified privilege must have the absence of malice for defense, ie- when one
fied privilege pro- person communicates with another who has the legitimate need to know the
vide a defense for information (such as an employee telling a supervisor of another employee's
defamation? performance, as long as what the employee is saying is in "good faith."
12. Qualified Privi- employers who give references are liable only for false statements that they know
lege to be false or that are primarily motivated by ill will
13. Tortious interfer- Conduct by one party that results in another's breaching her contract with a third
ence with a con- party.
tract
14. What are the A cause of action aimed at a third party who allegedly caused the plaintiff to be
main elements of fired or interferes with his/her ability to get a job.
tortious interfer- The third party must interfere for an improper reason, ie-animosity toward plaintiff,
ence with con- and not for a valid business reason in order to beheld responsible for this tort
tract?
15. tort a wrongful act or an infringement of a right (other than under contract) leading to
civil legal liability.
16. workplace tort a civil wrong in which an employer violates a duty owed to its customers or
employees
17.
, D352 Section 1 Study Guide
Study online at https://quizlet.com/_dwr39v
Retaliatory De- Reduction in rank, salary, or job title as a punishment
motion The elements of the tort are much the same as with a wrongful discharge
If firing the employee would be illegal under the circumstances, the chances are
good that a demotion is equally illegitimate in the eyes of the courts
18. wrongful dis- An employer's termination of an employee's employment in violation of the law or
charge an employment contract.
19. Theft of Trade Se- The intentional taking, copying, or using another's trade secrets with the knowl-
crets edge the owner of the trade secret will be injured by such action
20. How can a com- Employers whose employees misappropriate trade secrets for their own use or for
pany try to pro- the benefit of a new employer are entitled to obtain an injunction (court order) to
tect itself from a stop the illegal behavior.
theft of trade se- The common law of most stated imposes and obligation upon employees to
crets? respect and protect the trade secrets of their employers:
*confidentiality and noncompetition agreements are often required by employers
at the time of hire to bolster their common law protections
21. Common Law Pri- the tradition, precedent, and custom among states to set up laws protecting
vacy privacy.
22. Four elements of 1.Appropriating the plaintiff's identity for the defendant's benefit
Common Law Pri- 2. Placing the plaintiff in a false light in the public eye
vacy 3. Publicly disclosing private facts about the plaintiff
4. Unreasonable intruding upon the seclusion or solitude of the plaintiff
23. What protects The 4th amendment and the 14th amendment's "Due Process" clause
public employ-
ees' right to pri-
vacy?
24. Nothing unless the employer has a policy.
Study online at https://quizlet.com/_dwr39v
1. Describe the dif-
ference between
mediation and
arbitration.
2. List and describe Exceptions to employment at will include:
exceptions to em- *Public Policy Exception
ployment at will. *Implied Contract Exception
*Implied Covenant of Good Faith and Fair Dealing
**in addition to a collective bargaining agreement and the Model Employment
Termination Act.
3. Four examples of 1) Refusing to break the law
Public Policy 2) Exercising a legal right
3) Fulfilling a statutory duty
4) Whistleblowing.
4. Model Employ- an employer may not terminate employment of an employee without good cause.
ment Termina-
tion Act (META)
5. Expressed Con- stated in distinct and clear language, either orally or in writing
tracts
6. Implied Con- Contracts in which some terms are not specifically stated, but are understood by
tracts the parties based on the nature of the transaction **BEHAVIOR BASED**
7. Libel written defamation
8. Slander spoken defamation
9. Defamation Act of harming or ruining another's reputation
10.
, D352 Section 1 Study Guide
Study online at https://quizlet.com/_dwr39v
List the elements 1. Extreme and outrageous conduct by a defendant.
necessary for es- 2. The defendants' intention of causing, or reckless disregard of the likelihood of
tablishing a pri- causing, emotional distress
ma facie case of 3. The plaintiff's suffering of severe emotional distress (and as a direct result of the
intentional inflic- defendant's extreme and outrageous conduct.
tion of emotional
distress.
11. How could quali- Qualified privilege must have the absence of malice for defense, ie- when one
fied privilege pro- person communicates with another who has the legitimate need to know the
vide a defense for information (such as an employee telling a supervisor of another employee's
defamation? performance, as long as what the employee is saying is in "good faith."
12. Qualified Privi- employers who give references are liable only for false statements that they know
lege to be false or that are primarily motivated by ill will
13. Tortious interfer- Conduct by one party that results in another's breaching her contract with a third
ence with a con- party.
tract
14. What are the A cause of action aimed at a third party who allegedly caused the plaintiff to be
main elements of fired or interferes with his/her ability to get a job.
tortious interfer- The third party must interfere for an improper reason, ie-animosity toward plaintiff,
ence with con- and not for a valid business reason in order to beheld responsible for this tort
tract?
15. tort a wrongful act or an infringement of a right (other than under contract) leading to
civil legal liability.
16. workplace tort a civil wrong in which an employer violates a duty owed to its customers or
employees
17.
, D352 Section 1 Study Guide
Study online at https://quizlet.com/_dwr39v
Retaliatory De- Reduction in rank, salary, or job title as a punishment
motion The elements of the tort are much the same as with a wrongful discharge
If firing the employee would be illegal under the circumstances, the chances are
good that a demotion is equally illegitimate in the eyes of the courts
18. wrongful dis- An employer's termination of an employee's employment in violation of the law or
charge an employment contract.
19. Theft of Trade Se- The intentional taking, copying, or using another's trade secrets with the knowl-
crets edge the owner of the trade secret will be injured by such action
20. How can a com- Employers whose employees misappropriate trade secrets for their own use or for
pany try to pro- the benefit of a new employer are entitled to obtain an injunction (court order) to
tect itself from a stop the illegal behavior.
theft of trade se- The common law of most stated imposes and obligation upon employees to
crets? respect and protect the trade secrets of their employers:
*confidentiality and noncompetition agreements are often required by employers
at the time of hire to bolster their common law protections
21. Common Law Pri- the tradition, precedent, and custom among states to set up laws protecting
vacy privacy.
22. Four elements of 1.Appropriating the plaintiff's identity for the defendant's benefit
Common Law Pri- 2. Placing the plaintiff in a false light in the public eye
vacy 3. Publicly disclosing private facts about the plaintiff
4. Unreasonable intruding upon the seclusion or solitude of the plaintiff
23. What protects The 4th amendment and the 14th amendment's "Due Process" clause
public employ-
ees' right to pri-
vacy?
24. Nothing unless the employer has a policy.
