Exam 2: Employment Contracts And Wrongful Discharge

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Define the doctrine of employment-at-will? Explain its exceptions?

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Employment-at-will holds that an employee who has not been hired for an express period of a year can be fired from his/her job by employer at any time with or without any reason.Both the employer and the employee are free unilaterally to terminate their relationship any stage without any compulsion or force.However there are exceptions under the doctrine.The most commonly adopted exceptions under employment-at-will is Public Policy exception.If a statute creates a right or a duty for the employee,he or she may not be fired for exercising that legal right or fulfilling that legal duty.

Some employees have express contracts of employment,usually for a definite duration.Others fall within the coverage of a(n) ________________ negotiated for them by their union.

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The provision of Uniform Employment Termination Act deals with protection of employees from:

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What are the two most common types of contracts?

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An employee who complaints against his or her employer pertaining to fraud and corruption is protected under the provision of:

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What is a contract? Explain the differences between express and implied contracts?

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What is a tort?

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The freedom of employees to quit the employment relationship is an important issue underlying which doctrine?

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Define a whistleblower and describe the protection offered to whistleblower employees.

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Robert is a respected member of the Santa Clara community and works with a local architectural firm.He was selected by the court to perform jury duty on a case.The case went on for several days and caused Robert to miss work for the entire duration.Upon his return,he discovered that his team member had replaced him and his services were abruptly terminated.In this scenario Robert can challenge his termination under:

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An employee who has not been hired for more than a year can be fired by the employer for any reason or for no reason.This is the doctrine of:

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Kelly was an employee of a retail outlet.Although the nature of the work and duties performed by both male and female workers were comparable,the remuneration paid to male workers was significantly higher compared to the female employees.When Kelly brought this to the attention of the management and objected to the difference in pay,her services were terminated without good cause.Under which law can she challenge her termination?

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Muriel is the owner of a garment factory in New York City.Ten months back she hired 20 employees to work in his factory,but due to the economic downturn she decided to let go of the new hires in order to save her business.All 20 employees were fired and no explanation was provided.This action is perfectly legal and covered by the doctrine of:

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A private or civil wrong or injury caused by one party to another,either intentionally or negligently is a:

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Steven is the Executive Director at a telecom company in Texas.He regularly misappropriated company funds which belonged to the employee benefit plan and several clients.Robert,his corporate secretary was aware of his superior's illegal activities.He brought this to the attention of law enforcing agencies.What is Robert's role in the above scenario?

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Brett (defendant) entered into employment contract with Krista (plaintiff).Brett had hired Krista as a staff assistant at a pay rate of $20 per hour.Krista's duties consisted of driving trucks and making deliveries.Although Krista worked for 120 hours in total,she was paid only for part of her services which did not abide by the terms and conditions agreed in the employment contract.Krista has most likely instituted a suit against Brett for:

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What is the exception under employment-at-will?

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An act that contains anti-retaliation provisions is:

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In Pennsylvania,if an employee is fired on the basis of gender or race discrimination,then State law remedy is provided under the Pennsylvania:

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Identify two Acts that protect whistleblowers from employer retaliation.

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