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GBL 385 Exam 4 2024/5. (Answered) 70 Questions and Correct Answers. 100% Correct.
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GBL 385 Exam 4 2024/5. (Answered) 70 Questions and Correct Answers. 100% Correct.
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GBL 385 Exam 4 2024/5. (Answered) 70Questions and Correct Answers. 100% Correct.
Employment Law
An Employer cannot terminate employees for...
-refusing to carry out illegal activity
-exercising legal right
-performing a legal duty
-whistleblowing
Whistleblowing
reporting the employer's wrongdoing
Employment at Will Doctrine
-No agreement exists defining how long the employment relationship will last.
-Either the employer or the employee can terminate employment at any time.
-The employer can terminate with cause or for no cause.
Exceptions to Employment-at-Will Doctrine
-Employment for cause
-Contracts for a fixed period of time
-Statutory Exception
-Public Policy Exception
Family Medical Leave Act
requires covered employees to provide employees job-protected and unpaid leave for qualified medical
and family reasons; allows 12 weeks of unpaid leave
Eligibility for Family Medical Leave Act
- been at the business for at least 12 months
- worked at least 1,250 hours over past 12 months
- work at location where the company employees 5-+ employees within 75 miles
Just Cause
a burden of proof or standard that an employer must need to justify discipline or discharge - violation of
a company policy or rule
For Cause Employment
you can only lose job if company can prove legitimate business reason; an exclusive remedy for engraved
employee, no litigation
, Who decides what constitutes just cause?
employer will have an agreed upon arbitrator of peer review
When an arbitrator looks at just cause, what questions does it ask? (2)
-Has the wrongdoing been proven by the employer?
-whether the method should be upheld or modified
EAWD
employment contracts that we hear about with exceptions to the norm (IZZO)
Remedies for Employment Discrimination
1. reimbursing attorney's fees
2. placing victims in the position they would've been in
3. paying compensatory damages
4. reimbursing any benefits that were lost
5. preventing further discrimination by stopping discriminatory practices involved
Does Michigan Allow sexual orientation as a defense for discrimination regarding employment?
No, but 20 states do.
40 cities have enacted ordinances including E.L. Ann Arbor and Detroit
Fixed Term Contract
contractional relationship b/w an employee and an employer that lasts for a specified period of time
Fixed Term Contract Exception
if >1yr, it must be in writing, and employee must cover if contract is broken
Statutory Exceptions
Civil Rights Acts
Equal Pay Act
Whistleblower Acts
Labor Statutes
Wage and Hours Laws
Merit Defense
If you have a poor job performance record, then this will overshadow any employment discrimination
claim
Bono Fide Occupational Qualification defense
only individuals of particular class can do a certain type of job; represents a legit qualification for a job
that is actually not aimed at a particular class
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