Exam 3 Study Guide Flashcards
Harassment
Unwanted, invasive attention.
Jespersen Case
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.
Hostile Environment
Unwelcome, form of discrimination, environment that is serve and pervasive.
Same Sex Harassment
Covered in Title 7
Vicarious Liability
The responsibility of any third party that had the “right, ability or duty to control” the activities of a violator.
Affirmative Defense
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.
Privacy at Work
Generally, there is some, but there is none with company items, phones, computers, and anything personal accessed trhough with company assets.
Hernandez Case
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.
Off Work Conduct
Don’t defame your work/coworkers, be a good citizen.
Personal Associations (Rulon-Miller case)
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.
Freedom of Expression
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.
Garcotti Case
Bad freedom of expression, he was talking to someone without duties.
Workers Compensation System Generally
Company pays for medical expense in return for not having a personal injury lawsuit against them
What do injured workers receive?
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.
Coverage
Types of injuries and exclusions- alcohol, drugs, horeplay at work.
Wrongful Termination
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.
Whistleblower Laws
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?
Bard Case
Whistleblowing (retaliation, standard to be a whistleblower is subjective. If you believe it’s against the law) on employer with contracts.
Contracts Express
(Gordon Case) “For cause” lack of performance.
Implied Contract
Verbal component, not necessarily hashed out, but an agreement implied in facts.
Handbook
Follow them explicitly especially when it comes to litigation.
Covenant of Good Faith and Fair Dealing
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.
Violation of Public Policy
Generally
Hansen Case
The guys who brought the guns to work and said they had their second amendment right to bear arms.
Breach of Contract by an Employee
What do you have to prove to breach a contract?
Restriction on Future Employment
Covenant not to compete.
WARN Act
Workers Adjustment Retraining Notification, give employees 60 days notice.
Unemployment Insurance
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?
