BUL EXAM 3

Agents of undisclosed principals are entitled to be indemnified if held personally liable on contracts that were within the scope of their authority

Truef

The Equal Pay Act prohibits discrimination in pay scales and compensation based on

gender

A debtor is presumed to be _____ during the ninety-day period prior to the filing of the petition.

insolvent

Wassira Enterprises' human resource management policy document states that all employees are at-will employees.

true

Which of the following is not an example of a trade secret?

A list of customers that was published in an ad in a trade journal

The Fair Debt Collection Practices Act prohibits debt collectors from participating in _______

Abusive and deceptive behaviors.

Which of the following is not an element of ratification?

All of the above are requirements for ratification The principal was fully disclosed at the time the contract was formed. The principal is aware of all of the terms of the agreement The third party has not withdrawn from the contract

Creditors are required to file _______ if they are to share in the debtor's estate.

Proof of their claims

Beth went to Elegant Cakes to select a cake for her wedding. The owner gave her piece to sample and said: "If you live to be 200, this is the best cake you will ever eat in your whole life." Owner's statement is an example of

Puffery

When a principal decides to adopt and be bound on a contract that his agent did not have the authority to form, the principal _______________ the contract.

Ratifies

Which of the following statement is false about the provisions of the Truth in Lending Act?

The Act regulates both consumer and commercial credit transactions

Anderson was hired as a sales representative of New World and after several months of working for New World, Anderson decided to start a competing business.

True

If a principal ratifies the unauthorized act of an agent, he releases the agent from any liability for the unauthorized act

True

If an agent gets a monthly advance against future commissions, the advances are treated as a minimum salary and need not be returned if the commissions on sales are not earned.

True

If the principal dies, the agency agreement terminates by operation of law.

True

New World Fashions provides guidance to persons interested in entering the retail clothing business.

True

Prior to resigning, Anderson encouraged one of New World's prospective clients to contract with Anderson personally. He then provided to this client services typically furnished by New World.

True

Under the family-car doctrine, any family member becomes an agent of the parent-owner while the family member is using the car.

True

When workers protest a management policy by refusing voluntary overtime and arranging for selected workers to call in sick, they are engaging in a

job action

Creditors may not force a debtor into an involuntary Chapter 13 bankruptcy because it would violate the debtor's __________Amendment right against involuntary servitude.

thirteenth

Regarding door-to-door sales, federal regulations mandate that consumers must be told that they have _______ within which to cancel any door-to-door sale

three days

A join bankruptcy filing concerning a husband and wife requires a filing of only one petition.

true

In Chapter 7 bankruptcy cases, certain debts of the debtor will not be discharged

true

Property held in trust for the benefit of the debtor under a spendthrift trust does not become a part of the bankruptcy estate.

true

The FTC regulates deceptive advertising on Web pages as well as on television and in the print media

true

The FTC regulates deceptive advertising on Web pages as well as on television and in the print media.

true

The courts allow sexual harassment claims for both same sex and opposite sex harassment

true

The good cause exception to employment at will arises during the course of a worker's employment based on the way the employer evaluates rewards and disciplines the employee

true

To be protected by the public policy exception to employment at will, the public policy that the employee acts to advance must be tied to a constitutional, statutory or administrative law.

true

Under the Fair Credit and Reporting Act, information is obsolete after 7 years and must be purged from the files of credit reporting agencies

true

Officers of corporations have unlimited actual authority to sell the real property and intangible assets of the corporation

False

What type of damages could Jakaya recover if the court determined that the good cause exception applied to Jakaya and she was terminated in violation of this exception to at-will employment?

Only Contractual damages.

Which federal statute regulates minimum wages, overtime and the employment of minors?

The Fair Labor Standards Act

Employers are subject to the Age Discrimination in Employment Act only if they

both a and b -Engage in interstate commerce -Have at least 20 employees

Has Wassira Enterprises violated any criminal laws?

no

An agent who represents both the buyer and the seller in the purchase of a business is acting as a dual agent.

True

An agent's knowledge is imputed to the principal.

True

Jakaya has worked for Wassira Enterprises for only 2 years and has never received a raise, but he has been complemented on his work ethic.

false

The Equal Pay Act is the source of the federal requirement that an employer reasonably accommodate the religious practices of its employees.

false

The bankruptcy judge is the person who handles the assets and obligations of the debtor during the bankruptcy proceeding.

false

Title VII caps the amount of damages a plaintiff may collect from a defendant with 100 or fewer employees at $10,000

false

Title VII does not apply to sole proprietorships, regardless of the number of people a business employs

false

Title VII protections against discrimination based on gender apply only to female employees and not to make employees.

false

Agents are personally liable to third parties on contracts when the principal was undisclosed

True

The agency created by Congress to administer the provisions of Title VII dealing with discrimination in the workplace is the

Equal Employment Opportunity Commission

In an adjustment of debts under Chapter 13, the rights of ____________may not be modified

Mortgagees

Which of the following would not terminate an agency by operation of law?

The death of the principal The death of the agent The destruction of the goods that the agent was hired to sell All of the above terminate an agency by operation of law.

A principal will not have a duty to reimburse an agent if

The expenses were the result of the agent's negligence

How many people that have had office romances married their co-worker? a CareerBuilder survey found that 40 percent of office workers polled admitted to having dated a co-worker. And, 31 percent said the relationships led to marriage. Perhaps more surprisingly, nearly the same number -- 29 percent -- said they had dated someone above them in the company hierarchy, with 16 percent saying they had dated their direct supervisors. Women were significantly more likely to date someone further up the organization chart -- 38 percent, compared to 21 percent for men.

nearly 1/3

Creditors may petition the bankruptcy court to convert a Chapter _________bankruptcy in to a Chapter __________bankruptcy.

11 into 7

If a debtor has 12 or more unsecured creditors, at least _________ of these creditors with aggregate claims of $13, 475 must sign the petition to force the debtor into an involuntary bankruptcy

3

If a debtor has 12 or more unsecured creditors, at least _________ of these creditors with aggregate claims of $13, 475 must sign the petition to force the debtor into an involuntary bankruptcy.

3

The Age Discrimination in Employment Act protects employees who are at least _____ years of age from employment discrimination.

40

A customer who finds an error in a credit card statement has ___days from the time of discovery to notify the bank

60

Which of the following activities is permitted by the Taft-Hartley Act?

A business may require that a worker join a union after he has worked for a certain period of time

Pat hired Mike to manage his deli, but the agency agreement did not state how much Mike is to be paid. In this situation,

A court will read in a reasonable salary based on comparable positions in the business community.

Employees who are hired under an at-will employment contract still may not be terminated if

All of the above negate an employer's right to terminate an at-will employee. -The employer created a work environment that led to the creation of a "good cause" exception. -The termination violates a public policy -The employee is being dismissed for whistle blowing

Mark is the president of a soft-drink bottling company. Drivers who own their trucks and who are paid on a commission basis deliver Mark's products. These drivers work their own hours, and they pay their assistants. Mark considers these drivers to be independent contractors. One of the drivers crashes negligently into another motorist. In which of the following situations might Mark have liability to the motorist?

All of the answer options could create liability on Mark.

Which of the following statements about the good cause exception to the employment at will doctrine is false

An employee who wins a suit for wrongful termination under the good cause exception is entitled to back wages, damages for pain and suffering, and punitive damages.

Which of the following statements about workers' compensation programs is false?

An injured worker may collect workers compensation and may sue his or her employer for negligence.

In a bankruptcy proceeding, the ________ is the individual, business organization, municipality or farmer that the bankruptcy proceeding involves

Debtor

The purpose of the Telemarketing and Consumer Fraud and Abuse Prevention Act is to prohibit _______ telemarketing practices.

Deceptive

In order to ratify an agent's contract, the principal must have been __________at the time the contract was formed

Disclosed

The ________ regulates the process banks use to transfer consumer funds through electronic means.

Electronic Funds Transfer Act.

The Family and Medical Leave Act requires that

Employees are entitled to 12 weeks of medical leave during a 12 month period

Whether or not a principal has, through his actions, ratified a contract is a question of _________to be decided by the _________

Fact.jury

Under the ______________Act, a company that denies a person credit, insurance, or employment based on the report of a consumer credit reporting agency must tell the consumer the name and address of the reporting agency

Fair Credit Reporting

A factor is an agent with the special limited authority of procuring a customer so that the principal can affect a sale or exchange of property.

False

A principal may terminate the agency of a disloyal agent only if the principal suffered a financial loss because of the agent's disloyalty

False

An employer may have liability for the negligent hiring of a servant, but not for the negligent hiring of an independent contractor.

False

Assume that you hire an independent contractor to transport hazardous chemicals for your company. If he negligently causes damages to a third part while carrying out the job, you will not be liable because of his status as an independent contractor

False

Mark is the president of a soft-drink bottling company. Drivers are employed by Mark to drive his trucks and to deliver his products.

False

The standard the agent must meet in carrying out the work of the principal is "extraordinary care and diligence."

False

If Mary does nothing after Bob's complaint, could the employer be liable for sexual harassment if Susan were to ask Bob out again?

Generally - Yes, because in hostile enviroment cases, the employer will not be able to raise the affirmative defense that it exercised reasonable care to prevent and correct promptly any sexually harassing behavior.

Pablo is a respected customer of Citibank. Upon examining his monthly statement, Pablo discovers that an unauthorized person, using an automated teller machine (ATM), has withdrawn $400 from his account. Pablo remembers that several weeks ago a "nice-looking person" was standing next to him and operating a second ATM machine while Pablo was withdrawing $20. That person said that he was having troubles with his machine and wondered if Pablo would put his card into the second machine to see if it worked. Pablo accommodated the unknown person's request. Then that person asked Pablo to again insert his card into the first machine to make sure it was still working. Pablo did not understand that when he left the ATMs, both machines were activated with his account. Further, the Citibank manager believes that the unknown person probably saw Pablo enter his four-digit number and then used Pablo's number to withdraw the maximum amount allowed ($200) from each machine. Pablo does not notify the bank for a week after he read his bank statement, but no additional fraudulent transfers occurred during that week. The bank refuses to repay Pablo the $400. If Pablo sues the bank for the $400.00, how much, if any, will he recover.

He will recover nothing because his liability increased to $500 as a result of his failure to notify the bank within two (2) business days from when he learned of the fraudulent transactions.

Pablo is a respected customer of Citibank. Upon examining his monthly statement, Pablo discovers that an unauthorized person, using an automated teller machine (ATM), has withdrawn $400 from his account. Pablo remembers that a "nice-looking person" was standing next to him and operating a second ATM machine while Pablo was withdrawing $20. That person said that he was having troubles with his machine and wondered if Pablo would put his card into the second machine to see if it worked. Pablo accommodated the unknown person's request. Then that person asked Pablo to again insert his card into the first machine to make sure it was still working. Pablo did not understand that when he left the ATMs, both machines were activated with his account. Further, the Citibank manager believes that the unknown person probably saw Pablo enter his four-digit number and then used Pablo's number to withdraw the maximum amount allowed ($200) from each machine. The bank refuses to repay Pablo the $400. If Pablo sues the bank for the $400.00, how much, if any, will he recover.

If Pablo notified the bank within 2 days reviewing his bank statement and learning of the fraudulent transfer, he will be able to recover $350.00.

The duty of the principal to hold an agent "harmless," and to pay any judgments for which the agent becomes liable while carrying out the principal's orders, is the duty to

Indemnify

Bill hired Acme Paving to pave his driveway. Acme is Bill's

Independent Contractor

The process of winding up the affairs of a corporation or firm for the purpose of paying its debts and disposing of its assets is known as ________

Liquidation???

Andrew owned a house painting business with 100 employees. Andrew fired Bob because Bob skipped work to attend a political rally. If Bob sues Andrew for wrongful termination, will he win?

No, Bob will not win the lawsuit.

Is the employer liable for sexual harassment assuming Susan actually did ask Bob out one time on a date?

No, even though the supervisor is the agent of the employer, the victim did not suffer a tangible job loss and there was no quid pro quo harassment.

If a claim of quid pro quo harassment is proved, the employer is strictly liable based on a theory of

Respondeat superior

The legal doctrine that holds the master liable for the torts committed by a servant while acting within the scope of this employment is

Respondeat superior

Ruth had a contract to sell a vacation home she owned in North Carolina. Rather than make the trip from Oregon for the closing, she gave her brother Ian, who lived in North Carolina, the authority to represent her at the closing and to sign all the necessary papers. The notarized document that confers this authority on Ian is a (n) __________________; and Ian is a (n) _____________.

Special power of attorney--------------------Attorney in fact

Pablo is a respected customer of Citibank. Upon examining his monthly statement, Pablo discovers that an unauthorized person, using an automated teller machine (ATM), has withdrawn $400 from his account. Pablo remembers that a "nice-looking person" was standing next to him and operating a second ATM machine while Pablo was withdrawing $20. That person said that he was having troubles with his machine and wondered if Pablo would put his card into the second machine to see if it worked. Pablo accommodated the unknown person's request. Then that person asked Pablo to again insert his card into the first machine to make sure it was still working. Pablo did not understand that when he left the ATMs, both machines were activated with his account. Further, the Citibank manager believes that the unknown person probably saw Pablo enter his four-digit number and then used Pablo's number to withdraw the maximum amount allowed ($200) from each machine. The bank refuses to repay Pablo the $400. What law may assist Pablo?

The Electronic Funds Transfer Act (EFTA)

What is the status of an agency agreement when a principal files for Chapter 7 bankruptcy?

The agency terminates by operation of law when the court grants the order for relief

Sam is retiring and selling his business to Ed, an employee. They want Larry Lawyer to draw up a sales contract that protects both Sam's interests as the seller and Ed's interests as the buyer. If Larry agrees to this dual agency, which agency duty would he most risk violating

The duty of loyalty

The major distinction between a servant and an independent contractor is that

The employer has the right to tell a servant how to do the job, while an independent contractor has exclusive control over the manner in which the job is done.

Robin Enterprises is struggling financially. On March 1, Robin has assets of only $1,000 in its checking account and a company truck worth $5,000. On that date, it owes Eagle Bank $7,000 for overdraft funds taken in other months, $5,000 to a landscape company that just finished a job making the rented office exteriors of Robin look more professional, and $4,000 in back rent to Robin's landlord. What would a Bankruptcy court decide in the following scenario? Robin decides to pay the entire rent due of $4,000 on March 1. Robin files for bankruptcy on April 1.

The presumption is that because the payment was made within (90) days of the filing of bankruptcy, the payment is preferrential and would be recoverd or clawed back by the court.

Robin Enterprises is struggling financially. On March 1, Robin has assets of only $1,000 in its checking account and a company truck worth $5,000. On that date, it owes Eagle Bank $7,000 for overdraft funds taken in other months, $5,000 to a landscape company that just finished a job making the rented office exteriors of Robin look more professional, and $4,000 in back rent to Robin's landlord. What would a Bankruptcy court decide in the following scenario? Robin decides to pay the entire rent due of $4,000 on March 1. Robin files for bankruptcy on September 1.

The presumption of preferentail treatment is not appropriate because the filing was beyond the ninety (90) day period. However, the trustee of the court will be able to show that on march 1 the debtor was bankrupt and with that showing be able to have the amount paid in rent recovered or clawed back into the bankruptcy estate.

Which of the following events would not terminate an agency by operation of law

The principal breaches his or her duty to reimburse the agent.

Which of the following statements is false about a principal's ratification of an authorized contract

The principal must have been either disclosed or partially disclosed at the time the contract was formed.

Robin Enterprises is struggling financially. On March 1, Robin has assets of only $1,000 in its checking account and a company truck worth $5,000. On that date, it owes Eagle Bank $7,000 for overdraft funds taken in other months, $5,000 to a landscape company that just finished a job making the rented office exteriors of Robin look more professional, and $4,000 in back rent to Robin's landlord. What would a Bankruptcy court decide in the following scenario? Robin decides to pay the entire rent due of $4,000 on March 1st. Robin then files bankruptcy on December 1st. In this scenario, one of the three owners of Robin is also the landlord that is being paid.

The time of the preferntial preference is extended for one year where the creditor is also an "insider." Because the landlord was also a co-owner, the presumption of preference occurs; the amount paid can be recovered or clawed back.

The ________ imposes duties on creditors who wish to extend credit, primarily in the area of making disclosures to potential debtors

The truth in lending act

Robin Enterprises is struggling financially. On March 1, Robin has assets of only $1,000 in its checking account and a company truck worth $5,000. On that date, it owes Eagle Bank $7,000 for overdraft funds taken in other months, $5,000 to a landscape company that just finished a job making the rented office exteriors of Robin look more professional, and $4,000 in back rent to Robin's landlord. What would a Bankruptcy court decide in the following scenario? Robin decides to sell the truck to one of its owners for $300 on March 1 and files bankruptcy on December 1.

This is a common situation of fraud and the filing was well within the two (2) year period. The truck will be recovered into the bankruptcy estate.

A plaintiff who sues the employer and the employee in joint and several liability is limited to only one recovery.

True

A proprietor will be liable for the torts of an independent contractor if the duties that the contractor is hired to perform are inherently dangerous to the public

True

A third party must use reasonable care and diligence to make sure that an agent is acting within the scope of his or her employment.

True

An agent who is wrongfully terminated may sue the principal for damages

True

In a multiple listing agreement, real estate is listed with several brokers who divide the commission on the sale

True

Mark is the president of a soft-drink bottling company. Drivers who own their trucks and who are paid on a commission basis deliver Mark's products. These drivers work their own hours, and they pay their assistants. Mark considers these drivers to be independent contractors. The doctrine of respondeat superior and the concept of vicarious liability are NOT applicable to torts caused by independent contractor

True

Which of the following is not one of the factors a court would look at to determine if the "Good Cause Exception" applies to Jakaya.

Whether or not the employee may have been discriminated against

Must Anderson account to New World for the financial gain he obtained in this transaction?

Yes, Anderson must account to New World for any financial gain.?

Upon discovery of Anderson's actions, New World fired Anderson and sued him to recover lost profits. Did Anderson violate his duty of loyalty?

Yes, Anderson violated the duty of loyalty owed to New World Fashions.

Parker is a dealer in Oriental antiques and rugs. A sign in his store recommends that customers bring in their rugs to him for cleaning and repair. In fact, Parker does none of the cleaning or repair work himself. He sends the rugs to Local Cleaners, for whom he works as an agent making a 20 commission. Due to a mishap at Local's plant, the rug belonging to Parker's customer was damaged. Is Parker liable to the customer for the damage?

Yes, Parker is liable because he is the agent of an undisclosed principal.

Mark is the president of a soft-drink bottling company. Drivers who own their trucks and who are paid on a commission basis deliver Mark's products. These drivers work their own hours, and they pay their assistants. Mark considers these drivers to be independent contractors. By itself, does Mark's contract with the drivers protect him from liability with 3rd parties?

Yes, it is proof of the independent relationship

Jim was called to active duty in the military. Knowing that he would be out of the country for a year or more, he gave his sister Peg authority to pay bills in his name, access his bank accounts, buy and sell stock in his brokerage accounts, and incur expenses to maintain his house and car and boat. Jim received several dividend checks from his stock broker while he was gone. Peg deposited the checks in her own bank account because her funds were low. Several weeks later she made out a personal check for the amount of the dividends and deposited it into Jim's account. Has Peg breached any agency duties

Yes, she breached her duty to account.

Assume that the defendant in disparate impact case claims as an affirmative defense that the employment practice complained of is "job related and consistent with business necessity." Plaintiff can defeat this defense by showing

a and b -The practice is a pretext for discrimination -There is another, non-discriminatory employment practice that fills the same function

John, who is employed by a private business, was injured on the job. How will OSHA learn of the job safety violation that caused his injury?

a and b and c -John may report his injury directly to OSHA -John's employer must report his injury to OSHA -OSHA may conduct an inspection of John's worksite.

In a disparate treatment case, the plaintiff can defeat the defendant's claim that the discriminatory employment decision was taken for a "legitimate non-discriminatory reason" by proving that the reason offered was

a pretext

A private employer may institute a voluntary minority racial preference plan without violating Title VII so long as the plan

all of the above are necessary -Is for a limited time. -Opens employment opportunities to racial minorities in jobs from which they were traditionally excluded. -Does not eliminate or unnecessarily restrict the hiring of white candidates.

Which of the following is eligible to file for bankruptcy under Chapter 7?

an individual

In a ______ credit transaction, the amount of the loan is set

closed end

The source of the employment at will doctrine is

common law

Big Corp is a defendant in a disparate treatment case brought by Pam who is charging that she was denied a promotion because of gender discrimination. Big Corp will likely win if it can establish as a defense that

either a or c Pam was denied the promotion for legitimate non-discriminatory reasons The denial of the promotion was based on mixed motives.

The legal doctrine that allows an employee to quit at any time for any reason and an employer to fire an employee at any time for any reason is

employment at will

"Union shops" are illegal under the Taft-Hartley Act.

false

All debtors who are eligible to file under Chapter 7 will receive a discharge

false

An agent operating under a written power of attorney is called an attorney-at-law

false

An employer may have liability for the negligent hiring of a servant, but not for the negligent hiring of an independent contractor

false

Congress has not yet been active in generating laws aimed at labeling and packaging

false

Debt collectors may make harmless misleading statements, such as "I am a lawyer", but may not threaten the debtor.

false

Information about a consumer's bankruptcy may remain in the files of a credit reporting agency for up to 15 years.

false

Title VII does not allow a victim to sue for same sex sexual harassment

false

Title VII prohibitions against gender-based discrimination include adverse employment actions based on sexual orientation

false

To establish a claim for deceptive advertising, its must be proven that actual customers were mislead into purchasing he product

false

To establish a claim for deceptive advertising, its must be proven that actual customers were mislead into purchasing he product.

false

To prove disparate impact discrimination in employment, plaintiffs must show in their prima facie case that the selection rate for minorities is less than 50% of the selection rate for non-minorities

false

To prove disparate impact discrimination, a plaintiff must show that the practices complained of were "designed and intended" to disadvantage him or her

false

Under Section 7 of the National Labor Relations Act, workers who are members of a union retain the right to negotiate individual employment contracts with their employers

false

Under certain circumstances, a consumer may be incarcerated for nonpayment of a debt.

false

Workers Compensation Insurance is a comprehensive program that covers all job related injuries, including those that were intentionally inflicte

false

Under the Fair Credit Reporting Act, the reports generated by consumer credit reporting agencies may be furnished to any entity that possesses an _______ for the information.

legitamate need

Assume that all the owners of the professional sports teams within a league wanted to pressure the players during contract negotiations to make wage and benefit concessions. Assume also that the owners refused to schedule games for the upcoming season, and denied the players access to playbooks, the coaching staff and the training facilities. These activities by the owners constitute a

lock out

An employer may be liable for a customer's repeated and public sexual harassment of an employee based on the theory of

negligence

If a court determined that Jakaya was an at-will employee, would she be entitled to any damages as a result of being fired?

no

An ______ is entered by the bankruptcy judge when he or she finds that the debtor is entitled to the protection of the bankruptcy law

order of relief

How many people have dated a co-worker? a CareerBuilder survey found that 40 percent of office workers polled admitted to having dated a co-worker. And, 31 percent said the relationships led to marriage. Perhaps more surprisingly, nearly the same number -- 29 percent -- said they had dated someone above them in the company hierarchy, with 16 percent saying they had dated their direct supervisors. Women were significantly more likely to date someone further up the organization chart -- 38 percent, compared to 21 percent for men.

over 35%

Promotional statements made by a business about a product or service that are not intended to be taken literally are known as ________

puffery

When an employer punishes an employee for reporting illegal employment practices to the EEOC, the employer engages in ______________

retaliation

Title VII does not provide protection from workplace discrimination if the discrimination was based on the employee's

sexual harrassment

Jim was called to active duty in the military. Knowing that he would be out of the country for a year or more, he gave his sister Peg authority to pay bills in his name, access his bank accounts, buy and sell stock in his brokerage accounts, and incur expenses to maintain his house and car and boat. Jim will be out of the country when a piece of land he sold goes to settlement. He wants to give Peg the authority to convey the deed and sign any necessary settlement papers in his name. To do this he should give Peg

special power of attorney

A person who breaches a duty that is neither a contractual duty nor a crime commits a

tort

A principal has the duty to notify third parties when an agency terminates

true

An agency will terminate by operation of law if the principal files for Chapter 7 bankruptcy

true

An employee must first file a complaint with the EEOC and get a "right to sue" letter before pursuing a private right of action against his employer for Title VII violations.

true

Congress has enacted legislation designed to prevent debt collectors from acting in an unconscionable fashion when attempting to collect a debt

true

Creditors must receive as much in a Chapter 11 reorganization plan as they would receive in a Chapter 7 liquidation.

true

Creditors who petition a debtor into bankruptcy may be required to post a bond.

true

In a Chapter 13 proceeding, the rights of a bank which holds a home mortgage may not be modified.

true

It is only within the last eighty years or so that the federal government and the states have enacted laws protecting employment rights and workplace safety.

true

Jakaya works for Wassira Enterprises in middle management as an accounts representative. Wassira Enterprises is an at-will employer

true

Last week Margaret, the president of Wassira Enterprises, wrote an email to Jakaya stating that Friday would be his last day at work. No explanation was given for the dismissal

true

Mary is a senior-level executive. Bob, one of her employees, knocks on her door. As he enters, Mary sees he is crying. Bob states he believes Susan, his immediate supervisor, is sexually harassing him. Bob states that Susan just asked him out on a date.

true

Most states allow employers to require that job applicants and employees undergo alcohol and drug tests.

true

Respondeat superior is a firm of vicarious liability

true

States decide whether or not debtor residents may use the federal bankruptcy exemptions

true

The Americans with Disabilities Act prevents employers from requiring that job applicants or employees undergo medical tests as a condition of employment

true

The Occupational Safety and Health Act imposes on employers both a general duty to provide a safe work place and specific duties that are tailored to the employers' particular industries.

true

The automatic stay is designed to protect the debtor and the creditor in a bankruptcy proceeding

true

To collect state unemployment insurance, a worker must be actively seeking a replacement job that is appropriate for someone with his skills, education and work history

true

To ratify a contract, the principal must have been disclosed at the time the contract was formed

true

Under the Equal Credit Opportunity Act, creditors are forbidden from making statements to applicants that would discourage them from applying for credit.

true

Under the Fair Labor Standards Act, covered workers are entitled to one and a half times their hourly wages for overtime

true

Under the Pregnancy Discrimination Act, pregnancies must be treated by the employer like any other medical condition that may affect an employee's status

true