Key Terms #8 Flashcards
Apparent authority
Authority that is only apparent, not real. An agents apparent authority arises when the principal causes a third party to believe that the agent has authority, even though he or she does not.
Agency
A relationship between two parties in which one party (the agent) agrees to represent or act for the other (the principal).
Collective bargaining
The process by which labor and management negotiate the terms and conditions of employment, including working hours and workplace conditions.
Constructive discharge
A termination of employment brought about by making the employees working conditions so intolerable that the the employee reasonably feels compelled to leave.
Disclosed principal
A principal whose identity is known to a third party at the time the agent makes a contract with the third party
Employment discrimination
Treating employees or job applicants unequally on the basis of race, color, national origin, religion, gender age, or disability.
Employment at will
A common law doctrine under which either party may terminate an employment relationship at anytime for any reason, unless a contract specifies otherwise.
Equal dignity rule
A rule requiring that an agents authority be in writing if the contract to be made on behalf of the principal must be in writing
Fiduciary
As a noun, a person having a duty created by his or her undertaking to act primarily for another’s benefit in matters connected with the undertaking. As an adjective, a relationship founded on trust and confidence.
Independent contractor
One who works for and receives payment from, an employer but whose working conditions and methods are not controlled by the employer. An independent contractor is not an employee but possibly an agent.
Partially disclosed principal
A principal whose identity is unknown by a third party, but the third party knows that the agent is or may be acting for a principal at the time the agent and the third party form a contract
Power of attorney
Authorization for another to act as ones agent or attorney in either specified circumstances (special) or in all situations (general)
Protected class
A group of persons protected by a specific laws because of the groups defining characteristics, including race, color, religion,national origin, gender age, and disability.
Ratification
A party’s act of accepting or giving legal force to a contract or other obligation entered into by another that previously was not enforceable
Right to work law
A state law providing that employees
May not be required to join a union as a condition of retaining employment
Respondeat superior
A doctrine under which a principal or an employer is held liable for the wrongful acts committed by agents or employees while acting within the course and scope of their agency or employment
Undisclosed principal
A principal whose identity is unknown by a third party, and that person has no knowledge that the agent is acting for a principal at the time the agent and the third party form a contract
Vicarious liability
Indirect liability imposed on a supervisory party (such as an employer) for the actions of a subordinate (such as an employee) because of the relationship between the two parties
Workers compensation laws
State statutes that establish an administrative process for compensating workers for injuries that arise in the course of their employment, regardless of fault
Wrongful discharge
An employers termination of an employees employment in violation of the law or an employment contract
