WGU D352 – Questions With Comprehensive Solutions
Precedent:
-a court ruling that other judges follow in later cases
stare decisis.:
-states that courts should follow precedents and stand by things decided
previously
Judicial Review.:
-The power of the Supreme Court to consider whether a law comports with
the Constitution
Supremacy Clause:
- states that federal regulations have priority over state law
Vicarious liability: ( comes from the respondeat superior doctrine)
-an employer can be liable for the wrongful acts committed by an employee
during their work duties.
Under respondeat superior doctrine - " "let the master answer for the
servant." - an employer is only responsible for the employee action performed
within the scope of employment.
Scope of Employment:
-employee conduct which is reasonably relative to a job description and
foreseeable by the employer as part of that job description.
-employers do not wish to be liable for employee behavior that has no relation
to the goals of the employment relationship
Frolic and Detour:
-an employee leaves the job to go run errands and things like that ( or on way
to a meeting they go shop real quick)
(employer will not be vicariously liable
"Going and Coming Rule":
,-An employer is not liable for an employees action when they are going to and
from work
"Dual Purpose Mission":
-Employee conducts personal and work business at same time
**Employers are only liable for employees actions that fall within their "scope
of employment"
3 Tests to determine if a worker is an employee or independent contractor:
1.The common law agency test
-a worker is an employee if the employer controls the method of work
performed
2.The economic realities test
-a worker is an employee if they are substantially economically dependent on
the employer
3.The IRS 20-factor analysis
-list of factors determining if your employee or contractor
*Independent contractors are not subjected to wage, discrimination, and
liability laws
Integrated enterprise:
-the operations of two or more employers are considered so intertwined that
they can be considered a single employer
Joint employer:
-two entities that exert control over an employee and their operations don't
combine
Covered Employement Agency:
-an agency that is subject to anti-discrimination laws
employment-at-will doctrine:
- an employer may fire an employee at any time, for any legal reason, without
incurring liability.
, -employer may change, at any time and without notice, the terms of wages,
benefits, or time off, leaving employees vulnerable and insecure.
*Exceptions to the employment - at - will doctrine:
1.Public policy exception
2.Implied contract exception
3.Implied covenant of good faith exception
Public Policy Exception:
-an employer can't terminate an employee for reasons violating public
policy......such as refusing to break the law, exercising a legal right, fulfilling a
statutory duty, or engaging in whistleblowing
Implied Contract Exception:
-a legally binding agreement created by actions of the employee and
employer.... such as handbooks and verbal communication ( there is no formal
documentation)
-Statute of Frauds requires that a contract which cannot be performed within
a year of its creation must be in writing.
Implied covenant of good faith:
-The employer and employee agree to deal with eachother in good faith and
fairness..... so they "promise" to do right by eachother
Constructive Discharge:
-an employer allows intolerable conditions and the employee feels the only
option is to quit
intentional interference with a contract:
-3rd party pressures employer to fire employee without cause
intentional infliction of emotional distress:
-An employee claim that states the employer fired them in an intentionally
reckless or outrageous manner that caused serious emotional and
psychological damage
Slander:
-a verbl spoken false statement that harms someone's reputation
Precedent:
-a court ruling that other judges follow in later cases
stare decisis.:
-states that courts should follow precedents and stand by things decided
previously
Judicial Review.:
-The power of the Supreme Court to consider whether a law comports with
the Constitution
Supremacy Clause:
- states that federal regulations have priority over state law
Vicarious liability: ( comes from the respondeat superior doctrine)
-an employer can be liable for the wrongful acts committed by an employee
during their work duties.
Under respondeat superior doctrine - " "let the master answer for the
servant." - an employer is only responsible for the employee action performed
within the scope of employment.
Scope of Employment:
-employee conduct which is reasonably relative to a job description and
foreseeable by the employer as part of that job description.
-employers do not wish to be liable for employee behavior that has no relation
to the goals of the employment relationship
Frolic and Detour:
-an employee leaves the job to go run errands and things like that ( or on way
to a meeting they go shop real quick)
(employer will not be vicariously liable
"Going and Coming Rule":
,-An employer is not liable for an employees action when they are going to and
from work
"Dual Purpose Mission":
-Employee conducts personal and work business at same time
**Employers are only liable for employees actions that fall within their "scope
of employment"
3 Tests to determine if a worker is an employee or independent contractor:
1.The common law agency test
-a worker is an employee if the employer controls the method of work
performed
2.The economic realities test
-a worker is an employee if they are substantially economically dependent on
the employer
3.The IRS 20-factor analysis
-list of factors determining if your employee or contractor
*Independent contractors are not subjected to wage, discrimination, and
liability laws
Integrated enterprise:
-the operations of two or more employers are considered so intertwined that
they can be considered a single employer
Joint employer:
-two entities that exert control over an employee and their operations don't
combine
Covered Employement Agency:
-an agency that is subject to anti-discrimination laws
employment-at-will doctrine:
- an employer may fire an employee at any time, for any legal reason, without
incurring liability.
, -employer may change, at any time and without notice, the terms of wages,
benefits, or time off, leaving employees vulnerable and insecure.
*Exceptions to the employment - at - will doctrine:
1.Public policy exception
2.Implied contract exception
3.Implied covenant of good faith exception
Public Policy Exception:
-an employer can't terminate an employee for reasons violating public
policy......such as refusing to break the law, exercising a legal right, fulfilling a
statutory duty, or engaging in whistleblowing
Implied Contract Exception:
-a legally binding agreement created by actions of the employee and
employer.... such as handbooks and verbal communication ( there is no formal
documentation)
-Statute of Frauds requires that a contract which cannot be performed within
a year of its creation must be in writing.
Implied covenant of good faith:
-The employer and employee agree to deal with eachother in good faith and
fairness..... so they "promise" to do right by eachother
Constructive Discharge:
-an employer allows intolerable conditions and the employee feels the only
option is to quit
intentional interference with a contract:
-3rd party pressures employer to fire employee without cause
intentional infliction of emotional distress:
-An employee claim that states the employer fired them in an intentionally
reckless or outrageous manner that caused serious emotional and
psychological damage
Slander:
-a verbl spoken false statement that harms someone's reputation
