BLAW 341 Final Exam Part 1:
Employment Law Q&A 100% Pass
What category of worker do "Employment laws" generally cover? -
✔✔employees, NOT independent contractors
Two Tests Used to Determine Employee v. IC Status - ✔✔1) Control Test
(most commonly used; IRS test)
2) Economic Realities Test
*(NOT ON EXAM)*
Phoenix Corporation hired Erika to make whistles. Under the terms of the
agreement, Erika was to be paid a fixed sum without benefits, she was to
craft the whistles in her shop, she could use any suppliers she choose, and
she had 3 months during which to complete the project. If a dispute arises
and a court must determine Erika's employment status, which of the
following is the most likely outcome? - ✔✔will be determined that Erika is
an independent contractor
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,Employment at Will - ✔✔-Traditional doctrine that governs Employment
Contracts
-Either party may terminate an employment relationship ANY TIME FOR
ANY REASON,
absent prior agreement to the contrary
-Doctrine is HARSH, so a number of exceptions apply based on:
*Contract Theory (Express or Implied)
*Tort Theory
*Public Policy
employment at will exceptions based on contract theory - ✔✔-terms =
employee's "reasonable expectations"
employment at will exceptions based on tort theory - ✔✔-Tort action an
employee may file if an employer improperly discharges an employee.
-MOST COMMON action
-In limited situations when employer's discharge is deemed abusive, the
discharge of an employee may also lead to suits for:
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, *Intentional Infliction of Emotional Distress
*Defamation
*Fraud
employment at will exceptions based on public policy - ✔✔-Employee
cannot be fired if termination violates public policy
-How do you know what "public policy" is?
*Statutes (most often)
*Common Law
*Well-known Mandates
-Examples of statutes that include "public policy" that limits the
"employment at will" doctrine:
*Whistleblowing Statutes
*ADA (American's with Disabilities Act)
*FMLA (Family Medical Leave Act)
*OSHA
-Examples of common law "public policy" well-known mandates that limit
the "employment at will" doctrine:
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
Employment Law Q&A 100% Pass
What category of worker do "Employment laws" generally cover? -
✔✔employees, NOT independent contractors
Two Tests Used to Determine Employee v. IC Status - ✔✔1) Control Test
(most commonly used; IRS test)
2) Economic Realities Test
*(NOT ON EXAM)*
Phoenix Corporation hired Erika to make whistles. Under the terms of the
agreement, Erika was to be paid a fixed sum without benefits, she was to
craft the whistles in her shop, she could use any suppliers she choose, and
she had 3 months during which to complete the project. If a dispute arises
and a court must determine Erika's employment status, which of the
following is the most likely outcome? - ✔✔will be determined that Erika is
an independent contractor
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,Employment at Will - ✔✔-Traditional doctrine that governs Employment
Contracts
-Either party may terminate an employment relationship ANY TIME FOR
ANY REASON,
absent prior agreement to the contrary
-Doctrine is HARSH, so a number of exceptions apply based on:
*Contract Theory (Express or Implied)
*Tort Theory
*Public Policy
employment at will exceptions based on contract theory - ✔✔-terms =
employee's "reasonable expectations"
employment at will exceptions based on tort theory - ✔✔-Tort action an
employee may file if an employer improperly discharges an employee.
-MOST COMMON action
-In limited situations when employer's discharge is deemed abusive, the
discharge of an employee may also lead to suits for:
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, *Intentional Infliction of Emotional Distress
*Defamation
*Fraud
employment at will exceptions based on public policy - ✔✔-Employee
cannot be fired if termination violates public policy
-How do you know what "public policy" is?
*Statutes (most often)
*Common Law
*Well-known Mandates
-Examples of statutes that include "public policy" that limits the
"employment at will" doctrine:
*Whistleblowing Statutes
*ADA (American's with Disabilities Act)
*FMLA (Family Medical Leave Act)
*OSHA
-Examples of common law "public policy" well-known mandates that limit
the "employment at will" doctrine:
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
