D352 Section 1 Study Guide UPDATED ACTUAL Questions
and CORRECT Answers
Describe the difference between mediation and
arbitration.
List and describe exceptions to employment at will. Exceptions to employment at will include:
*Public Policy Exception
*Implied Contract Exception
*Implied Covenant of Good Faith and Fair Dealing
**in addition to a collective bargaining agreement and the Model Employment
Termination Act.
Four examples of Public Policy 1) Refusing to break the law
2) Exercising a legal right
3) Fulfilling a statutory duty
4) Whistleblowing.
Model Employment Termination Act (META) an employer may not terminate employment of an employee without good cause.
Expressed Contracts stated in distinct and clear language, either orally or in writing
Implied Contracts Contracts in which some terms are not specifically stated, but are understood by
the parties based on the nature of the transaction *BEHAVIOR BASED*
Libel written defamation
Slander spoken defamation
Defamation Act of harming or ruining another's reputation
List the elements necessary for establishing a prima facie 1. Extreme and outrageous conduct by a defendant.
case of intentional infliction of emotional distress. 2. The defendants' intention of causing, or reckless disregard of the likelihood of
causing, emotional distress
3. The plaintiff's suffering of severe emotional distress (and as a direct result of the
defendant's extreme and outrageous conduct.
How could qualified privilege provide a defense for Qualified privilege must have the absence of malice for defense, ie- when one
defamation? person communicates with another who has the legitimate need to know the
information (such as an employee telling a supervisor of another employee's
performance, as long as what the employee is saying is in "good faith."
Qualified Privilege employers who give references are liable only for false statements that they know
to be false or that are primarily motivated by ill will
, Tortious interference with a contract Conduct by one party that results in another's breaching her contract with a third
party.
What are the main elements of tortious interference with A cause of action aimed at a third party who allegedly caused the plaintiff to be
contract? fired or interferes with his/her ability to get a job.
The third party must interfere for an improper reason, ie-animosity toward plaintiff,
and not for a valid business reason in order to beheld responsible for this tort
tort a wrongful act or an infringement of a right (other than under contract) leading to
civil legal liability.
workplace tort a civil wrong in which an employer violates a duty owed to its customers or
employees
Retaliatory Demotion Reduction in rank, salary, or job title as a punishment
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
wrongful discharge An employer's termination of an employee's employment in violation of the law or
an employment contract.
Theft of Trade Secrets The intentional taking, copying, or using another's trade secrets with the
knowledge the owner of the trade secret will be injured by such action
How can a company try to protect itself from a theft of Employers whose employees misappropriate trade secrets for their own use or
trade secrets? for the benefit of a new employer are entitled to obtain an injunction (court order)
to stop the illegal behavior.
The common law of most stated imposes and obligation upon employees to
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
Common Law Privacy the tradition, precedent, and custom among states to set up laws protecting
privacy.
Four elements of Common Law Privacy 1. Appropriating the plaintiff's identity for the defendant's benefit
2. Placing the plaintiff in a false light in the public eye
3. Publicly disclosing private facts about the plaintiff
4. Unreasonable intruding upon the seclusion or solitude of the plaintiff
What protects public employees' right to privacy? The 4th amendment and the 14th amendment's "Due Process" clause
What protects private employees' right to privacy? Nothing unless the employer has a policy.
eavesdropping to listen secretly to a private conversation
How do employers often try to defend their actions of -To ensure quality of customer service
eavesdropping or surveillance? -prevent inventory and intellectual property theft
-to discourage wasting time on internet abuses
-essentially, to ensure employees are being productive
and CORRECT Answers
Describe the difference between mediation and
arbitration.
List and describe exceptions to employment at will. Exceptions to employment at will include:
*Public Policy Exception
*Implied Contract Exception
*Implied Covenant of Good Faith and Fair Dealing
**in addition to a collective bargaining agreement and the Model Employment
Termination Act.
Four examples of Public Policy 1) Refusing to break the law
2) Exercising a legal right
3) Fulfilling a statutory duty
4) Whistleblowing.
Model Employment Termination Act (META) an employer may not terminate employment of an employee without good cause.
Expressed Contracts stated in distinct and clear language, either orally or in writing
Implied Contracts Contracts in which some terms are not specifically stated, but are understood by
the parties based on the nature of the transaction *BEHAVIOR BASED*
Libel written defamation
Slander spoken defamation
Defamation Act of harming or ruining another's reputation
List the elements necessary for establishing a prima facie 1. Extreme and outrageous conduct by a defendant.
case of intentional infliction of emotional distress. 2. The defendants' intention of causing, or reckless disregard of the likelihood of
causing, emotional distress
3. The plaintiff's suffering of severe emotional distress (and as a direct result of the
defendant's extreme and outrageous conduct.
How could qualified privilege provide a defense for Qualified privilege must have the absence of malice for defense, ie- when one
defamation? person communicates with another who has the legitimate need to know the
information (such as an employee telling a supervisor of another employee's
performance, as long as what the employee is saying is in "good faith."
Qualified Privilege employers who give references are liable only for false statements that they know
to be false or that are primarily motivated by ill will
, Tortious interference with a contract Conduct by one party that results in another's breaching her contract with a third
party.
What are the main elements of tortious interference with A cause of action aimed at a third party who allegedly caused the plaintiff to be
contract? fired or interferes with his/her ability to get a job.
The third party must interfere for an improper reason, ie-animosity toward plaintiff,
and not for a valid business reason in order to beheld responsible for this tort
tort a wrongful act or an infringement of a right (other than under contract) leading to
civil legal liability.
workplace tort a civil wrong in which an employer violates a duty owed to its customers or
employees
Retaliatory Demotion Reduction in rank, salary, or job title as a punishment
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
wrongful discharge An employer's termination of an employee's employment in violation of the law or
an employment contract.
Theft of Trade Secrets The intentional taking, copying, or using another's trade secrets with the
knowledge the owner of the trade secret will be injured by such action
How can a company try to protect itself from a theft of Employers whose employees misappropriate trade secrets for their own use or
trade secrets? for the benefit of a new employer are entitled to obtain an injunction (court order)
to stop the illegal behavior.
The common law of most stated imposes and obligation upon employees to
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
Common Law Privacy the tradition, precedent, and custom among states to set up laws protecting
privacy.
Four elements of Common Law Privacy 1. Appropriating the plaintiff's identity for the defendant's benefit
2. Placing the plaintiff in a false light in the public eye
3. Publicly disclosing private facts about the plaintiff
4. Unreasonable intruding upon the seclusion or solitude of the plaintiff
What protects public employees' right to privacy? The 4th amendment and the 14th amendment's "Due Process" clause
What protects private employees' right to privacy? Nothing unless the employer has a policy.
eavesdropping to listen secretly to a private conversation
How do employers often try to defend their actions of -To ensure quality of customer service
eavesdropping or surveillance? -prevent inventory and intellectual property theft
-to discourage wasting time on internet abuses
-essentially, to ensure employees are being productive
