Exam 3; Chapter 20 Question and answers 100% correct
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Course
LSTD 2106
Institution
LSTD 2106
Exam 3; Chapter 20 Question and answers 100% correct
How do employment law and agency law intersect? - correct answer Note that the distinction made under agency law between employee status and independent-contractor status is important. The employment laws that will be discussed in this chap...
Exam 3; Chapter 20 Question and
answers 100% correct
How do employment law and agency law intersect? - correct answer ✔Note
that the distinction made under agency law between employee status and
independent-contractor status is important. The employment laws that will be
discussed in this chapter only apply to employer-employee relationship, they
do not apply to independent contractors.
What is the doctrine of "employment at will"? - correct answer ✔Common
law doctrine. Under this doctrine, either party may terminate the employment
relationship at any time and for any reason, unless doing so violates an
employee's statutory or contractual rights.
Know the exceptions that help us "break" the employment at will doctrine -
correct answer ✔Exceptions based on contract theory, tort theory and public
policy.
exceptions to the doctrine based in contract law, tort law and public policy -
public policy and the concept of wrongful discharge and whistleblower law. -
correct answer ✔-
Contract Theory - correct answer ✔some courts have held that implied
employment contract exists between employer and employee. If the employee
is fired outside of terms of the implied contract, he or she may succeed in an
action for breach of contract even though no written employment contract
exists
Tort Theory - correct answer ✔in some situations, the discharge of an
employee may give rise to an action for wrongful discharge under tort.
Abusive discharge procedures may result in a lawsuit for intentional infliction
of emotional distress or defamation.
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