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.