Exam 3 Study Guide

Question 0

Harassment

Answer 0

Unwanted, invasive attention.

Question 1

Jespersen Case

Answer 1

Women didn’t want to wear makeup said they were sexually stereotyping and brought a Title 7 Suit against the company. She lost. Court reflects society.

Question 2

Hostile Environment

Answer 2

Unwelcome, form of discrimination, environment that is serve and pervasive.

Question 3

Same Sex Harassment

Answer 3

Covered in Title 7

Question 4

Vicarious Liability

Answer 4

The responsibility of any third party that had the “right, ability or duty to control” the activities of a violator.

Question 5

Affirmative Defense

Answer 5

Or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant’s otherwise unlawful conduct.

Question 6

Privacy at Work

Answer 6

Generally, there is some, but there is none with company items, phones, computers, and anything personal accessed trhough with company assets.

Question 7

Hernandez Case

Answer 7

Private employer at hillside home, women were in the office and there was a camera. They were worried they were getting filmed. Invasive and intrusive. Must be unreasonable.

Question 8

Off Work Conduct

Answer 8

Don’t defame your work/coworkers, be a good citizen.

Question 9

Personal Associations (Rulon-Miller case)

Answer 9

Dating a guy from another company. Can a supervisor say whether or not that’s ok? Is there trade secrets? She was giving him her position of the company. Thats it. Conduct ok.

Question 10

Freedom of Expression

Answer 10

Is the political right to communicate one’s opinions and ideas using one’s body and property to anyone who is willing to receive them although limitations may follow the “harm principle” or the “offense principle”, for example in the case of pornography, or hate speech. Limitations to freedom of speech may occur through legal sanctions and social disapprobation, or both.

Question 11

Garcotti Case

Answer 11

Bad freedom of expression, he was talking to someone without duties.

Question 12

Workers Compensation System Generally

Answer 12

Company pays for medical expense in return for not having a personal injury lawsuit against them

Question 13

What do injured workers receive?

Answer 13

Workman’s compensation - if the employer covers your expenses they most likely won’t have to deal with litigation. Unless the accident was their fault.

Question 14

Coverage

Answer 14

Types of injuries and exclusions- alcohol, drugs, horeplay at work.

Question 15

Wrongful Termination

Answer 15

Generally, you can say you were if you can establish a contract through the handbook or an implied contract (there must be just cause). You can also have a public policy, i.e., you can’t make somebody evade the law to keep their job.

Question 16

Whistleblower Laws

Answer 16

Snowden. Every state has a statue 1 disclosure of serious wrong doings. 2 self-risk for greater good (risk: adverse employment action). Public good? Is there reasonable cause to believe there will be retaliation?

Question 17

Bard Case

Answer 17

Whistleblowing (retaliation, standard to be a whistleblower is subjective. If you believe it’s against the law) on employer with contracts.

Question 18

Contracts Express

Answer 18

(Gordon Case) “For cause” lack of performance.

Question 19

Implied Contract

Answer 19

Verbal component, not necessarily hashed out, but an agreement implied in facts.

Question 20

Handbook

Answer 20

Follow them explicitly especially when it comes to litigation.

Question 21

Covenant of Good Faith and Fair Dealing

Answer 21

Current standard, contract situation, know if you have a contract, what kind of damage do you get with the contract? Contract or tort? Both- Contract principle.

Question 22

Violation of Public Policy

Answer 22

Generally

Question 23

Hansen Case

Answer 23

The guys who brought the guns to work and said they had their second amendment right to bear arms.

Question 24

Breach of Contract by an Employee

Answer 24

What do you have to prove to breach a contract?

Question 25

Restriction on Future Employment

Answer 25

Covenant not to compete.

Question 26

WARN Act

Answer 26

Workers Adjustment Retraining Notification, give employees 60 days notice.

Question 27

Unemployment Insurance

Answer 27

When do you get employment? Workers comp v. unemployment. Can you quit your job and get unemployment? Maybe. If you get fired? Maybe. It’s not a clear cut situation. A guy who got in a bunch of accidents with a car, he gets fired, issue is you can get terminated for misconduct then you can’t get unemployment. Could he establish a reason why he got in a bunch of accidents?