WGU D352 EMPLOYMENT AND LABOR LAW EXAM AND

Page 1 of 93

1

WGU D352 EMPLOYMENT AND LABOR LAW EXAM AND

STUDY GUIDE LATEST 2024-2025 COMPLETE 280

QUESTIONS AND DETAILED ANSWERS ALREADY

GRADED A+

List the elements necessary for establishing a prima facie case of intentional infliction of emotional distress.

• Extreme and outrageous conduct by a defendant.
• The defendants' intention of causing, or reckless disregard of the likelihood of causing,

emotional distress

• The plaintiff's suffering of severe emotional distress (and as a direct result of the defendant's

extreme and outrageous conduct.How could qualified privilege provide a defense for defamation?Qualified privilege must have the absence of malice for defense, ie- when one person communicates with another who has the legitimate need to know the information (such as an employee telling a supervisor of another employee's performance, as long as what the employee is saying is in "good faith." Qualified Privilege employers who give references are liable only for false statements that they know to be false or that are primarily motivated by ill will Tortious interference with a contract Conduct by one party that results in another's breaching her contract with a third party.What are the main elements of tortious interference with contract? 1 / 4

Page 2 of 93

2 A cause of action aimed at a third party who allegedly caused the plaintiff to be fired or interferes with his/her ability to get a job.The third party must interfere for an improper reason, ie-animosity toward plaintiff, and not for a valid business reason in order to beheld responsible for this tort Describe the difference between mediation and arbitration.List and describe exceptions to employment at will.

Exceptions to employment at will include:

*Public Policy Exception *Implied Contract Exception *Implied Covenant of Good Faith and Fair Dealing **in addition to a collective bargaining agreement and the Model Employment Termination Act.Four examples of Public Policy 1) Refusing to break the law 2) Exercising a legal right 3) Fulfilling a statutory duty 4) Whistleblowing.Model Employment Termination Act (META) an employer may not terminate employment of an employee without good cause.Expressed Contracts stated in distinct and clear language, either orally or in writing Implied Contracts 2 / 4

Page 3 of 93

3 Contracts in which some terms are not specifically stated, but are understood by the parties based on the nature of the transaction *BEHAVIOR BASED* Libel written defamation Slander spoken defamation Defamation Act of harming or ruining another's reputation tort a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.workplace tort a civil wrong in which an employer violates a duty owed to its customers or employees Retaliatory Demotion Reduction in rank, salary, or job title as a punishment The elements of the tort are much the same as with a wrongful discharge If firing the employee would be illegal under the circumstances, the chances are good that a demotion is equally illegitimate in the eyes of the courts wrongful discharge 3 / 4

Page 4 of 93

4 An employer's termination of an employee's employment in violation of the law or an employment contract.Theft of Trade Secrets The intentional taking, copying, or using another's trade secrets with the knowledge the owner of the trade secret will be injured by such action How can a company try to protect itself from a theft of trade secrets?Employers whose employees misappropriate trade secrets for their own use or for the benefit of a new employer are entitled to obtain an injunction (court order) to stop the illegal behavior.The common law of most stated imposes and obligation upon employees to respect and

protect the trade secrets of their employers:

*confidentiality and noncompetition agreements are often required by employers at the time of hire to bolster their common law protections Common Law Privacy the tradition, precedent, and custom among states to set up laws protecting privacy.Four elements of Common Law Privacy 1.Appropriating the plaintiff's identity for the defendant's benefit

• Placing the plaintiff in a false light in the public eye
• Publicly disclosing private facts about the plaintiff
• Unreasonable intruding upon the seclusion or solitude of the plaintiff

What protects public employees' right to privacy?The 4th amendment and the 14th amendment's "Due Process" clause What protects private employees' right to privacy?

• / 4