Employment Law Unit 1

Which of the following is not a purpose or function of the law? Facilitate for private arrangements between individuals Settle private and public disputes Prevent desirable, or promote undesirable, behavior Determine procedures for changing the law

Prevent desirable, or promote undesirable, behavior

What is a judicial review? The ability of the Supreme Court to overrule every other court The power of the Supreme Court to consider whether a law comports with the Constitution When a decision cannot be made in district court, it moves to Supreme Court When a business is investigated by the Supreme Court

The power of the Supreme Court to consider whether a law comports with the Constitution

What is a judicial review? When a decision cannot be made in district court, it moves to Supreme Court The ability of the Supreme Court to overrule every other court The power of the Supreme Court to consider whether a law comports with the Constitution When a business is investigated by the Supreme Court

The power of the Supreme Court to consider whether a law comports with the Constitution

T/F Generally, partners, directors, and major shareholders are not employees.

True

T/F The Montana Wrongful Discharge from Employment Act limits employee damages for wrongful termination to four years of compensation.

True

An employer can be exposed to liability in tort (a civil wrong which causes someone harm) for the acts or omissions of the employee. This employment law concept is best known as: Respondeat superior Scope of employment Contracted agency Vicarious liability

Vicarious liability

Employees may claim wrongful termination through _________ or constructive discharge. common law discrimination supreme court tort claims

tort claims

A business is a(n) _____________ employment agency if it regularly procures employees for at least one covered employer. Unobligated Covered Uncovered Obligated

Covered

What is a precedent? An exception to the rule A controlling rule, example, or guide A group or person exempt from the laws A reason a law is made

A controlling rule, example, or guide

What is a precedent? Reason a law is made An exception to the rule A group or person exempt from the laws A controlling rule, example, or guide

A controlling rule, example, or guide

How many states recognize the public policy exception? 22 37 44 28

44

In the scope of employment context, which of the following is an example of frolic and detour? An employee runs a personal errand while driving to a meeting at a company branch office An employee runs an errand on his/her lunch break An employee runs a work errand while off work An employee works from home for the day

An employee runs a personal errand while driving to a meeting at a company branch office

In the scope of employment context, which of the following is an example of frolic and detour? An employee runs a work errand while off work An employee works from home for the day An employee runs a personal errand while driving to a meeting at a company branch office An employee runs an errand while on his/her lunch break

An employee runs a personal errand while driving to a meeting at a company branch office

Under the Employment-At-Will Doctrine, _______________. If an employee desires to quit, he or she needs to have a legally viable reason to want to depart from the organization An employer may terminate an employee at any time, for any legal reason, without incurring liability An employer can hire whomever it wants for whatever reason it wants Only federal employers can hire and fire employees at their own will

An employer may terminate an employee at any time, for any legal reason, without incurring liability

Under the Employment-At-Will Doctrine, _______________. If an employee desires to quit, he/she needs to have a legally viable reason to want to depart from the organization An employer can hire whomever it wants for whatever reason it wants An employer may terminate an employee at any time, for any legal reason, without incurring liability Only federal employers can hire and fire employees at their own will

An employer may terminate an employee at any time, for any legal reason, without incurring liability

Which of the following is not a qualification to fall under federal employment law statutes? An entity is not engaged in an industry-affecting commerce An entity's membership exceeds a certain number An entity maintains a hiring hall which procures employees for at least one covered employer An entity represents the employees of an employer

An entity is not engaged in an industry-affecting commerce

Which of the following is not a qualification to fall under federal employment law statutes? An entity's membership exceeds a certain number An entity maintains a hiring hall which procures employees for at least one covered employer An entity is not engaged in an industry-affecting commerce An entity represents the employees of an employer

An entity is not engaged in an industry-affecting commerce

What is the definition of an employer? A person who works to provide a good or service for another A person who pays for the goods or services of another An entity that employs another to work on his or her behalf for pay An entity that produces goods and services

An entity that employs another to work on his or her behalf for pay

What is the definition of an employer? An entity that employs another to work on his or her behalf for pay An entity that produces goods and services A person who pays for the goods or services of another A person who works to provide a good or service for another

An entity that employs another to work on his or her behalf for pay

What is the doctrince of Constructive Discharge? Conditions in which an employer needs to terminate an employee due to changing business plans and strategy Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit When an employee is creating such a harsh and unhealthy environment for other employees that management is forced to terminate him/her Situation in which the employer helps a discharged employee locate new employment

Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he or she had any other option but to quit

What is the doctrince of Constructive Discharge? Conditions in which an employer needs to terminate an employee due to changing business plans and strategy When an employee is creating such a harsh and unhealthy environment for other employees that management is forced to terminate him/her Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he/she had any other option but to quit Situation in which the employer helps a discharged employee locate new employment

Conditions of unfairness or mistreatment exist at work to such a degree that no reasonable employee would feel he/she had any other option but to quit

Agency is a __________ relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal. Informal Contract Formal Undefined

Contract

Agency is a(n) __________ relationship (a legally binding agreement) between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work on his or her behalf and with the power to bind the principal. Undefined Informal Contract Formal

Contract

What is the main purpose of the economic realities test? Understand the pressure unions are putting on the cost of business Determine whether the worker has little freedom to exit the relationship because he/she is economically dependent on the business Determine if a business has enough economic freedom to hire and fire whomever it deems necessary Discover if an organization can afford to hire more employees

Determine whether the worker has little freedom to exit the relationship because he/she is economically

What is the main purpose of the economic realities test? Understand the pressure unions are putting on the cost of business Discover if an organization can afford to hire more employees Determine if a business has enough economic freedom to hire and fire whomever they deem necessary Determine whether the worker has little freedom to exit the relationship because they are economically dependent on the business

Determine whether the worker has little freedom to exit the relationship because they are economically dependent on the business

Which of the following is not a recognized exception to at-will doctrine under the common law? Economic sustainability Public policy Implied covenant of good faith Implied contract

Economic sustainability

Which of the following is not a recognized exception to at-will doctrine under the common law? Implied contract Implied covenant of good faith Public policy Economic sustainability

Economic sustainability

Of the following classifications of worker, which causes the smallest obligation to the employer? Employee Independent contractor Union workers Both independent contractor and employee

Independent Contractor

Of the following classifications of worker, which causes the smallest obligation to the employer? Employee Independent contractor Union workers Both independent contractor and employee

Independent contractor

Operations of two or more employers are considered so intertwined that they can be considered a single employer for purposes of both federal statutory coverage and liability. This is known as a(n): Conglomerate Integrated enterprise Publicly traded company Free standing business

Integrated enterprise

Operations of two or more employers are considered so intertwined that they can be considered the single employer for purposes of both federal statutory coverage and liability. This is known as a(n): Publicly traded company Conglomerate Integrated enterprise Free standing business

Integrated enterprise

When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, __________ has occured. Constructive discharge Voiding a contract Intentional interference with a contract Statute of frauds

Intentional interference with a contract

When a third party, perhaps a co-worker or client, pressures the employer to terminate an employee without cause, it is referred to as: Constructive discharge Statute of frauds Intentional interference with a contract Voiding a contract

Intentional interference with a contract

The At-Will Doctrince has come under much criticism in the modern age because ____________. It gives employees too much power It diminishes the power of the employer It allows for possible harsh consequences for the employee It only applies to federal jobs and the public feels it should apply to all jobs

It allows for possible harsh consequences for the employee

When two or more entities, which are not engaged in an integrated exercise, exert control over an employee such that each entity may be considered an employer, this is known as the ___________ doctrine. Covered employer Shared employment Joint employer Double employment

Joint employer

_____________ prohibits termination for anything other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute. Stare decisis Vicarious Liability National Labor Relations Act Montana Wrongful Discharge From Employment Act

Montana Wrongful Discharge From Employment Act

_____________ prohibits termination for other than good cause once an employee has successfully passed a probationary period and allows for an employee to seek arbitration for a termination dispute. Vicarious Liability Montana Wrongful Discharge From Employment Act National Labor Relations Act Stare decisis

Montana Wrongful Discharge From Employment Act

The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed independent contractors. Which of the following is not a factor? Integration: How closely are the employer business processes linked to a worker's performance? Relationship: How many hours per year do the employee and employer spend time together outside of work? Training: How much training does the employer give? Instructions: Who controls when, where, and how work is to be done?

Relationship: How many hours per year do the employee and employer spend time together outside of work?

The IRS has adopted the 20-factor analysis as a guide to employers in determining if workers are indeed independent contractors. Which of the following is not a factor? Integration: How closely are the employer's business processes linked to a worker's performance? Relationship: How many hours per year do the employee and employer spend time together outside of work? Instructions: Who controls when, where, and how work is to be done? Training: How much training does the employer give?

Relationship: How many hours per year do the employee and employer spend time together outside of work?

"Let the master answer for the servant" applies to which vicarious liability doctrine? Respondent superior Respondent inferior Tort liability Frolic and detour

Respondent superior

Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description is referred to as: Dual purpose mission Scope of employment Respondeat superior Employment characteristics

Scope of Employment

Employee conduct which is reasonably relative to a job description and foreseeable by the employer as part of that job description is referred to as: Dual purpose mission Employment characteristics Scope of employment Respondeat superior

Scope of employment

The doctrine of a court following the precedent of an earlier court is known as: Secondary precedence Stare decisis Federal rule Judicial review

Stare decisis

Which of the following laws has the least amount of power under the Supremacy Clause? State laws Treaties and federal regulations Federal laws The Constitution

State laws

Which of the following laws has the least amount of power under the Supremacy Clause? The Constitution Federal laws Treaties and federal regulations State laws

State laws

Which of the following is not one of the three different tests commonly used to determine if a worker is an employee or independent contractor? The IRS 20-factor analysis The working description test The economic realities test The common law agency test

The working description test

Which of the following is not one of the three different tests commonly used to determine if a worker is an employee or independent contractor? The working description test The economic realities test The IRS 20-factor analysis The common law agency test

The working description test

Which of the following is not a purpose or function of the law? a. Settle private and public disputes b. Facilitate for private arrangements between individuals c. Determine procedures for changing the law d. Prevent desirable, or promote undesirable, behavior

d. Prevent desirable, or promote undesirable, behavior

If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a implied covenant public policy exception retaliatory discharge economic sustainability

retaliatory discharge

If an employee is terminated for claiming minimum wage or overtime compensation, engaging in union activities, opposing unlawful discriminatory practices, filing for workers' compensation, or "whistleblowing," the employer may face liability for a retaliatory discharge public policy exception implied covenant economic sustainability

retaliatory discharge