Business Law Week Notes
Business Law Week Notes BLAW 3080
Popular in Legal Environment of Business
Popular in Business Law
This 3 page Class Notes was uploaded by Madison Morman on Friday April 8, 2016. The Class Notes belongs to BLAW 3080 at University of Cincinnati taught by Peter Burrell in Summer 2015. Since its upload, it has received 18 views. For similar materials see Legal Environment of Business in Business Law at University of Cincinnati.
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Date Created: 04/08/16
Under Common Law Doctrine Contributory Negligence: If plaintiff in any way caused his injury, he was barred from recovery. Comparative Negligence: Computes liability of plaintiff and defendant and apportions damages Most states have replaced contributory negligence with the doctrine of comparative negligence Strict Liability: They are responsible even if they weren’t liable Product liability: Burden to prove the product was defective and that it caused injury Employment Law First hire employee, then conduct a bargaining to form a contract Employees used to not care about employees, but now it’s changing At-Will Employment: Serve at-will of employer; employer has right to terminate relationship at anytime At-Will Exceptions Employees of the state/city: Governed by civil service rules Employees with individual contracts: Highly compensated executives Union Employees with Union Contracts: Reps have collective bargaining agreement, which contains “just clause” that says ER must have a good reason to terminate that employee. Agency: Principle and Agent; two party relationship where one party acts for other; agency serves as important social function; increases commercial activity Agency is a “fiduciary” relationship based on trust and confidence Agent’s Duties to the Principle 1. Loyalty: Duty as fiduciary (no conflict of interest) o May not compete with principle or disclose confidential information 2. Notification: All matters concerning subject matter of agency go to principle Obedience 3. Act with Care and Skill Principle’s Duties to the Agent 1. Compensation (expressed/implied) 2. Reimbursement & Indemnification 3. Cooperation 4. Safe Working Conditions Doctrine of Respondeat Superior: Employer is liable for employee’s negligent torts committed within agent’s “course and scope” of employment. Title VII of Civil Rights Act of 1964: Prohibits discrimination based on race, religion, national origin, and gender/sex. Antidiscrimination laws changed the at-will rule ER’s may terminate EE’s at any time, and for any reason, that is not illegal Age protected under ADEA Disability protected under ADA Ways to Prove Unjust Termination 1. Inconsistent treatment compared with peers 2. Deviation from prior practice or policy 3. Statements made that are discriminatory 4. Statistics show a reduction in type of workers Plaintiff must exhaust administrative remedy through EEOC within 300 days Can get emotional distress, punitive damages, ER must pay attorney fees Harassment based on race, sex/gender, religion, or national origin Any harassment based on these qualities violate T7 Sexual Harassment (two types) 1. Quid Pro Quo (“this for that”): Job benefits in exchange for sexual favors Supervisor offers benefits OR threatens adverse action if EE doesn’t comply with request for sexual favors Key points: Involve supervisor, if proven, ER is liable for supervisor’s conduct, evidence of other similar behavior by this same supervisor is acceptable Love-Contract: If small company, when supervisor and employee date, they come in and the company protects itself by making both parties enter into this contract. 2. Hostile Work Environment: Workplace is poisoned by gender- based inappropriate conduct that causes employee to be less productive This is the most common claim, conduct doesn’t need to be tangible job benefit, or just the supervisor, can be customer, co- worker, etc. Conduct that can give rise to HWE: sexual gestures, asking about sexual history, referring to women as baby etc, unwanted pressure for dates, physical conduct, sexual jokes, attempted rape. Burden of proof: Must prove they are a protected class, it was unwanted, it was sufficiently severe/pervasive to create a hostile work environment Courts: Look at frequency and severity of conduct, if conduct is physically or psychologically threatening, and if conduct unreasonably interferes with employee’s work performance.
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