Exam 6: Terminating the Employment Relationship

The remedy of reinstatement is available for breach of employment contract claims.

Constructive discharge occurs when the employer makes working conditions so intolerable that a reasonable person in the employee's position would have felt compelled to resign.

An employee cannot win on a claim for reinstatement if an employer discharges the employee for an unlawful reason and later discovers misconduct sufficient to justify a lawful discharge.

Matching -The amount of money that the employee would have earned from the date of trial to the con- clusion of the employment contract.

Matching -An employee's duty to make reasonable efforts to find other employment and reduce their dam- ages in the event of wrongful termination.

Matching -The employer makes working conditions so intolerable that a reasonable person in the employee's position would have felt compelled to resign.

A demotion does not constitute aggravating circumstances sufficient to justify a resignation (con- structive discharge).

Matching -The present value of wages and benefits the employee would have earned for the remainder of the employment term less any wages and benefits the employee earned or could have earned in the interim, exercising reasonable diligence.

Employment policy manuals or handbooks may be a form of an implied contract.

Matching -An offer by an employer to reemploy the discharged employee under comparable working conditions.

Matching -The court's finding that the employer was restricted in its right to terminate employees at will.

Matching -Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit and intended to punish and thereby deter blameworthy conduct.

Matching -A contract that is not expressed but is created by other words or the conduct of the parties.

Matching -A rule that if an employer discharges an employee for an unlawful reason and later discovers miscon- duct sufficient to justify a lawful discharge, the employee cannot win on a claim for reinstatement.

The employment at will doctrine does not apply where the parties have entered into a written contract that provides for a definite term of employment.

Express contracts are always enforceable, even if they are not formal or in writing.

A terminated employee has a duty to make reasonable efforts to find other employment and reduce his or her damages in the event of wrongful termination.

Matching -The principle that when one person makes a promise and expects another person to do some- thing in reliance upon that promise, and that person does act in reliance upon that promise, the law will usually help that person to enforce the promise because of his or her reliance upon the promise to his or her detriment.

An unconditional offer of reinstatement may limit an employee's right to recover back pay.

A reference during a preemployment interview to a "permanent" position may form an implied contract.