LEB 320F 1st Edition Lecture 23 Outline of Last Lecture II Case Overview Chapter 30 III Labor Employment IV Employment Discrimination a Gender b Sexual harassment c Disparate Impact d Equal Pay Act e Age f Disability Outline of Current Lecture V ADA a ADAAA VI Health and Safety a OSHA VII Wrongful discharge a Wagenseller v Scottsdale Memorial Hospital VIII Employee Privacy IX FMLA X Agency a Creation i King v Bankerd ii Spoerr v Manhattan Life b Duties c Termination i Act of parties ii Operation of Law d Authority XI Industrial Molded v J Gross and Sons XII City Electric v Dean Current Lecture ADA o Major life activity o Reasonable accommodation without undue hardship on employer o Condition not a disability if it can be remedied o Sutton v UAL Not in book Nearsighted twins corrected with lenses Not disabled Disability to be determined with corrected measures o ADAAA of 2008 o Alaskan McDonalds Health Safety o Historically Tort Law o OSHA 1970 Makes rules and regulations and can enforce Protects workers who report violations Surprise attacks o Workers compensation Preempts tort law File a claim Wrongful discharge o Employment at will vast majority o Some statutory exceptions o Public policy exception o Generally common law Refusal to commit an illegal act Wagenseller v Scottsdale Memorial Hospital Camping trip fired 5 months later Changing common law Good cause no cause different than bad cause Refusal to engage in an unlawful act Employee Privacy o At common law Reasonable expectation of privacy Track use of email and web Cameras badges Polygraph EPPAct can use to investigate losses Exceptions overtake rule Drug tests Generally ok FMLA Family Medical Leave Act 1993 o Economic impact o 50 employees o 12 weeks unpaid during a 12 month period o Continue benefits and return to a same similar position Role of benefits o Not key employees Senior levels Chapter 23 24 Agency o Objective learn about the risks of leveraging your talents and efforts o Normally we cannot bind others o Principal o Agent acts on Principal s behalf o 3rd party o Agents act for another Principal Acts as the Principal Same legal significance as if principal had acted o In contrast with independent contractors o Relationship Principal Agent o Relationship Principal 3rd Act of a Agent as an act of the Principal Creation of an agency o Consensual most of the time o No formalities required In writing useful Good for each other and good to show 3rd s Can be voluntary and uncompensated How is it normally done Employee manual The document is a power of attorney King v Bankerd Convey grant bargain sell NOT give away Strictly construed against the powers granted Always put a time bomb in writing Spoerr v Manhattan Life o The capacity of the Principal matters the capacity of the Agent does not Duties o Agent to Principal Obedience Lawful Not absolute Reasonable care in performance In terms with contract Due care Accounting Notification information Important because Agent s knowledge is imputed to principal Confidentiality Loyalty Lake fraud Fiduciary Explain o Utmost good faith and fair dealing Do not end run principal o Principal to Agent Comply with contract Compensation Reimbursement Indemnification What is this As long as not outside the scope Termination of Agencies o Act of parties Lapse of time Purpose achieved Occurrence of event Agreement Action by one Notice Right v power o Can do it but still breach a contract o Exception agency coupled with an interest o Operation of law Death incapacity Impossibility Substantially changed circumstances Bankruptcy War Loss of subject matter o Example Mike Leech Division 1 Football coach Fired Sued to coach team Termination of P A relationship but still paid in full Authority o Scope of Agent s authority Can be anything 1 Express Example power of attorney 2 Implied Based on position and customary authority o Retail Attorney settling case without authority o Release signed by Principal 3 Apparent cloth your agent in authority form from viewpoint of 3rd party 1 Manifestation by principal failing to deny agent s claim of authority 2 Reliance by 3rd 3 3rd changes position o How to protect Get Principal s approval o Agents continuing to act after fired 4 Ratification Cases o Industrial Molded v J Gross and Sons Son Peter No disclosure of limitation Seller even checked o City Electric v Dean Acts of Principal Paid invoices Knowledge of all facts Ratification No