D352 Section 1 Study Guide

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41 terms rhia Describe the difference between mediation and arbitration.List and describe exceptions to employment at will. Exceptions to employment at will include: *Public Policy Exception *Implied Contract Exception *Implied Covenant of Good Faith and Fair Dealing **in addition to a collective bargaining agreement and the Model Employment Termination Act.Four examples of Public Policy1) Refusing to break the law 2) Exercising a legal right 3) Fulfilling a statutory duty 4) Whistleblowing.Model Employment Termination Act (META)an employer may not terminate employment of an employee without good cause.Expressed Contractsstated in distinct and clear language, either orally or in writing Implied ContractsContracts in which some terms are not specifically stated, but are understood by the parties based on the nature of the transaction *BEHAVIOR BASED* Libelwritten defamation Slanderspoken defamation DefamationAct of harming or ruining another's reputation

List the elements necessary for establishing a prima facie case of intentional infliction of emotional distress.

• Extreme and outrageous conduct by a defendant.
• The defendants' intention of causing, or reckless disregard of the likelihood of

causing, emotional distress

• The plaintiff's suffering of severe emotional distress (and as a direct result of the

defendant's extreme and outrageous conduct.How could qualified privilege provide a defense for defamation?Qualified privilege must have the absence of malice for defense, ie- when one person communicates with another who has the legitimate need to know the information (such as an employee telling a supervisor of another employee's performance, as long as what the employee is saying is in "good faith." Qualified Privilegeemployers who give references are liable only for false statements that they know to be false or that are primarily motivated by ill will Tortious interference with a contractConduct by one party that results in another's breaching her contract with a third party.What are the main elements of tortious interference with contract?A cause of action aimed at a third party who allegedly caused the plaintiff to be fired or interferes with his/her ability to get a job.The third party must interfere for an improper reason, ie-animosity toward plaintiff, and not for a valid business reason in order to beheld responsible for this tort torta wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.workplace torta civil wrong in which an employer violates a duty owed to its customers or employees Retaliatory DemotionReduction in rank, salary, or job title as a punishment The elements of the tort are much the same as with a wrongful discharge If firing the employee would be illegal under the circumstances, the chances are good that a demotion is equally illegitimate in the eyes of the courts wrongful dischargeAn employer's termination of an employee's employment in violation of the law or an employment contract.Theft of Trade SecretsThe intentional taking, copying, or using another's trade secrets with the knowledge the owner of the trade secret will be injured by such action How can a company try to protect itself from a theft of trade secrets?Employers whose employees misappropriate trade secrets for their own use or for the benefit of a new employer are entitled to obtain an injunction (court order) to stop the illegal behavior.The common law of most stated imposes and obligation upon employees to

respect and protect the trade secrets of their employers:

*confidentiality and noncompetition agreements are often required by employers at the time of hire to bolster their common law protections Common Law Privacythe tradition, precedent, and custom among states to set up laws protecting privacy.

Four elements of Common Law Privacy1.Appropriating the plaintiff's identity for the defendant's benefit

• Placing the plaintiff in a false light in the public eye
• Publicly disclosing private facts about the plaintiff
• Unreasonable intruding upon the seclusion or solitude of the plaintiff

What protects public employees' right to privacy? The 4th amendment and the 14th amendment's "Due Process" clause What protects private employees' right to privacy? Nothing unless the employer has a policy.eavesdroppingto listen secretly to a private conversation How do employers often try to defend their actions of eavesdropping or surveillance?-To ensure quality of customer service -prevent inventory and intellectual property theft -to discourage wasting time on internet abuses -essentially, to ensure employees are being productive Describe employees' use of social media and the company's right to monitor and use that information.Employers are allowed to monitor current employees' social media and potential employees, after the initial interview to prevent any potential bias. Also, once it is posted to social media, it is no longer private regardless of privacy settings.For qualified privilege to exist, what must also be true? Lack of malice and within the scope of employment What is employer's expectation for verification of work eligibility documents?Employers are to examine the approved documents to verify they are "reasonably on their face to be genuine and to relate to the person presenting them, to be accepted." What documents are approved for I-9 forms and to prove your identity?Drivers license or state-issued ID card What documents are approved for employment verification?Social Security Card or Birth certificate What documents can be used to verify both identity and employment authorization?US Passport, Certificate of Naturalization, certain resident-alien cards, unexpired foreign passport w/ attached visa authorizing US employment, Alien registration card with photo How many days does an applicant have to provide working documents if they claim the documents are lost/stolen?90 days What happens if the applicant claims his/her documentation was stolen or lost?A receipt for a request for replacement documents will suffice for time being. The employee has an additional 90 days to present documents to employer.List the five bases of coverage for Title VII1.Race 2.Color 3.Religion 4.Sex 5.National Origin

How many members make up the EEOC and how are they selected?

• members make up EEOC. They are appointed by the president with Senate

confirmation.What are the EEOC's responsibilities?Investigate discrimination complaints regarding workforce Compare/contrast disparate treatment and disparate impact.Treatment is INTENTIONAL vs Impact which still discriminates but is NOT

INTENTIONAL

Which bases of Title VII could qualify for a BFOQ? gender (sex), religion or national origin allows employers to discriminate hiring on these three basis when it can be proven that the job title benefits based on this. IE - a synagogue only hiring a Jewish person because synagogues cater to Jewish people.Uniform Guidelines on Employee Selection Procedures

(UGESP)

Provide methods of determining disparate impact and for validating employee selection criteria Describe how the Four-Fifths rule is used to show disparate impact exists.

States: disparate impact occurs when proportion of applicants from protected

group with the lowest select/pass rate is less than 80% of the selection/pass rate of the group with the highest rate.content validityThe degree to which the content of a test is representative of the domain it's supposed to cover.Think of content validity as the content of the test matching content of the job.construct validitythe extent to which variables measure what they are supposed to measure criterion-related validitya measure of validity based on showing a substantial correlation between test scores and job performance scores Empirical Validityrefers to the extent to which a theoretical model is supported by scientific research What is the main purpose behind voluntary affirmative action plans?To provide opportunities in educational and work opportunities for disadvantaged yet qualified minorities, females, veterans,and the disabled. Right the wrongs of the past, all things being equal preference to minority, and comply with federal grant or work requirement strict scrutiny testthe guidelines the courts use to determine the legality of suspect classification- based discrimination; on the basis of this test, discrimination is legal if it is a necessary means by which the government can achieve a compelling public interest