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All of the following statements about competency to stand trial are true EXCEPT?

The Supreme Court’s decision in Jackson v. Indiana (1972) was intended to stop which practice?

Which of the following is not an exception to the Employee Polygraph Protection Act? 

A hiring manager from company A has just received a phone call from the hiring manager at company B asking about a former company A employee.  The hiring manager had been informed by the manager of former company A employee that former company A employee had lost his position based on his refusal to do work as ordered by his manager.  The hiring manager had informed the coworkers of the company A employee about the termination and informed them that it was for insubordination.  During that conversation, the co-workers of the former company A employee began informing the hiring manager of company A that they had heard that the former company A employee often slept on the job and did nothing but use his cell phone on the clock all day. The hiring manager of company A told the hiring manager of company B that the former company A employee was fired for insubordination as well as sleeping on the job and being on his cell phone all day.  Describe the legal liability for Company A arising out of the hiring manager for Company A’s informing the Company A employees about the termination of the former Company A employee as well as the hiring manager for company A informing the hiring manager of company B why the former company A employee was terminated. 

A salesperson for Company Z has worked for Company Z for a year.  Company Z realized, however, that it had not protected itself by entering into a non-competition and confidentiality agreement with the salesperson at the time of onboarding.  Company Z knew the salesperson wanted to expand his territory from Texas to Texas, Arkansas, Oklahoma, and Louisiana.  As a result, Company Z agreed to provide leads and sales information regarding potential clients in Arkansas, Oklahoma and Louisiana in exchange for a non-compete that would restrict the salesperson from directly competing against Company Z for 5 years throughout the Southeast quadrant of the United States including states Texas, Oklahoma, Arkansas, Louisiana, Mississippi, Alabama, Georgia and Florida where Company Z saw its business expanding in the future.  Company Z included in this agreement a confidentiality provision that required the salesperson to maintain the confidentiality of these sales leads and contact information in perpetuity.  Discuss the validity of this non-competition and confidentiality agreement and what reforms, if necessary, will be required prior to a Court enforcing the same. 

What qualifies as a mass layoff acting as trigger under WARN?

A manager tells the employees in his group the basis for the termination of one of the other employees in his group.  The employee wants to bring an action for defamation.  Does the employee have a cause of action and, if so, why? 

What type of damages are authorized under the Uniform Trade Secret Act? 

There has been a theft of multiple items in a recent shipment at the grocery store.  The grocery store employer has reason to believe that one of its employees has decided to go online to sell various items.  The grocery store provides its employees, including the suspect employee, with a locker to hold various personal items and provides locks for those lockers.  The grocery store provides its employees one key for the lock and retains the other one.  The grocery store has also determined that the suspect employee uses the same password for logging into his grocery store computer that he uses to login to his cloud based gmail account.  Given that the grocery store believes the suspect employee has sold items online, the grocery store employer has started going through the suspect employee’s emails.  Discuss the legality of the search of the locker and the gmail account.

What is not an element of the Faragher/Ellerth defense?