business law 2 chapter 22,23,24
secondary boycott
this action is a conspiracy in which a union places pressure on a neutral customer or supplier with whom the union has no disputes to cause the neutral entity to cease doing business with the employer with whom the union has a dispute
negligent supervision
this lack of proper management is referred to as this tort
revocation
acting with or without cause the principal may terminate the agreement by simply recalling the agents authority to act.
parietally disclosed principal
exists when the agent in dealing with the third parties reveals the existence of an agency relationship but does not identify the principal
military caregiver leave
An employer must give an employee up to 26 weeks of leave time in a 12 month period to care for a family member who has sustained a serious illness or injury that occurred because of military service
negligent hiring
incompetent's, dangerous, or aggressive employee
objectives test
a court could issue an injunction if it determined that the goal of a strike was unlawful
del credere agent
a factor who guarantees the credit of a third party to a principal and guarantees the solvency of the purchaser and performance of the contract. in events of default agent is liable to the principal
renunciation
agents may terminate by simply giving notice to principals that they are quitting
consensual
an agency relationship is always consensual because the agent must agree to act for the principal
hot cargo contract
an employer voluntarily agrees with a union not to handle, use, or deal in nonunuion produced goods of another employer
lingering apparent authority
apparent authority may be created if the principal terminates an agents actual authority but fails to give proper notice of that termination to those who are entitled to receive such notice
bargaining unit
are benefited by the collective bargaining agreement negotiated by the union, even if they have not paid union dues
electronic agent
can be characterized as a computer program that acts without human intervention to begin an activity answer cyber messages deliver or accept electronic mail or enter electronic contracts as a representative of an individual who does not intervene in the action taken by the electronic agent at the actual time of the electronic agents activity.
qualifying exigency leave
employees are permitted to use as mush as 20 weeks to take care of certain nonmedical emergencies during the time that a spouse, child, or parent is on active duty in the military.
grievance procedure
employees have the right to appeal any employers decision that they think violates just cause.
retaliation
for an employees actions the lawsuit may be found not only in tort law as a public policy tort but also in federal employment legislation
implied covenant
holds that there is an implied promise in any employment relationship that the employer and the employee will be fair and honest with each other
gratuitous agency
if an agency relationship does not result from a contract
employment contracts
individuals with unique abilities, special talents, or a highly specialized education often have the flexibility to negotiate their own
implied contract
involves an employment relationship that would have been at will had the employer or agent of the employer not said, done, written, email, or print something that created a workplace environment that implies the existence of a contract
scope of employment
involves the range of activities for which the servant is engaged
arbitration
involves the submission of the dispute to selected persons and the substitution of their decision for the judgment of the NLRB
durable health care power of attorney
is a document that is made by an adult who is mentally competent which empowers the principals agent to decide issues of health care for the principal when that principal has lost the innate ability to decide on health care issues for himself
DNR identification
is a document, a form, a necklace, bracelet, or other identification technique other life prolonging activities, as specified by statutory law
anatomical gift
is a donation made in advance usually by notification on a state drivers license or a state ID that indicates a persons desire to donate all or part of his or her body after death for the purpose of transplantation, treatment, research, or training.
agency
is a legal relationship in which one party, the agent, transacts business for and under the control of the second, the principal
independent contractor
is a party who agrees to do a job and retains complete control over the methods employed to obtain final completion
master
is a person who has the right to control the activities of another person
special agent
is a person who is authorized to conduct only a particular transaction conduct a series of related transaction or preform only a specified act for the principal
general agent
is a person who is given broad authority to act on behalf of the principal in conducting the bulk of the principals business activity on a daily basis
union shop
is a place of employment in which the nonunion workers may be employed for a trial period of not more then 30 days after which the nonunion worker must join the union or be discharged
closed shop
is a work site in which the employer, by agreement, hires only union members in good standing
agency coupled with an interest
is an agency agreement in which the agent is given an interest in the subject matter of the agency in addition to compensation for service rendered to the principal
living will
is an instrument that declares an individuals desires in relation to the withholding or the withdrawal of life prolongation treatments
labor union
is an organization that acts on behalf of all employees in negotiations with the employer regarding the terms of their employment.
express authority
is created at the same time that the principal appoints the agent and creates the agency relationship
metadata
is data about data and includes such things as archival metadata, financial metadata, product metadata .... page 669
economic realities test
is generally tailor made to reflect the goals of each statute and is , thus, a fairly flexible rule. similar to control test used in respondear superior
Collective Bargaining Agreement (CBA)
is negotiated by employer and the labor union
nondelegable duty
is one that the proprietor cannot delegate, or pass off, to another party
social media policy
is set of rules written by an employer telling employees what they can and cannot do when using electronic communication devices, formats, websites, blog, text, email.
third party
is the individual with whom the agent deals for the principal.
featherbedding
it is also an unfair labor practice for a labor union to require an employer to keep unneeded employees, pay employees for not working, or assign more employees to a given job than are needed
company run union
it is unfair practice to aid one union over another, place employer spies at union meetings, reward some union officials, or agree to a union that close shop
respondeat superior
let the master ,or superior, respond
terminal condition
means an irreversible, incurable, and untreatable condition caused by disease, illness or injury from which to a reasonable degree of medical certainty as determined in accordance with reasonable medical standard by a declarants attending physician and one other physician who has examined the declarant there is no recovery
uniform durable power of attorney act
must loo up most up dated low in your state
ratification
occurs when the principal approves the authorized act performed by an agent or by one who has no authority to act as an agent
disclosed principal
one whose identity is known by the third parties dealing with that principals agent
factor
or a common merchant, is a special agent who is employed to sell merchandise consigned for the purpose
right to work law
outlaw both the close shop and the union shop.
indemnification
payment for loss or damage suffered
collective action
permits a small number of employees to bring a lawsuit represents a large collective group of employees who are similarly situated on the job
durable power of attorney
preserves the authority of an agent should the principal become incapacitated.
sovereign immunity
prevents lawsuits against a government authority without the governments consent
charitable immunity
protect churches from liability for lawsuit base on tort law. finds it origins in english common law
control test
requires that we look at the degree of control, or right to control, that the hiring person exercises over the hired person.
disclaimer
says that regardless of provisions or policies in the employee handbook and regardless of any oral promises to the contrary, an employment at will situation still exists between the employer and its employees
constructive discharge
sometimes employers will engage in conduct that adversely affects the employees working conditions without actually terminating the employment relationship itself
chapter 23
starts here
chapter 24
starts right here
death statute
states that "an individual is dead if the individual has sustained either irreversible cessation of the circulatory and respiratory functions of the brain, including the brain stem, as determined in accordance with accepted medical standards
unfair labor practices
that is improper employment practices by either an employer or the union
sui generis
that is, a law unto itself
implied authority
the agent authority to perform acts that are necessary or customary to carry out expressly authorized duties
means test
the court could stop a strike if it was conducted in an unlawful manner
vicarious liability
the distinction between master- servant and proprietor- independent contractor relationships is especially critical in determining the nature and the extent of tort liability.
proprietor
the party for which an independent contractor works for. has the right to specify the results of the job in question
tortfeasor
the person hired
servant
the person whose activity are controlled. has the right to conduct the business of the master
scope of authority
the range of acts authorized by the principal
workers compensation
these statutes compensate covered workers or their dependents for injuries, disease, or death that occur on the job or as a result of it.
negligent retention
when a employer learns the the employee is all this and does not discharge the employee.
apparent authority
when a principal, by word or actions, leads a third party to believe that a non agent is a agent, that principal has clothed that non agent
undisclosed principal
when an agent does not reveal the existence of an agency relationship but appears to act on his own behalf rather than for another
wrongful discharge
which is also referred to as unjust dismissal in some states, gives employees legal grounds for a lawsuit against employers who have dismissed them unfairly
constructive discharge
which occurs when an employee is demoted to a job with lesser pay or authority or poorer working conditions than a previously held job or when the employee is subjected to harassment.
employment at will
which says that an employer can dismiss an employee at any time for any reason.