workers who are impacted by disabilities - Genetic Information Nondiscrimination Act—newest of the four; bans certain uses of genetic tests that tries to make forecasts about whether somebody will get sick in the future - Currently, federal government doesn’t ban other types of employment discrimination such as sexual orientation regulation. Companies as far as the federal government is concerned can still discriminate someone from being gay. However, many local governments have gone beyond federal law. Right now, 20/50 states have banned sexual orientation discrimination. - Family and Medical Leave Act o If you qualify, you can require a company to give you up to 12 weeks off of work to deal with childbirth, adoption, serious medical condition within immediate family o Companies don’t have to pay you salary or wages while gone, but they do have to put you back to work when you return o Only applies to companies with 50 or more employees - Employment At Will Doctrine—companies can fire people at any time for any reason as long as they aren’t violating any specific law o If a worker is fired for a reason that’s not prohibited by law; if he’s fired for wearing an ugly tie and they’re fired…an employee can always be terminated as long as the employer doesn’t violate some law by firing the employee Safias notes Agency and employment law Nature of the agency relationship ● Principal: person who wishes to accomplish something ● Agent: employed to act in the principal’s behalf to achieve it ● Creation of the agency relationship ○ Necessary elements: consent ○ General power of attorney grants the agent broad powers to act on the principal’s behalf ○ Special power of attorney: act only in narrow ways ○ Durable: assigns a relative as agent ● Necessary element: capacity ● Duties owed by agent to principal ○ Obedience-not required!
○ Reasonable care ○ Duty to account ○ Duty to notify ○ Loyalty Girard V Myers ● Myers bought land and divided it into parts ● Each part had an investor and then he created a contract with investors about right of refusal and the opportunity to either buy the land at a lower price or get commission off of the sale ● Termination by act of the parties ○ Fulfilment of purpose ○ Lapse of time ○ Occurrence of a specified event ○ Mutual agreement ○ Act of one party ● Termination by operation of law ○ Death or insanity ○ Bankruptcy ○ Miscellaneous changes of condition Agency law ● Agents authority ○ Express authority: directly granted to the agent ○ Implied authority- what is customary ○ Incidental authority: unless the principal has indicated otherwise, his or her agent has implied authority to do those things that are reasonable and customarily necessary to enable that person to accomplish the overall purpose of the agency ● Ratification of unauthorized transactions ○ Express ratification ○ Implied ratification ○ Requirements for ratification ■
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- Spring '08