Employment Law Advani Midterm Exam With Questions And Accurate Verified Correct Detailed Answers.

4 elements of Intentional Infliction of Emotional Distress - correct answer 1) extreme or outrageous conduct by employer 2) intent to cause, or disregard of a substantial probability of causing severe emotional distress 3) a causal link between the conduct and injury 4) severe emotional distress 4 elements of a claim of Wrongful Discharge in Violation of Public Policy - correct answer 1) CLARITY - she was engaged in conduct protected by a clearly defined public policy 2) JEOPARDY - dismissing the employee would jeopardize or undermine the public policy 3) CAUSATION - a causal link existed between the employee's conduct and the discharge 4) ABSENCE OF JUSTIFICATION - no other justification for the termination 4 activities protected by the Tort of WDVPP - correct answer 1) Refusing to engage in illegal conduct 2) Performing a public obligation 3) Exercising a legal right or privilege 4) Reporting a statutory violation for the public's benefit 5 elements of Intentional Interference with Contractual Relations - correct answer 1) Existence of a valid contractual relationship 2) Knowledge of the relationship on the part of the interferer 3) Intentional interference inducing or causing a breach or termination of the relationship 4) The interference was improper 5) Resulting damages What are the contract exceptions to the at-will doctrine? - correct answer 1) Written 2) Oral 3) Implied What are the implied contract exceptions to the at-will doctrine? - correct answer 1) Fact (Pugh, no other employee was fired at will) 2) Handbooks (Woolley v. HL, no disclaimer) 3) In-law (Promissory Estoppel and Covenant of Good Faith and Fair Dealing What are the tort exceptions to the at-will doctrine? - correct answer 1) Negligence (Wrongful Discharge in Violation of Public Policy) 2) Intentional (Intentional Infliction of Emotional Distress, Intentional Interference with Contractual Relations) What are the statutory exceptions to the at-will doctrine? - correct answer 1) CEPA (NJ) [Conscientious Employee Protection Act] 2) WDFEA (MO) [Wrongful Discharge From Employment Act] WDFEA - correct answer - rarity, Montana is the ONLY state with the statute - Every private sector employee can make it past an employer's probationary period and become just cause - Either party can offer arbitration, but if the person who declines it loses, they must pay the other party's attorney's fees - Discharge includes constructive discharge, but not if the employee quits because they did not receive a promotion - Wrongfully discharged employees can be awarded lost wages and benefits What is CEPA law? - correct answer LAW THAT PROTECTS EMPLOYEES FROM EMPLOYER RETALIATION IN THE STATE OF NEW JERSEY Employer cannot retaliate against an employee who: a. discloses, or threatens to disclose, activity they deem to be in violation of law, or fraudulent or criminal b. provides information to or testifies before a public body investing the employer's conduct c. objects to or refuses to participate in any activity they reasonably believe: is illegal, fraudulent or criminal, or incompatible with a clear mandate of public policy What are the statutes of limitation for CEPA and tort claims? - correct answer CEPA = one year Tort claims = two years Constructive discharge - correct answer employee quits because working conditions are intolerable Promissory Estoppel - correct answer A doctrine that applies when a promisor makes a clear and definite promise on which the promisee justifiably relies; such a promise is binding if justice will be better served by the enforcement of the promise. Covenant of Good Faith and Fair Dealing - correct answer An implied covenant under which the parties to a contract not only are held to the express terms of the contract but are also required to act in "good faith" and deal fairly in all respects in obtaining the objective of the contract. In a case of IICR, who sues whom? - correct answer If B terminates with A because C interfered, A sues C In a case of COGFAFD, who sues whom? - correct answer A intentionally deprives B of the fruits of a contract. Can be mutual, either party can deprive. The deprivee will sure the depriver. If A has a contract with B, and B leaves a contract, what can A sue for? - correct answer TWO THINGS: 1) Covenant of Good Faith and Fair Dealing 2) Breach of Contract Pugh v. See's Candies, Inc. - correct answer Facts: EY worked for ER for 32 years and had risen through company to high level from dishwasher. Suddenly fired, and told to look in himself; they treated him as at will. EY claims factors established an implied-in-fact promise for continued employment. Holding: EY established prima facie case for breach of an implied contract due to factors: 1. 32 years of servi