UNIT 5 HOMEWORK LAW 206
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American Military University *
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Course
206
Subject
Law
Date
Jan 9, 2024
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docx
Pages
2
Uploaded by ProfessorRam11604
1.
Workers’ Compensation allows employees to recover under strict liability. Explain
what this means. What can an employee recover under Workers’ Compensation?
“Removing any need to prove employer negligence. They also eliminate the employer’s
three traditional defenses: contributory negligence, assumption of risk, and the fellow-
servant rule.”
LangVardt, A.W., Barnes, A.J., Prenkert, J.D., McRrory, M.A., & Perry, J.E. (2019).
Business Law
(17
th
ed.) (P.1457)
What an employee can recover under Workers’ Compensation is.
“(1) hospital and medical expenses (including vocational rehabilitation), (2) disability
benefits, (3) specified recoveries for the loss of certain body parts, and (4) death benefits
to survivors and/or dependents. But the amount recoverable under each category of
damages frequently is less than would be obtained in a successful negligence suit. Thus,
injured employees sometimes deny that they are covered by workers’ compensation so
that they can pursue a tort suit against their employer instead.”
LangVardt, A.W., Barnes, A.J., Prenkert, J.D., McRrory, M.A., & Perry, J.E. (2019).
Business Law
(17
th
ed.) (P.1458)
2.
After reading
Sheets v. Teddy’s Frosted Foods,
and the public policy exception to
employment at-will, on page 1490 of the textbook, explain the common law action
for wrongful termination under the public policy exception on the doctrine of
employment at-will.
The common law action for wrongful termination under the public policy exception on
the doctrine of employment at-will is.
“It usually is a tort claim. In public policy cases, the terminated employee argues that his
discharge was unlawful because it violated the state’s public policy.”
“Successful suits under the public policy exception usually involve firings caused by an
employee’s (1) refusal to commit an unlawful act (e.g., committing perjury or violating
the antitrust laws), (2) performance of an important public obligation (e.g., jury duty or
whistleblowing),27 or (3) exercise of a legal right or privilege (e.g., making a workers’
compensation claim or refusing to take an illegal polygraph test). A prima facie case of
wrongful termination in contravention of public policy typically includes three elements.
A plaintiff must show: (1) that the state has a clear and substantial public policy related to
the plaintiff’s conduct; (2) that the termination would discourage the plaintiff’s conduct
and thereby jeopardize the public policy; and (3) that the plaintiff’s conduct, which
supports the public policy, caused the termination. A plaintiff who proves these elements
will win unless the employer can prove that it was justified in terminating the plaintiff’s
employment based on legitimate business reasons.”
LangVardt, A.W., Barnes, A.J., Prenkert, J.D., McRrory, M.A., & Perry, J.E. (2019).
Business Law
(17
th
ed.) (P.1490)
3.
Who is a covered employee under the Family and Medical Leave Act (FMLA) and
what is a covered employee entitled to under the FMLA?
A covered employee under the Family and Medical Leave Act (FMLA) is.
“Those employed for at least 12 months, and for 1,250 hours during those 12 months, by
an employer employing 50 or more employees at the employee’s work site or within a
75-mile radius of that work site. Covered employers include federal, state, and local
government agencies.”
What a covered employee is entitled to under the FMLA is.
“A total of 12 workweeks of leave during a 12-month period for one or more of the
following reasons:
the birth of a child and the need to care for that child; (2) the adoption of a child; (3) the
need to care for a spouse, child, or parent with a serious health condition; and (4) the
employee’s own serious health condition.”
LangVardt, A.W., Barnes, A.J., Prenkert, J.D., McRrory, M.A., & Perry, J.E. (2019).
Business Law
(17
th
ed.) (P.1460)
4.
What are the requirements for an employee to be covered under the ADEA?
The requirements for an employee to be covered under the ADEA is.
“The ADEA covers individuals, partnerships, labor organizations and employment
agencies (as to their employees), and corporations that (1) engage in an industry affecting
interstate commerce and (2) employ at least 20 persons. Referrals by an employment
agency to a covered employer are within the ADEA’s scope regardless of the agency’s
size. In addition, the ADEA reaches labor union practices affecting union members;
usually, unions with 25 or more members are covered.”
LangVardt, A.W., Barnes, A.J., Prenkert, J.D., McRrory, M.A., & Perry, J.E. (2019).
Business Law
(17
th
ed.) (P.1477)
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