What am I?
In Railroad Co. v. Hanning, the United States Supreme Court used this test for the first time to determine if a worker is an independent contractor
What is the Common Law Control Test?
These are the three major common law exceptions to employment at will:
What are:
1. Public policy
2. Implied contract
3. Implies covenant of good faith?
In contrast to employment at will, a contract of employment for a specified period ordinarily may be terminated for this reason only.
What is only for good cause/just cause?
In 1908, the US Supreme Court ruled in this case that contracts for employment are: “subject to the condition that no contract, whatever its subject matter, can be sustained, which the law, upon reasonable grounds, forbids as inconsistent with the public interests or as hurtful to the public order or as detrimental to the common good.”
What is Adair v. US (1908)?
These are the two primary defenses to a defamation claim.
What are truth and privilege?
California codified this three part test from Dynamex to determine if a worker is an independent contractor
What is the ABC test?
These are the three major contractual exceptions to At-Will employment:
What are:
1. Additional Consideration
2. Promissory estoppel
3. Implied contract
The following offer would create what type of relationship?
Starting today Oct. 21, I will guarantee you 40 hours of work per week throughout the entire year each year until you retire of your own choosing.
What is an ordinary employment-at-will relationship?
Public policy can be found in these three areas of the law.
What are:
1. Federal and state constitutions
2. Federal and state legislation
3. Common law
Employer X tells Employer Y, who wants to hire Sue, that he has documentation to show that Sue has been absent 20 times in past year. Sue sues for defamation. The court will rule against Sue for this reason.
What is: True statements, however damaging, are not actionable as defamation?
In United States v. Silk, 331 U.S. 704 (1947), the United States Supreme Court established the foundation of yet another test to determine if a worker is an independent contractor.
What is the Economic Reality Test?
An employee will be unsuccessful in suing under this doctrine after moving from one state to another to take a position.
What is the "additional conseration" exemption to the employment at will doctrine?
In this case, the parties, with their lawyers, agreed on all terms except how best to transfer the stock, and the employee began to work. Two months later, the owner signed a written employment contract, which the employee declined to sign because it did not resolve the stock-transfer uncertainty.
What is Tropicana v. Speers?
DAILY DOUBLE!
Courts will find that administrative regulations may also establish public policy sufficient to support a wrongful discharge claim if those regulations affect any of these 3 areas:
What are regulations affecting public safety, health, or welfare?
The battle in an employment defamation case generally centers around these two issues.
What is: (1) whether the statement was made in good faith or with malice; and (2) whether the party to whom the employer made the allegedly defamatory statement had sufficient interest in receiving the information?
Today, all employees (not independent contractors) in the United States are divided into these two categories:
What are:
1. Just-cause employees
2. At-will employees
This is the theory for remedy for wrongful termination that is available only in the absence of a valid and enforceable contract and only before the first day of work.
What is Promissory Estoppel?
Absent this, courts generally reject "lifetime employment."
What is additional consideration?
This act protects Federal government employees for reporting a violation of any law, rule, or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
What is the Whistleblower Protection Act of 1989, which established the Office of Special Counsel (OSC) to investigate allegations of retaliation in response to whistleblowing?
Employer X says that Jane is a “cancer on the operations of this company.” Jane sues for defamation. A court may rule against Jane for this reason.
What is a statement of opinion and not fact; therefore not defamation?
Unless proven otherwise, the courts will assume this type of employment relationship.
What is "at-will" (in all U.S. states except Montana)?
This is a kind of contract that can be created by written representations such as an employee handbook, oral representations, the conduct of the parties, or a combination of oral/written representations and conduct.
What is an implied in fact contract?
In this case, the plaintiff was fired for dishonesty not because he affirmatively lied, but because he kept quiet when asked about drug use when asked.
What is Benson v. AJR?
Employee E receives a jury summons and promptly informs employer X that E will be absent from work for the period of jury service. X discharges E for missing work while on jury duty. X has done this in violation of this.
What is wrongful discharge in violation of public policy?
In this employment law case, proceeding on a tort theory, the plaintiff sued after he lost his job during a company merger.
What is Kumpf v. Steinhaus?