Deck 27: Employer and Employee Relations

Question 1

If an employer who has a contract with a union still makes a contract individually with each employee, what meaning does the contract with the union have?

Answer 1

An employer keeps an individually contract with every employee even after having a contract with a union for keeping the collective terms and making the employees aware of them.
The union contract helps the employer in recognizing work hours, classifications of jobs, union wages scales, and related issues.

Question 2

Heidi Haskell was the only sales assistant on duty at a model home owned by David Estes but leased to Comstock Homebuilding Companies Inc. It was Comstock's policy for a single sales assistant to remain on the premises of the model home except to show a property to a potential customer. Ms. Haskell went onto the attached deck of the home to smoke a cigarette. Hearing the telephone ring in the house, she attempted to put out her cigarette, went inside, and answered the phone. However, she failed to completely extinguish the cigarette, resulting in a fire and extensive damage to the home. Estes sued Comstock, alleging that Haskell had been negligent and an employee acting within the scope of her employment and thus Comstock was liable for the damage. Was Comstock liable?

Answer 2

Yes , Company C was liable for the damage done to the house by Ms HH.
Ms HH was on the house premises of her employer while performing her duties when negligently she burnt the house by forgetting to put out the cigarette completely. She performed this negligent act while performing her duty on behalf of her employer's obligation. It was in her employment scope and the business of her employer when the accident occurred.Hence liability should be put on Company c.

Question 3

How has the statutory modification of an employer's common-law defenses made it easier for an employee to win a case?

Answer 3

The employees have benefited from the modifications brought in the Common-Law as now the employer is liable even when the employee is contributory negligent.
Several laws like Federal Employers' Liability Act has been brought for protecting the employees and made it easier for them to win cases against employer.

Question 4

New York University (NYU) hired David O'Neill as a non-tenured, full-time faculty member. He was the assistant director of a medical laboratory. The NYU faculty handbook stated that appointment to a non-tenured faculty position was "for a definite period of time, not exceeding one academic year unless otherwise specified." Each year, NYU renewed his appointment for specific academic years. O'Neill believed that his supervisor engaged in research misconduct and reported his belief to her supervisor. He was fired the following April. O'Neill sued NYU. In the legal proceedings, O'Neill argued he was not an at-will employee but had been hired for a definite one-year period. Was O'Neill an at-will employee?

Question 5

When may an employee obtain recovery for damages for injury under workers' compensation?

Question 6

ReadyLink Healthcare recruited and hired nurses and assigned them to its customer health-care providers who requested nurses. ReadyLink spent a great deal of time and money developing a database of nurses and its health-care providers. The information was used to hire nurses and service customers. ReadyLink hired Jerome Cotton as a nurse-recruiting agent but fired him for stealing confidential information. Police found confidential information in his possession, and videotapes showed him sneaking into the office at night and copying confidential information. ReadyLink sued Cotton. Does it have a cause of action against him?

Question 7

When is an employer liable for injuries that employees cause to third parties?

Question 8

When no contrary agreement has been made, to whom do inventions by employees belong?

Question 9

How are the life and annuity insurance benefits of the Social Security Act funded?

Question 10

NCR Corporation employed Mitch Tomlinson for ten years to service and repair ATMs at their locations. He was part of NCR's "core workforce." NCR fired him for failing to properly manage time reporting and call management procedures. NCR had issued corporate management policies that stated that its "tactical workforce"-temporary employees-were at-will employees. The policies were silent on the status of the core workforce. Tomlinson argued that since NCR's policies limited at-will employees to the tactical workforce, the core workforce were not at-will employees. Was Tomlinson an at-will employee?

Question 11

What does the Patient Protection and Affordable Care Act require of employers?

Question 12

Do common law rules determine the relationship between an employer and employees?

Question 13

After Qosina Corp. sued C N Packaging Inc. to recover some property it alleged C N held, C N countered that Qosina had interfered with its relationship with its employee, Doug Tichy. C N also alleged that Tichy owed C N a duty of good faith and loyalty. It claimed he had breached that duty by failing to disclose to C N his relationship with Qosina and that he was acting for and on behalf of a competing business against C N's interests. C N further alleged that it had been damaged by Tichy's actions. Did these allegations by C N state a basis for action against Tichy?

Question 14

What recourse does a non-at-will employee have when discharged without good cause?

Question 15

After no current employees were interested in a job as benefits and special projects coordinator at Williamson Memorial Hospital, Crystal Hatfield applied. The employees had been told the pay would be less than what they made and that a two-year degree was required. Hatfield received a letter from the hospital, offering her the position. The letter was signed by the hospital's CEO, human resources director, and director of plant operations. The letter did not make any promise or representation concerning the duration of employment. Hatfield signed the letter and resigned from her current employment. Before beginning employment, Hatfield received a copy of the hospital's employee handbook and acknowledged, in writing, her status as an at-will employee. Individuals in charge of hospital operations began to receive complaints from other hospital employees about Hatfield's hiring because she did not have a two-year degree. They determined that firing Hatfield was the only way to appease the disgruntled hospital employees. At their direction, the human resources director terminated Hatfield's employment after four days. She sued the parent corporation of Williamson Memorial Hospital, alleging breach of contract. Did Hatfield have a viable complaint?

Question 16

If an employment contract does not state any terms other than the compensation, how are the other terms determined?

Question 17

Yzer Inc. (Yzer) asked for volunteers from its employees to help with yard work on its premises prior to a grand reopening. Barton Rodr, a salaried programmer who received no additional pay, suffered a heart attack while doing the lawn work. He sought workers' compensation benefits, but Yzer denied he was working as an employee at the time of the injury, claiming that it had not occurred during the course and scope of his employment. Should Rodr recover workers' compensation benefits?