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BLAW 341 Final Exam Part 1: Employment Law Q&A 100% Pass $12.49
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BLAW 341 Final Exam Part 1: Employment Law Q&A 100% Pass
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BLAW 341 Final Exam Part 1: Employment Law Q&A 100% Pass What category of worker do "Employment laws" generally cover? - employees, NOT independent contractors Two Tests Used to Determine Employee v. IC Status - 1) Control Test (most commonly used; IRS test) 2) Economic Realities Test *(NOT ...

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  • December 21, 2024
  • 21
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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BLAW 341 Final Exam Part 1:

Employment Law Q&A 100% Pass


What category of worker do "Employment laws" generally cover? -

✔✔employees, NOT independent contractors

Two Tests Used to Determine Employee v. IC Status - ✔✔1) Control Test

(most commonly used; IRS test)



2) Economic Realities Test

*(NOT ON EXAM)*

Phoenix Corporation hired Erika to make whistles. Under the terms of the

agreement, Erika was to be paid a fixed sum without benefits, she was to

craft the whistles in her shop, she could use any suppliers she choose, and

she had 3 months during which to complete the project. If a dispute arises

and a court must determine Erika's employment status, which of the

following is the most likely outcome? - ✔✔will be determined that Erika is

an independent contractor




1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

,Employment at Will - ✔✔-Traditional doctrine that governs Employment

Contracts



-Either party may terminate an employment relationship ANY TIME FOR

ANY REASON,

absent prior agreement to the contrary



-Doctrine is HARSH, so a number of exceptions apply based on:

*Contract Theory (Express or Implied)

*Tort Theory

*Public Policy

employment at will exceptions based on contract theory - ✔✔-terms =

employee's "reasonable expectations"

employment at will exceptions based on tort theory - ✔✔-Tort action an

employee may file if an employer improperly discharges an employee.



-MOST COMMON action



-In limited situations when employer's discharge is deemed abusive, the

discharge of an employee may also lead to suits for:
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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

, *Intentional Infliction of Emotional Distress

*Defamation

*Fraud

employment at will exceptions based on public policy - ✔✔-Employee

cannot be fired if termination violates public policy



-How do you know what "public policy" is?

*Statutes (most often)

*Common Law

*Well-known Mandates



-Examples of statutes that include "public policy" that limits the

"employment at will" doctrine:

*Whistleblowing Statutes

*ADA (American's with Disabilities Act)

*FMLA (Family Medical Leave Act)

*OSHA



-Examples of common law "public policy" well-known mandates that limit

the "employment at will" doctrine:

3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

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