Employment Law- Test 2 Questions With Well Defined Correct Answers Success Guaranteed.

What does CEPA stand for? - correct answer The Conscientious Employee Protection Act What is CEPA? - correct answer NJ's anti-retaliation statute. More severe than the other torts. Why is CEPA in place? - correct answer -to encourage whistleblowers to report wrongdoing to their employers without the fear of reprisals. -to encourage employees to come forward with information regarding illegal or unethical practices, policies, or acts by their employers Who does CEPA cover? - correct answer -public and private employees -at-will employees -employees covered by collective bargaining agreements -sometimes: independent contractors -healthcare workers who report incidents of patient mistreatment or improper quality of care -Employees who report misrepresentation or deception to shareholders, investors, clients, customers, etc. In order for CEPA protections to apply... - correct answer An employee must be employed by the employer at the time of the alleged act -Will not cover post-employment acts CEPA only protects employees who... (3 things) - correct answer 1. Disclose (or threaten to disclose) to a supervisor or public body any conduct, policy, activity, or practice that the employee reasonably believes is illegal. 2. Give testimony or provide information to a public body investigating the misconduct. 3. Refuse to participate in any act, policy, or practice that the employee thinks is illegal, criminal, fraudulent, or in violation of a clear mandate of public policy related to public safety, health, welfare, or environmental protection. What does CEPA prohibit? - correct answer Prohibits employers from taking retaliatory actions against employees who engage in activities protected by CEPA. What actions have been found to meet the definition of a retaliatory adverse employment action? - correct answer 1. Termination 2. Demotion 3. Suspension **Other actions may qualify as retaliatory if the employee receives a lasting prejudice and their compensation or rank changes -Minor actions may not qualify- several minor actions may. What is front-pay? - correct answer when an employer cant find a job going forward because the career was damaged -Gets paid their salary for a period of time What are compensatory damages? - correct answer Compensate an individual who was been damaged to make them whole again. What are punitive damages? - correct answer Punish the employer and make an example out of them What is a fee-shifting statute? - correct answer Fees shift to the employer so they play the plaintiffs lawyer and court fees if they win What is the statute of limitations for a CEPA claim? - correct answer 1 year The burden of proof for a CEPA claim rests with who - correct answer The employee What must an Employee prove to avoid their CEPA claim being dismissed? Elements of a CEPA claim... - correct answer 1. Show that you performed a protected whistleblower act 2. Show that the employer took adverse employment action against you 3. Demonstrate that without the whistleblower act, the employer would not have taken that adverse action against you. Once you prove the validity of a CEPA claim, what is next? - correct answer The employer has to prove that it had a non-discriminatory reason for the adverse action Do employees have to prove that their employers actually violated a law? - correct answer No- it only requires that the employee possessed a reasonable belief that his/her employer committed an illegal act. If you win the CEPA case you can get...? - correct answer 1. Injunctive relief: make the employer stop the behavior 2. Reinstatement to their position 3. Compensatory damages (lost wages and benefits as well) 4. Punitive Damages: extra to prevent them from doing it again in the future 5. Attorney fees and court costs: paid by the employer if the employee wins. Does CEPA have a criminal provision? - correct answer Yes- executives can be put in jail for performing illegal acts What is different about Montana? - correct answer You cannot discharge an employee without "good cause". -It is the only state to have this standard for employees without a contract for a specific duration. What is the Law that Montana has in place? - correct answer WDFEA- Wrongful Discharge from Employment Act If you deny arbitration in Montana and you lose..... - correct answer you have to pay the EMPLOYER's attorney fees. What is injunctive relief? - correct answer You can make a party do something or not do something- cannot sue for money Ex with CEPA: make them hire the employee back the WDFEA prohibits private employers from terminating employees under the following circumstances... - correct answer 1. The discharge was in retaliation for the employee's refusal to violate public policy or for reporting that public policy violation 2. The discharge was not for good cause and the employee had completed the employer's probationary period of employment (not irrationally long either) 3. The employer violated the express provisions of its own written personnel policy. How does the WDFEA define discharge? - correct answer -Includes constructive discharge; meaning the work environment is so intolerable that they must quit. -Cannot include employees that resign because they didn't get a raise, promotion, etc. How does the WDFEA define "good cause"? - correct answer Reasonable job-related grounds for dismissal based on failure to satisfactorily perform job duties, disruption of the employer's operation, or any other legitimate business reason. What can an employee win from a WDFEA case? - correct answer -Lost wages and benefits -Punitive Damages in some cases What are the limitations of the WDFEA? - correct answer -No damages for pain and suffering and emotional distress -This limits the damages to being a violation of public policy What is the tort of IIED? - correct answer It is the tort of Intentional Infliction of Emotional Distress What is the definition of IIED? - correct answer Extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress An IIED claim requires proof of the following elements... - correct answer 1. Extreme and outrageous conduct 2. Intent to cause, or disregard for causing, severe emotional distress. 3. A causal connection between the conduct and injury 4. Severe emotional distress Severe Emotional Distress - correct answer May need counseling as a result. Battery - correct answer Physical conduct Is an IIED case easy to win? - correct answer No- courts have made it fairly difficult to succeed in proving that conduct was severe enough. -The phrase outrageous and severe is subjective in nature How do courts define extreme and outrageous? - correct answer -Goes beyond all bounds of decency -Regarded as atrocious -Utterly intolerable in a civilized community What does the IIED not include as outrageous? - correct answer Insults, indignities, threats, annoyances, petty oppressions, or other trivialities State Farm vs. Novotny - correct answer