BLAW Sutton Exam 3 Study Guide

Chapters 29, 30, 31, 42, and 44

Wrongful Discharge

Employer cannot fire worker for a reason that violates basic social rights, duty, or responsibility

Generally, employees may not be discharged for refusing to break the law, true or false?

True

Generally, an employer may not discharge a worker for exercising a legal right that supports public policy (ex: serve on jury or refuse to break the law) true or false?

True

An employee handbook creates a…

contract

Qualified Privilege

Employers who give references are liable only for false statements that they know are false or mainly motivated by ill will

Family and Medical Leave Act (FMLA)

The US is the only industrialized nation that does not require employers to give paid sick leave. Guarantee men and women up to 12 weeks of unpaid leave a year for childbirth, adoption, or serious health issue with their own or immediate family.

Whistleblower

Someone who discloses wrongdoing, ex: employees who do so on behalf of their employer

In the absence of a specific law, employers do have the right to fire workers for off-duty conduct, T or F?

True

Employers have the right to prohibit guns in the workplace, but in almost half the states, bring your gun to work own laws prevent companies from banning firearms in their parking lot, T or F?

True

Section 7

Prohibits employers form engaging in Unfair Labor Practices (ULP) meaning they can’t interfere with unions, discriminate against union members, or refuse to bargain. Unions can’t interfere with workers’ rights or charge unfair dues

Traditional Common Law Rule

An employee at will could be fired for a good reason, a bad reason, or no reason at all. Modern law has created exceptions prohibiting firing for a bad reason (public policy)

Wrongful Discharge and Public Policy

Generally, an employee may not be fired for refusing to violate the law, exercising a legal right, or supporting fundamental societal values.

Promises Made During the Hiring Process

generally enforceable, even if not approved by the company’s top executives

Under the Equal Pay Act, a worker may not be paid at a lesser rate than employees of the opposite sex for equal work, T or F?

True

It is illegal for employers with __ or more employees to discriminate on the basis of race, color, religion, sex, or national origin.

15

Disparate Treatment

Plaintiff must show that the individual was treated less favorably than others because of her sex, race, religion, or national origin: blatant discrimination

Disparate Impact

Policy that excludes too many people in a protected category: Systemic bias

Hostile Work Environment

Violates title 7, negative treatment towards people in a protected category (race, color, religion, sex, or national origin) that it affects their ability to work

Quid Pro Quo

“One thing in return for another” - harassment occurs if any aspect of a job is made dependent on sexual activity: sexual act in return for a promotion.

Same Sex Harassment

Also a violation of Title 7

Retaliation

The employer has done something that would deter a reasonable worker/person to complain about discrimination.

Employers cannot discriminate against a worker because of his religious beliefs. Employer must make reasonable accomodation for a worker’s religious practices unless the request would cause undue hardship for the business. True or false?

True

Bona Fide Occupational Qualification (BFOQ)

An Employer may establish discriminatory job requirements if they are essential to the position. → only sex, religion, or national origin (NOT race or color) Ex: woman in a male prison

Age Discrimination in Employment Act (ADEA)

An employer with 20 or more workers may not fire, refuse to hire, fail to promote, or otherwise reduce a person’s employment opportunities because he is 40 or older

Disability Discrimination

Once a worker is established as disable, employers may not discriminate as long as the worker can, with accomodation, perform essential functions of the job.

The EEOC(Equal Employment Opportunity Commission) is the federal agency responsible for enforcing Title 7, True or False?

True

Sole proprietorship

An unincorporated business owned by one person

No formal steps are necessary to create a sole proprietorship, true or false?

True

Flow-Through Tax Entity

Org that does not pay income tax of profits but passes them through to its owners, who pay personal income tax on all business profits

As the owner of the business, if the business cannot pay its suppliers or a student is injured, owner is…

personally liable

A corporation shields managers and investors from personal liability for the debts of the corporation and the actions of others, but…

not against responsiblity for their own torts and crimes

When a sole proprietor dies, legally, so does the business. Corporations, however, have perpetual existence and can continue without their founders, True or false?

true

S corporation

A Corporation that provides limited liability to its owners and the tax status of a flow-through entity

S Corporation Restrictions

Only one class of stock; no more than 100 shareholders; shareholders must be individuals, estates, charities, pension funds, or trusts (NOT partnerships or corporations); shareholders must be US citizens or residents, and all shareholders must agree to S corp status

LLC

Offers the limited liability of a corporation and the tax status of a flow- through entity. Shareholders can have members that are corporations, partnerships, or non-US citizens

Unlike S corporations, LLCs can have members that are corporations, partnerships, or nonresident aliens, True or false

true

Partnership

An unincorporated association of two or more co-owners who operate for a business for profit

The partnership itself does not pay income tax; instead, the profits pass through the partner, who report on their personal returns, true or false?

True

Dissociation

When partner leaves a partnership (death or expulsion)

Reversion

The right of an owner (or her heirs) to property upon the death of a life tenant (property reverts to original owner)

Remainder

The right of a third person to property upon death of a life tenant (property goes to a named third person)

Easement

The right to cross of use someone else’s land for a particular purpose

License

Right to temporarily land belonging to another

Adverse Possession

You gain ownership against the owner of the property

Adverse Possession Requirements

1. Entry and Exclusive possession (Physical and exclusive possession of the land

2. Open and notorious possession (visible and generally known presence so the owner notices)

3. Claim adverse or hostile to the owner (occupying with the owner’s permission does not count

4. Continuous Possession for the Statutory Period (Use must be continuous, tacking permitted

Prenup

Dictate what would happen in the case of a divorce, Anything that you have/inherit BEFORE you get married is yours unless stated by the …

Community Property

a married person’s assets, like buying the house together, are split when divorced unless a prenup dictates otherwise

Freehold Estate

The right to possess land for an undefined length of time

The Statute of Frauds generally requires that a long-term lease be in…

writing

Quiet Enjoyment

All tenants are entitles to quiet enjoyment of the premises, the right to se property without interference of the landlord

Actual Eviction

If the landlord prevents the tenant from possessing the premises, ex: changing locks

Constructed Eviction

If landlord substantially interferes with tenant’s use and enjoyment of the premises

Mitigation

A landlord must mitigate damages by promptly seeking another tenant

Tenant’s Liability

A tenant is generally liable for injuries occurring within the premises she is leasing

Latend Defects

If the landlord knows of a dangerous condition and realizes the tenant will not notice it, the landlord is liable for injuries. If landlord notices tenant, he is no longer liable

If the premises are used for public purpose, landlord is generally obligated to repair any dangerous defects, although tenant is probably liable as well, T or F?

true

Requirements for a Valid Will

1. Legal Age → 18

2. Of Sound mind → able to understand will, property, her relatives, and property disposal

3. Free will, without undue influence

Will Execution Requirements

Must be in writing: the testator must sign it (or direct someone else to), generally two witnesses must also sign, who do not inherit from the will

Holographic Will

Handwritten and signed by testator but not witnessed

Parents are not required to leave assets to their children, they may disinherit, T or F?

True

Permitted Child

A child who is left nothing under the parent’s will

Per Stirpes

Each branch of the family recieves an equal share

Per Capita

Each heir receives the same amount

Intestate Succession

When someone dies without a will, the law determines how to distribute decedent’s propety

Insurance Owner

The person who enters into the contract and pays the premiums

Insurance Beneficiary

The person who receives proceeds form policy

The insured and beneficiary can be the same person, T or F?

true

Insurable Interest

Can be no greater than the actual amount of loss suffered. If a barn is worth $50k but insured for $100k, owner will only recover $50k

Material Misstatement

Insurers had the right to void a policy if the insured makes a misstatement or conceals a material fact during the application process. “Material” means important to the insurer’s decision to issue a policy or set premium

Term Insurance

Cheapest, if owner stops paying premiums, policy terminates and beneficiary receives nothing