Question 1

Matching
-The principle that when one person makes a promise and expects another person to do some-
thing in reliance upon that promise, and that person does act in reliance upon that promise, the
law will usually help that person to enforce the promise because of his or her reliance upon the
promise to his or her detriment.

Accepted Answer

The principle described in the statement is that of promissory estoppel.

Question 2

Matching
-A contract that is not expressed but is created by other words or the conduct of the parties.

Accepted Answer

An implied contract is a contract that is not expressed but is created by other words or the conduct of the parties.

Question 3

Matching
-The present value of wages and benefits the employee would have earned for the remainder of
the employment term less any wages and benefits the employee earned or could have earned in
the interim, exercising reasonable diligence.

Accepted Answer

Back pay refers to the wages and benefits an employee would have earned for the remainder of the employment term if they had not been wrongfully terminated. This amount is calculated by subtracting any wages and benefits the employee earned or could have earned in the interim with reasonable diligence.

Question 4

Matching
-Damages awarded in addition to actual damages when the defendant acted with recklessness,
malice, or deceit and intended to punish and thereby deter blameworthy conduct.

Accepted Answer

Punitive/exemplary damages are awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit and intended to punish and deter blameworthy conduct.

Question 5

Matching
-The court's finding that the employer was restricted in its right to terminate employees at will.

Accepted Answer

The answer of Matching
-The court's finding that the employer was...

Question 6

The remedy of reinstatement is available for breach of employment contract claims.

Accepted Answer

The answer of The remedy of reinstatement is available for...

Question 7

Employment policy manuals or handbooks may be a form of an implied contract.

Accepted Answer

Employment policy manuals or handbooks may create an expectation of certain rights and responsibilities for employees, which can be considered an implied contract between the employer and employee.

Question 8

A terminated employee has a duty to make reasonable efforts to find other employment and
reduce his or her damages in the event of wrongful termination.

Accepted Answer

This principle is known as the duty to mitigate damages, and it applies to employees who have been wrongfully terminated. If an employee is wrongfully terminated, he or she has a duty to make reasonable efforts to find other employment and reduce the damages that he or she might otherwise be entitled to receive as a result of the termination. Failure to mitigate damages could reduce the amount of compensation that the employee is entitled to receive.

Question 9

Matching
-The employer makes working conditions so intolerable that a reasonable person in the
employee's position would have felt compelled to resign.

Accepted Answer

Constructive discharge occurs when an employer renders an employee's working conditions so intolerable that a reasonable person in the employee's position would feel compelled to resign. This may occur due to factors such as harassment, discrimination, or a hostile work environment.

Question 10

Constructive discharge occurs when the employer makes working conditions so intolerable that
a reasonable person in the employee's position would have felt compelled to resign.

Accepted Answer

Constructive discharge refers to situations where an employer has created working conditions that are so intolerable that a reasonable person would feel compelled to resign. It is considered a form of wrongful termination, as the employee's decision to resign is essentially forced by the actions of the employer.

Question 11

Matching
-An offer by an employer to reemploy the discharged employee under comparable working
conditions.

Accepted Answer

An unconditional offer of reinstatement is an offer by an employer to reemploy the discharged employee under comparable working conditions. This is different from front pay, which is compensation for the period between the unlawful discharge and reinstatement, and back pay, which is compensation for the wages lost as a result of the unlawful discharge.

Question 12

Matching
-An employee's duty to make reasonable efforts to find other employment and reduce their dam-
ages in the event of wrongful termination.

Accepted Answer

The duty to mitigate damages refers to an employee's responsibility to make reasonable efforts to find other employment and reduce their losses in the event of wrongful termination.

Question 13

The employment at will doctrine does not apply where the parties have entered into a written
contract that provides for a definite term of employment.

Accepted Answer

When parties enter into a written contract that provides for a definite term of employment, the terms of the contract govern the employment relationship instead of the employment at will doctrine.

Question 14

Express contracts are always enforceable, even if they are not formal or in writing.

Accepted Answer

Express contracts can be oral or written, but not all are enforceable if they don't meet certain legal requirements, such as the statute of frauds, which requires certain types of contracts to be in writing to be enforceable.

Question 15

An unconditional offer of reinstatement may limit an employee's right to recover back pay.

Accepted Answer

If an employee declines an unconditional offer of reinstatement, their right to recover back pay may be limited. However, if the offer of reinstatement is conditional or there is evidence that working conditions would be intolerable, the employee may still be able to pursue a claim for back pay.

Question 16

A demotion does not constitute aggravating circumstances sufficient to justify a resignation (con-
structive discharge).

Accepted Answer

A demotion can indeed constitute aggravating circumstances that could justify a resignation, or a claim of constructive discharge. However, the severity and context of the demotion, as well as any related factors such as harassment or discrimination, would also need to be considered in determining whether a constructive discharge claim is valid.

Question 17

Matching
-A rule that if an employer discharges an employee for an unlawful reason and later discovers miscon-
duct sufficient to justify a lawful discharge, the employee cannot win on a claim for reinstatement.

Accepted Answer

The after-acquired evidence doctrine is a rule that allows employers to defend themselves against wrongful discharge claims by proving that they would have fired the employee for legitimate reasons even if they had not been motivated by unlawful discrimination or retaliation. This defense is often raised when an employer discovers evidence of misconduct after terminating an employee for a discriminatory or retaliatory reason. If the employer can show that the employee engaged in misconduct that would have justified termination, the employee cannot prevail on a claim for reinstatement, although they may still be entitled to other remedies such as back pay or compensatory damages.

Question 18

An employee cannot win on a claim for reinstatement if an employer discharges the employee for
an unlawful reason and later discovers misconduct sufficient to justify a lawful discharge.

Accepted Answer

If an employer unlawfully discharged an employee and later discovered misconduct, the initial discharge would still be considered unlawful and the employee would have a valid claim for reinstatement.

Question 19

A reference during a preemployment interview to a "permanent" position may form an implied
contract.

Accepted Answer

A reference to a "permanent" position during a preemployment interview may suggest that the position is not temporary and could create an expectation of job security, leading to an implied contract between the employer and the employee.

Question 20

Matching
-The amount of money that the employee would have earned from the date of trial to the con-
clusion of the employment contract.

Accepted Answer

Front pay compensates an employee for lost wages between the trial date and the end of the employment contract, when reinstatement isn't feasible.

Quiz 6: Terminating the Employment Relationship

Matching -A contract that is not expressed but is created by other words or the conduct of the parties.

Matching -The present value of wages and benefits the employee would have earned for the remainder of the employment term less any wages and benefits the employee earned or could have earned in the interim, exercising reasonable diligence.

Matching -Damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit and intended to punish and thereby deter blameworthy conduct.

Matching -The court's finding that the employer was restricted in its right to terminate employees at will.

The remedy of reinstatement is available for breach of employment contract claims.

Employment policy manuals or handbooks may be a form of an implied contract.

A terminated employee has a duty to make reasonable efforts to find other employment and reduce his or her damages in the event of wrongful termination.

Matching -The employer makes working conditions so intolerable that a reasonable person in the employee's position would have felt compelled to resign.

Constructive discharge occurs when the employer makes working conditions so intolerable that a reasonable person in the employee's position would have felt compelled to resign.

Matching -An offer by an employer to reemploy the discharged employee under comparable working conditions.

Matching -An employee's duty to make reasonable efforts to find other employment and reduce their dam- ages in the event of wrongful termination.

The employment at will doctrine does not apply where the parties have entered into a written contract that provides for a definite term of employment.

Express contracts are always enforceable, even if they are not formal or in writing.

An unconditional offer of reinstatement may limit an employee's right to recover back pay.

A demotion does not constitute aggravating circumstances sufficient to justify a resignation (con- structive discharge).

Matching -A rule that if an employer discharges an employee for an unlawful reason and later discovers miscon- duct sufficient to justify a lawful discharge, the employee cannot win on a claim for reinstatement.

An employee cannot win on a claim for reinstatement if an employer discharges the employee for an unlawful reason and later discovers misconduct sufficient to justify a lawful discharge.

A reference during a preemployment interview to a "permanent" position may form an implied contract.

Matching -The amount of money that the employee would have earned from the date of trial to the con- clusion of the employment contract.