Deck 6: Terminating the Employment Relationship

Question 1

Matching
a. back pay
b. promissory estoppel
c. front pay
d. constructive discharge
e. duty to mitigate damages
f. after-acquired evidence doctrine
g. implied contract
h. unconditional offer of reinstatement
i. punitive/exemplary damages
j. wrongful discharge
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.

Answer 1

b

Question 2

Matching
a. back pay
b. promissory estoppel
c. front pay
d. constructive discharge
e. duty to mitigate damages
f. after-acquired evidence doctrine
g. implied contract
h. unconditional offer of reinstatement
i. punitive/exemplary damages
j. wrongful discharge
A contract that is not expressed but is created by other words or the conduct of the parties.

Answer 2

g

Question 3

Matching
a. back pay
b. promissory estoppel
c. front pay
d. constructive discharge
e. duty to mitigate damages
f. after-acquired evidence doctrine
g. implied contract
h. unconditional offer of reinstatement
i. punitive/exemplary damages
j. wrongful discharge
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.

Answer 3

a

Question 4

Matching
a. back pay
b. promissory estoppel
c. front pay
d. constructive discharge
e. duty to mitigate damages
f. after-acquired evidence doctrine
g. implied contract
h. unconditional offer of reinstatement
i. punitive/exemplary damages
j. wrongful discharge
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.

Question 5

Matching
a. back pay
b. promissory estoppel
c. front pay
d. constructive discharge
e. duty to mitigate damages
f. after-acquired evidence doctrine
g. implied contract
h. unconditional offer of reinstatement
i. punitive/exemplary damages
j. wrongful discharge
The court's finding that the employer was restricted in its right to terminate employees at will.

Question 6

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

Question 7

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

Question 8

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.

Question 9

Matching
a. back pay
b. promissory estoppel
c. front pay
d. constructive discharge
e. duty to mitigate damages
f. after-acquired evidence doctrine
g. implied contract
h. unconditional offer of reinstatement
i. punitive/exemplary damages
j. wrongful discharge
The employer makes working conditions so intolerable that a reasonable person in the
employee's position would have felt compelled to resign.

Question 10

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.

Question 11

Matching
a. back pay
b. promissory estoppel
c. front pay
d. constructive discharge
e. duty to mitigate damages
f. after-acquired evidence doctrine
g. implied contract
h. unconditional offer of reinstatement
i. punitive/exemplary damages
j. wrongful discharge
An offer by an employer to reemploy the discharged employee under comparable working
conditions.

Question 12

Matching
a. back pay
b. promissory estoppel
c. front pay
d. constructive discharge
e. duty to mitigate damages
f. after-acquired evidence doctrine
g. implied contract
h. unconditional offer of reinstatement
i. punitive/exemplary damages
j. wrongful discharge
An employee's duty to make reasonable efforts to find other employment and reduce their dam-
ages in the event of wrongful termination.

Question 13

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.

Question 14

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

Question 15

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

Question 16

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

Question 17

Matching
a. back pay
b. promissory estoppel
c. front pay
d. constructive discharge
e. duty to mitigate damages
f. after-acquired evidence doctrine
g. implied contract
h. unconditional offer of reinstatement
i. punitive/exemplary damages
j. wrongful discharge
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.

Question 18

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.

Question 19

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

Question 20

Matching
a. back pay
b. promissory estoppel
c. front pay
d. constructive discharge
e. duty to mitigate damages
f. after-acquired evidence doctrine
g. implied contract
h. unconditional offer of reinstatement
i. punitive/exemplary damages
j. wrongful discharge
The amount of money that the employee would have earned from the date of trial to the con-
clusion of the employment contract.