Quiz 4

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Ron is an employee of Steel Mill Inc. Steel's employee manual states that workers, such as Ron , will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is

an exception based on contract theory

Gary drives a truck as an employee for Hauling Inc. Gary would most likely be considered acting outside the scope of his employment if he

crashed into a car at the airport while off duty.

When an employee's disclosure to government authorities, upper-level managers or the media that the employer is engaged in unsafe or illegal activities this is called:

whistleblowing

Fitness Club employs only female staff to assist its female-only members in the club. Greg, a forty-one-year-old male, applies for a staff job, but is not hired. In his suit against the club under the Civil Rights Act, the club most likely has

​a bona fide occupational qualification defense.

Explain just 3 of the criteria a court uses to determine the status of a worker.

"Here are three criteria used by the courts in determining whether a worker has the status of an employee or an independent contractor. 1. How much control can the employer exercise over the details of the work? (If an employer can exercise considerable control over the details of the work, this indicates employee status. The employer's degree of control is perhaps the most important factor weighed by the courts in determining employee status.) 2. Is the worker engaged in an occupation or business distinct from that of the employer? (If so, this points to independent-contractor status.) 3. Is the work usually done under the employer's direction or by a specialist without supervision? (if the work is usually done under the employer's direction, this indicates employee status.)" Miller, Roger LeRoy. Business Law Today: Essentials, 13th ed., Cengage Learning, 2022, pp. 449.

The principal owes certain duties to the agent. Those are:

All of the answers

What duties do agents owe the principal?

All of the answers

Jamie is the only female employee in the maintenance department of Rescue Vehicle Sales & Service Inc. Her supervisor teases and plays tricks on her so relentlessly that she feels compelled to quit. This is

a constructive discharge on the basis of gender discrimination.

Kerry hires Lanie to manage Kerry's Cattle Ranch. Lanie agrees to act on Kerry's behalf, subject to Kerry's control, and Kerry trusts Lanie to so act. Their relationship is

a principal and an agent.

Glacier Aviation Inc. employs aircraft mechanics, computer programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except

aircraft mechanics

Rosa introduces Sal to her friend Trey as "my associate." Sal purports to act as Rosa's agent in a business transaction with Trey. If Rosa is liable for Sal's actions, it will be because their relationship is

an agency by estoppel

Based on Nancy's conduct, Craig reasonably believes that Peter has the authority to act on Nancy's behalf even though Peter does not have the actual authority to do so. In this circumstance, Peter has

apparent authority

GameCraft, Inc., employs four hundred workers at three locations in three states. Workers who lose their jobs with GameCraft have a right to continued health-care coverage under the company's group plan for a limited period of time unless they

are fired for gross misconduct

Toyota Motor Sales Inc. grants its agent Sunshine Toyota an exclusive territory in which to sell its vehicles and parts. The company cannot compete with Sunshine Motors in that territory under the duty of:

cooperation

​Tessa, a member of a protected class, applies for a job with GreenLife Paper Products Corporation, but fails the company's employment test and is not hired. Tessa believes that the test has an unintentionally discriminatory effect. If so, this is

disparate-impact discrimination.

Romero employs Supply Procurement Service as an agent under a written agreement that describes the rights and duties of both parties. This is:

express authority

Hunter is seventeen years old. Under the Fair Labor Standards Act, Hunter cannot work

in a hazardous occupation

John contracts with Kelly to buy a certain number of cattle for Kelly's Circle K ranch. John makes a deal with Lawson, the owner of a local herd, and makes a down payment. Kelly fails to pay the rest of the price. Lawson sues John for breach of contract. John's right to hold Kelly liable for any damages that he has to pay is the right of

indemnification

Emily, an employee of Farm Supplies, Inc., files a sexual-harassment suit against her employer, alleging a pattern of sexual harassment by her supervisor Gary. Farm Supplies may be liable for hostile environment harassment if it

knew of the harassment and did not take steps to prevent it.

A doctrine under which a principal or an employer is held liable for the wrongful acts committed by agents or employers while acting within the course and scope of their employment is called:

respondeat superior

Ben, a salesperson at a Carpet & Tile store, tells Dan, a customer, "Buy your flooring here, and I'll install it for less than the store would charge." The customer buys the carpeting, which Ben installs for half the store's price. Ben keeps the money. With respect to the store, Ben has breached

the duty of loyalty

A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise is:

the employment at will doctrine

MicroWorks Inc. employs three hundred workers at four locations in two states. Under federal law, MicroWorks Inc. must provide each employee, during any twelve-month period, family or medical leave of

up to 12 weeks


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