Rules of Law Flashcards
The Golden Rule
We must treat others as we wish others to treat us.
Employment at Will Rule
Termination of an employee is at the employer’s sole discretion barring
1. Limitations on termination imposed by contract, including collective bargaining
agreements, between the employer and employee;
2. Statutes prohibiting certain types of discrimination in the workplace; or
3. Violations of other general public policy mandates.
Application of this rule of law determines whether or not an employee may be
terminated at-will, or if the employee can sue for damages such as lost wages and
benefits or, in more limited circumstances, equitable relief such as reinstatement
to employment; if an employee’s termination was prohibited by statute, statutory
provisions are applied and will govern any relief.
Workers’ Compensations Rule
Injuries suffered by employees who are on the job are insured by State workers’
compensation funds regardless of fault and employers may not be sued directly
unless an employer intentionally injured an employee or knowingly exposed an
employee to extraordinary and hazardous conditions likely to cause injury.
Application of this rule limits the liability of employers for on-the-job injuries and
determines the relief available to injured employees such as payment for medical
services and lost wages.
Equal Opportunity in the Workplace Rule
Employment in a private business conditioned on the basis of race, national
origin, ethnicity, gender, or religion and not related to a bona fide occupational
qualification (BFOQ) is unlawful discrimination based on Federal law; unlawful
discrimination in employment in the State of Washington also includes
conditioning employment on the basis of political creed, marital status, and
sexual orientation.
Employees must initiate legal action under this rule of law through the Equal
Employment Opportunity Commission or a State’s Human Rights Commission;
application of this rule determines whether or not an employer has engaged in
unlawful discrimination and if an employee can sue for damages such as lost
wages and benefits or, in more limited circumstances, equitable relief such as
reinstatement to employment.
The Disabilities in the Workplace Rule
Employment in a private business may not be conditioned on the basis of a
medically cognizable disability, and an employer must provide a reasonable
accommodation to any qualified but disabled employee necessary to perform
employment, provided the accommodation does not impose an undue hardship
on the employer.
Employees must initiate legal action under this rule of law through the Equal
Employment Opportunity Commission or a State’s Human Rights Commission;
application of this rule determines whether or not an employer has engaged in
unlawful discrimination and if an employee can sue for damages such as lost
wages and benefits or, in more limited circumstances, equitable relief such as
reinstatement to employment
Duty of Care for Child Products
The duty of care for the manufacture of products for children 12 years of age
and younger is set by statutes governing child product safety, including, but not
limited to, the proper labeling of products for use by children of appropriate age,
the requirement of adult supervision for use of a product by a child, and limiting
contaminants in products manufactured for children such as the permissible level
of lead, toxins and carcinogens.
Breach of this duty of care determines whether a manufacturer is liable for
damages for the negligent or accidental injuring of a person arising from a
violation of child product safety statutes.
The Product Liability Rule
There is strict liability for all distributors, manufacturers and retailers for injuries to
persons, parties or property caused by their commerce in any dangerous, defective
product or goods, regardless of reasonable precautions taken to eliminate, reduce, or
avoid product defects, provided:
1) The product has not been substantially altered or altered in a way that
causes the defect or danger, and
2) The product was being used as it was intended to be used.
Application of this rule determines strict liability for distributors, manufacturers and
retailers for damages for injuries to persons, parties or property arising from the use
of, or exposure to, a defective product.
