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Simple English definitions for legal terms

Pasula–Robinette test

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A quick definition of Pasula–Robinette test:

The Pasula-Robinette test is a legal principle used in cases where a miner claims they were retaliated against for filing a claim under the Mine Safety and Health Act. If the miner can show that they engaged in a protected activity and that an adverse employment action occurred because of that activity, they have established a prima facie case of retaliation. However, the mine operator can still win the case by proving that the adverse action was based on the miner's unprotected activity and that they would have taken the same action based solely on that activity.

A more thorough explanation:

The Pasula-Robinette test is a principle used in cases where a miner claims they have been retaliated against for filing a claim under the Mine Safety and Health Act. The test states that even if the miner has established a prima facie case of retaliation, the mine operator can still win the case by proving an affirmative defense.

The affirmative defense has three parts:

  1. The miner did not engage in a protected activity
  2. The adverse action was based on the miner's unprotected activity
  3. The mine operator would have taken the same action based solely on the unprotected activity

In order to establish a prima facie case of retaliation, the miner must show that they engaged in a protected activity and that an adverse employment action occurred as a result of that activity.

For example, if a miner files a complaint about unsafe working conditions and is then fired, they may claim that they were retaliated against for engaging in a protected activity. The mine operator could then use the Pasula-Robinette test to argue that the firing was based on the miner's unprotected activity, such as poor job performance, and that they would have been fired regardless of the complaint.

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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