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
