EH

MGT 334 Torts / Workers’ Compensation Employment & Labor Law

MGT 334 Torts / Workers’ Compensation Employment & Labor Law Notes

Page 1: Introduction

  • Overview of the course regarding Torts and Workers’ Compensation Employment & Labor Law by Dawn D Brackmann.

  • Focus on jobs, on-the-job injuries, and relevant legal frameworks.

Page 2: Definition of Tort

  • Tort: A private or civil wrong or injury caused by one party to another, either intentionally or negligently.

Page 3: Workers' Compensation

  • Assessment of a safety law in the workplace:

    • Is there a law for Workers' Compensation?

    • Does the law apply to specific cases?

    • What are the requirements associated with this law?

Page 4: Michigan Law on Workers' Compensation

  • The Workers' Disability Compensation Act of 1969:

    • Governs injured workers and their employers in Michigan.

    • Initially adopted in 1912 to provide compensation for on-the-job injuries and to protect employers' liability.

    • The mission of the Workers' Disability Compensation Agency:

    • Efficient administration of the Act.

    • Provide prompt, courteous, and impartial service to all customers.

Page 5: Applicability of Workers’ Compensation

  • Workers’ Compensation:

    • Applies to every employer (public and private) and every employee unless specified otherwise.

    • All are subject to the provisions of the Act.

Page 6: Workers’ Compensation Insurance Benefits

  • Workers’ compensation insurance covers:

    • Medical expenses incurred as a result of workplace injuries or illnesses.

    • Provides lost wage payments to employees who are unable to work following injuries, after a brief waiting period.

Page 7: Torts Related to Employment

  • Workers' compensation insurance is considered the exclusive remedy for certain tort liabilities in employment situations.

Page 8: Key Issues in Workers' Compensation

  • Important questions to consider are:

    • Is there a disability?

    • Is the disability work-related?

    • Is the worker classified as "an employee" under the law?

Page 9: The Exclusive Remedy Concept

  • Workers’ Compensation as the Exclusive Remedy:

    • There are exceptions, particularly concerning intentional injuries.

    • Case reference: Shumaker v Meritt Tool & Die 2018 WL 1831932 (Mich App 2018).

Page 10: Exceptions to Exclusive Remedy

  • The exception for intentional injuries involves:

    1. A deliberate act by the employer.

    2. The act must specifically intend to cause injury.

  • Proof of Intent:

    1. Actual knowledge that injury is certain to occur.

    2. Willfully disregarding that knowledge.

  • Reference case: Travis v Dreis & Krump Mfg Co 453 Mich 149 (1996).

Page 11: Defamation in Employment Torts

  • Types of employment-related torts include:

    • Defamation: libel and slander.

    • Infliction of emotional distress.

    • Theft of trade secrets.

    • Privacy violations.

    • Discrimination.

    • Interference with contracts or other economic advantages.

Page 12: Understanding Defamation: Libel and Slander

  • Defamation: Any communication that:

    • Tends to harm another's reputation.

    • Lowers them in the estimation of the community.

    • Deters third parties from associating or dealing with them.

Page 13: Types of Defamation

  • Defamation: Intentional, false, and harmful communication.

    • Libel: A written falsehood.

    • Slander: A spoken falsehood.

Page 14: Michigan Defamation Law

  • An Action for Libel or Slander:

    • Reference to MCL 600.2911.

    • Examination of the existence of law, its applicability, and requirements.

Page 15: Prima Facie Case for Defamation

  • A prima facie case for defamation requires:

    1. A false and defamatory statement concerning the plaintiff.

    2. An unprivileged communication to a third party.

    3. Fault on part of the party making the statement.

    4. Damages.

  • Defamation Per Se:

    • Includes:

    1. Words imputing lack of chastity.

    2. Commission of a criminal offense.

  • Case reference: Burden v Elias Brothers Big Boy Restaurants 240 Mich App 723 (2000).

Page 16: Intentional Infliction of Emotional Distress

  • Definition: Outrageous conduct intended to cause emotional harm.

  • Prima Facie Case:

    1. Extreme and outrageous conduct.

    2. Intent or recklessness by the perpetrator.

    3. Severe emotional distress caused.

    4. Causation.

  • Case reference: Nelson v Target Corp 334 P3d 1010 (2014).

Page 17: Interference with Contractual Relations

  • Prima Facie Case for Interference with Contract:

    • Existence of a valid contract or prospective economic advantage.

    • Defendant's awareness of the contract and interference through fraud or intimidation.

    • Interference must be the proximate cause of damages.

  • Case reference: Monette v AM-7-7 Baking Company LTD 929 F2d 276 (6th Cir 1991).

Page 18: Theft of Trade Secrets

  • Definition: Proprietary information that may be protected by common law or state statute.

  • Courts can impose injunctions and award damages to protect trade secrets.

Page 19: Preliminary Injunction in Trade Secret Cases

  • Four Factors for Granting a Preliminary Injunction:

    1. A substantial likelihood of success on the merits of the case.

    2. Suffering irreparable injury.

    3. Substantial harm to others if the injunction is not granted.

    4. Serving the public interest.