Chapter 12: Employment Law 1 ( Employee Rights ) Flashcards

1
Q

Arbitration

A

Is cheaper, faster and less adversarial than a trial, but can be stacked in favor of cooperate interest and amounts to a denial of the fundamental right of access to the legal system

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2
Q

Scope of Employment

A

On the job

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3
Q

1986 Electronic Communications Privacy Act

A

1- Prior consent by one of the parties to the communication
2- Employer monitoring in the ordinary course of business by telephone or other devise furnished by a provider

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4
Q

1988 Drug free workplace act

A

Contracts of $100,000 or more with the federal government or who receive aid from the government

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5
Q

1988 Drug free workplace act

A

Contracts of $100,000 or more with the federal government or who receive aid from the government

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6
Q

Pre-employment Testing

A

State and local law may impose some restriction

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7
Q

In association with periodic physical examinations

A

Advance notice is often required

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8
Q

For cause

A

When an employer has probable cause or reasonable suspicion

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9
Q

Post-accident testing

A

Where drug use is suspected

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10
Q

Follow-up Testing

A

For those returning from drug rehabilitation

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11
Q

The Families and Medial Leave Act ( FMLA)

A

Eligible employees of covered employers to take job protected, unpaid leave

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12
Q

Limitations

A

1- Express or implied contracts
2-An implied covenant of good faith and fair dealing
3- The tort of violating an established public policy

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