Stare Decisis and Precedent

Legal concept intended to ensure that no ind lawfully

This preview shows page 1 out of 1 page.

: Legal concept intended to ensure that no ind lawfully do that which has a tendency to be injurious to the public or against the public good Whisteblowing 1) Federal Whistleblower Statute 2) Whistleblowers Protection Act 3) State protection Retaliatory Discharge Termination in response to an employee exercising rights provided by law. Constitutional protection 1) An employer is prohibited from termination a worker or taking other adverse employment action against a worker on the basis of the worker’s engaging in a cont protected activities. 2) Applies only where the employer is a public entity Retaliatory Discharge- Prima Facie Case Burlington Northern & Santa Fe Railway Co v. White Breach of Implied Covenant of Good Faith and fair Dealing Covenant of good faith and fair dealing : Implied contractual obligation to act in good faith in the fulfillment of each party’s contractual duties. (used in unions) A breach of implied covenant of good faith looks to the actions btw the parties to ascertain whether there were any violations of public policy. Implied Contract : An unexpressed contract that is created by words or conduct of the parties involved Melott v. ACC Operation, Inc Promissory Estoppel: Prima Facie Case 1) The employer made a promise 2) On which the worker reasonably relied 3) To the employee’s detriment Exceptions to at-will doctrine based on promissory estoppel Statutory Exceptions to employment at-will 1) Occupational Safety and Health Act 2) Fair Labor Standards Act 3) Pregnancy Discrimination Act Constructive Discharge : Occurs when the employee is given no reasonable alternative but to end the employment relationship
Image of page 1
You've reached the end of this preview.
  • Spring '12
  • DONNA
  • Law, Supreme Court of the United States, prima facie case, Fair dealing

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern