mid term Flashcards
Employment relationship
the rendering of personal service by one person on behalf of another in return for compensation.
Agency
is a contracted relationship, involving an agent and a principal, in which the agent is given the authority to represent the principal in deals with 3rd parties. ( Kind of like sport agent ) If you’re an employee the company is the agent.
Independent contractor
an individual hired by an employer to perform a specific task.
Duty of loyalty
that’s an employee has a duty to inform, obey instructions and protect confident information.
Duty to act
in good faith means that the employee or independent contractor must carry out the task assigned by using reasonable skill and care.
Duty to account
employees or independent contractors have a duty to account for all compensations received, including kickbacks upon employers request.
Duty to compensate
An employer has the Duty to compensate – the employee or independent contractor for the work performed.
Maintenance of safe working conditions
is another obligation placed on the employer. Any tools or equipment furnished to the employee must be in proper working order; otherwise, the employer may be liable for the harm done to the employee.
Scope of employment
means the worker is on the job. If an employee is injured during the scope of employment, then the employee will be covered by workers’ compensation. (Workers comp)
Inevitable disclosure
Employers are protected against disclosure of trade secrets even if no noncompete applies
Negligent hire
not correctly doing the background checks or fully doing your job
Drug-Free Workplace Act of 1988
Only applies to federal employees, Some private sector firms use the act’s guidelines
Unique Considerations of HIV/AIDS Testing
For the test to be justified, it must serve a legitimate business purpose. The test reports only the subject’s status as of several weeks or months in the past.
HIV-positive employee may be protected under
–Federal Vocational Rehabilitation Act
–Americans with Disabilities Act
Employers monitoring
To protect the company’s trade secrets, To protect the security of the company’s computer systems and data, To guard against and reduce the risk of liability
One party consent State
you can record the conversation if you are a party. If you are not a party, then you can record the call provided one party consents to it with full knowledge and notice that the conversation is being recorded. Federal law (18 USC § 2511(2)(d))
Two Party Consent State
Must have consent of BOTH parties to record a phone call. 12 states CA, CN, FL, IL, MD, MA, MI, MN, NV,
NH, PA, & WA.
Purple Communications, Inc.
An employer who allows an employee to use its computer systems may not prevent the employee from communicating about union activities
Conversion
is the unlawful taking of personal property from the possession of another. It is the converting of another’s property for one’s own use.
Larceny
is the theft of property
Robbery
is the theft of property with the use of a weapon or with force
Arbitration
an alternative to (a legal action) because it is generally considered to be less expensive and less time consuming.
Arbitrator
a person who examines documents and listens to
testimony, then grants an award based on a factual determination.
Consent decree
is issued by the court setting forth the agreed-upon terms.
Mediation
Is another method that can be used to resolve disputes.
It is usually less time consuming, less expensive, and less stressful.
Mediator
This individual, often experienced in dispute resolution,
attempts to aid the parties in finding common ground.
Title VII (7) :
Helps protect small groups of people (protected classes, race, sex)
This Act applies to:
* Employers with 15 or more employees
* Local, state and federal governments
* Public and private universities
* Employment agencies
* Labor organizations
Disparate treatment
exists when an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group.
Racial harassment
in the workplace exists when conduct by co-
workers, superiors, or the organization itself has created a hostile work environment based on race in which the victimized employee’s ability to do his or her job has been impaired.
