Term
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Definition
| Employer has control over Employee's work, provides tools, supervises, pays in intervals, & employs for long periods of time. ABLE TO SUE EMPLOYER FOR ACTIONS OF EMPLOYEE. |
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Term
| Independant Contractor Status |
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Definition
| IC is paid at the end, provides their own tools/materials, are not supervised. CANNOT SUE EMPLOYER OVER AN IC'S MISTAKE OR ACTION. CAN ONLY SUE THE INDEP CONTRACTOR!! |
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Term
| Alberty-Valdez v Corp. de Puerto Rico |
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Definition
| Court's definition of employment--> said A-V was not employee because she signed new contract for every episode and provided own wardrobe. Therefore she couldn't file for discrimination or wrongful discharge when fired. |
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Term
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Definition
| Respondeat Superior--only for EMPLOYEES, not ICs. Employer liable for actions within realm of employment. ie, Muller v Horton: priest/sex/pyschologist-- it was within his job description so she could sue church. |
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Term
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Definition
| Agents duty to Principal: must notify principal when they're working, have commercial/fiscal loyalty, keep track of $$ |
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Term
| Commercial/Fiscal Loyalty |
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Definition
| Agent will not make contracts where they earn the profit instead of their Principal company while they work for principal |
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Term
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Definition
| either party may terminate at any time. 2 weeks is NOT required, only common courtesy. Exception? WHISTLEBLOWING, Sarbanes-Oxley. Can't be fired for reporting illegal company activities. |
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Term
| Federal Labor Laws: "Right to Work" |
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Definition
| a statute that prohibits union-shop contracts, which would force employees to join a union and pay mandatory dues if they wanted to work at such a company. WA is not a "right to work", so company MAY have union-shop contracts. |
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Term
| State Workers' Compensation Laws |
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Definition
| Injured employees must make their claim through employer's WC policy instead of suing the employer, to collect unemployment. |
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Term
| Unemployment Compensation |
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Definition
| FUDA of '35 says if employer fires employee they must compensate them while they are unemployed UNLESS there was a reason/causation for them to be fired. |
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Term
| Employee Privacy Rights: ECPA |
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Definition
| Rights established to bridge protection for federal employees to all (previously state action was required). ECPA says employer can't intercept emails UNLESS they provide the PC, which they normally do. |
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Term
| Other Employee monitoring |
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Definition
| lie detector tests not required, drug testing = yes for federal employees, and differs in each state for private employers. Federal has not preempted this yet. |
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Term
| Title VII Civil Rights Act of '84 |
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Definition
| employers cannot discriminate based on RACE, COLOR, SEX, RELIGION, NAT'L ORIGIN |
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Term
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Definition
| men and women must be paid equal; pay can only differ because of skill level, etc and not sex. |
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Term
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Definition
| protects those over 40 years old from discrimination and favor to younger employees if able to perform same job requirements |
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Term
| Qualification to file an ADA complaint |
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Definition
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Term
| ADA- Americans with Disabilities Act |
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Definition
| Can't refuse to HIRE, or FIRE simply because of disability. |
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Term
| Qualifications to file and ADA violation claim |
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Definition
1) evidence of disability (physical/mental impairment substantially limits 1+ major life activities; case-by-case basis)
2)was otherwise qualified for position
3)was exluded from employment ONLY because of disability |
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Term
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Definition
| if disabled employee can perform the required task within reasonable accomodation, the employer must make this accomodation if it doesn't cause undue hardship |
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Term
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Definition
| distinctive mark, motto, etc. branded onto a product to distinguish it. |
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Term
| Trademark by Use: Common Law Trademark |
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Definition
| If someone is already using a name, motto, etc. without registering it first, it belongs to them still after some other party regists it but ONLY in the areas they used it before it officially became the other party's. HOLES IN THE SWISS CHEESE. |
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Term
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Definition
| phonetic or similar names count as infringement, EXCEPTION= if name becomes so common it is used to describe multiple things ie Kleenex. |
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Term
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Definition
| ie "playboy" -- using a TM to describe something or in general use, not trying to duplicate the meaning or cheat the owner |
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Term
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Definition
federal grant for the life of the author plus another 70 years. MUST BE:
1)fixed in a tangible medium
2)original
3)creative
ART IS INCLUDED--sooo subjective?! |
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Term
| Exception to Infringement Law |
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Definition
| copyrighted works can be used in CRITCISM, NEWS, COMMENTS, TEACHING & RESEARCH |
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Term
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Definition
| for inventions with useful purpose, such as a TOOL. good for 20 years of federal protection and then the rights are no longer exclusive. |
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Term
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Definition
| Hacking or taking secret company information = THEFT OF TRADE SECRETS |
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Term
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Definition
| When an estate is granted/willed to someone for their lifetime, but after they die it has another specified owner. Life estate owner may live on it and reap it's fruits but not remove any of the property itself. |
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Term
| NonPossesory Interests: Easement v Profit |
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Definition
1) right to make limmited use of another's property
2) right to take from another's property |
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Term
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Definition
1) when the owner of the easment/profit owns the property right next to what they're using/taking from
2) when the owner of the e/p's property is not adjacent to the property they're using or taking from. |
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Term
| How to get easment/profit |
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Definition
| deed, will, contract, NECESSITY--i.e. using someone's property as your driveway for x number of years and then you own rights to it |
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Term
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Definition
best kind of deed. Tells buyer that seller...
a)owns the good title to the prop
b)doesn't have liens or deeds
c)guarentees QUIET ENJOYMENT, or no superior prop. owners coming trying to take your land |
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Term
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Definition
| limits the scope of protection-- doesn't guarentee the liability of seller if there is a superior property owner who had rights to the property BEFORE the seller acquired it. |
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Term
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Definition
| TITLE INSURANCE protects against CLOUDS (defects, potential defects like someone owning a superior title) |
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Term
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Definition
| Sale Agreed upon with EARNEST MONEY. States Seller can't accept other offer while buyer is getting finances together. If buyer backs out in the end, then seller gets the Easement $$, otherwise it goes towards the closing costs of the sale. |
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Term
| Transfer by Adverse Possession |
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Definition
Person A has been using Person B's property for X (specified by state) number of years AND...
1)it's been actually, continuous and open
2)exclusive
3)notorious and peaceable
4)adverse (intent to stay) |
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Term
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Definition
| requires "just compensation" but they don't have to pay for what they don't use; don't have to use your whole property |
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Term
| Tenant/LL Quiet Enjoyment |
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Definition
| LL promising the Tenant that no "real LL" will come and demand money, or no mortgage collector will come trying to collect. In this case, Tenant may sue LL for violation. |
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Term
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Definition
| LL breaches contract or makes it impossible for tenant to enjoy |
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Term
| Implied Warrant of Habitability |
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Definition
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