Claim except that the promise implied or express does

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claim except that the promise, implied or express, does not rise to the level of a contract; the plaintiff must show that the employer or prospective employer made a promise upon which the worker reasonably relied to his or her detriment; often the case turns on whether or not it was reasonable for the worker to rely on the employer's promise without an underlying contract - p. 43 - Introduction to Wrongful Discharge - compensatory damages - money damages given to a party to compensate for direct losses due to an injury suffered - punitive damages - money damages designed to punish flagrant wrongdoers and to deter them and others from engaging in similar conduct in the future - constructive discharge - occurs when the employee is given no reasonable alternative but to terminate the employment relationship; considered an involuntary act on the part of the employee (p. 44) - retaliatory discharge (p. 47) - discharge in retaliation for exercising specific rights - p. 50 - constitutional protections - if the state constitution gives you more protection than the federal constitution, you may assert the greater protection - LAD (Law Against Discrimination) in New Jersey - allows age discrimination suits younger than age 40 - military leave - Uniformed Services Employment and Reemployment Rights Act (USERRA) - p. 54 - Covenants not to compete "Noncompete Agreements" -
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  • Spring '13
  • WEINSTEIN
  • Arbitration, At-will employment

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