Topic 1 Flashcards
a set of rules for human behavior which are established by legitimate authority and which have a binding force
Law
a controlling rule, example, or guide—which provided a framework for other judges to follow in deciding later cases
Precident
The doctrine of a court following the precedent of an earlier court
stare decisis
The power of the Supreme Court to consider whether a law comports with the Constitution
Judicial Review
A contract relationship between a principal and an agent whereby the principal authorizes the agent to work on his or her behalf and with power to bind the principal.
Agency
A legally binding agreement between two parties
Contract
a civil wrong which causes someone harm
Tort
A form of secondary liability that comes from the doctrine of respondeat superior – “let the master answer for the servant”.
Vicarious liability
Employee conduct that is reasonably relative to a job description.
Scope of employment
An employee’s physical departure from the job in order to further his or her own interests and not the employer’s.
Ex. An employee runs a personal errand while driving to a meeting at a company branch office
Frolic and Detour
A legal principle that removes an employer’s liability from employees’ actions going to and from their place of employment.
Going and Coming Rule
Occurs when an employee conducts personal and work business at the same time; subjecting the employer to liability for the employee’s actions
Dual Purpose Mission
“Let the master answer for the servant” applies to which vicarious liability doctrine?
Respondent inferior
A worker who is not subject to wage, discrimination, tax, or liability laws.
Independent Contractor
A test that classifies a worker as an employee if the employer maintains the right to control the method of work performed.
Common Law Agency
A test that classifies a worker as an employee if the employee is substantially economically dependent on an employer.
Economic Realities Test
A guide adopted by the Internal Revenue Service for determining if a worker should be classified as an independent contractor.
20-factor Analysis
USERRA
Uniformed Services Employment and Reemployment Rights Act
NLRA
National Labor Relations Act
ADEA
Age Discrimination in Employment Act
IRCA
Immigration Reform and Control Act
A business environment in which operations of two or more employers are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability.
Integrated Enterprise
Two entities, not engaged in an integrated enterprise, that each exert control over an employee.
Joint Employer
An agency that regularly procures employees for at least one covered employer; subject to employment law regulation.
Covered Employment Agency
An employer that is engaged in a commerce industry and employs fifteen or more employees.
Covered Employer
The predominant rule governing employer-employee relations that states that an employer may terminate an employee at any time, for any legal reason, without incurring liability.
Employment-at-will Doctrine
A rule of exception to the employment at-will doctrine that states that an employer cannot terminate an employee for reasons that violate public policy.
Public-policy Exception
Termination of an employee as punishment for engaging in a protected activity.
Retaliatory Discharge
A legally binding agreement which is created, not through formal contract negotiation and documentation, but by the actions of the employer and the employee.
Implied Contract
A presumption that each party in a contract will deal with each other in good faith and fairness.
Implied Covenant of Good Faith and Fair Dealing
A doctrine that requires certain contracts to be in writing.
Statute of Frauds
Resignation of an employee because an employer allows working conditions that are no longer tolerable for any reasonable employee.
Constructive Discharge
An employee’s claim that a third party pressures the employer to terminate an employee without cause.
Intentional Interference with a Contract
An employee’s claim that an employer terminated an employee in an intentionally reckless or outrageous manner that caused serious emotional and psychological damage.
Intentional Infliction of Emotional Distress
Which of the following laws has the least amount of power under the Supremacy Clause?
State laws
If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers’ compensation, or “whistleblowing,” the employer may face liability for a
retaliatory discharge
