Exam 12: Employee and Employer Rights and Duties

Charles Grubb, 64 years old, was terminated from his laundry manager position at Foote Memorial Hospital. Foote Memorial Hospital had recently purchased the Sisters of Mercy Hospital and was in the process of reorganization when Grubb received his notice. When the hospital decided to eliminate Grubb's position, it offered him the position of a truck driver. In addition, Grubb's supervisor had told him earlier that he was "too old and set in his ways" and that he ought to retire.​Grubb's responsibilities as a truck driver were given to a woman who was 63 years old. Grubb claims that he was terminated as a result of age discrimination. Did the hospital violate the ADEA?

Jeffrey works at a retail shop in a nice resort. The owner told him the because of the upscale stock, he was never to discount any of the merchandise. A customer noted that a small tea set which she wanted to buy was missing a spoon, and asked if Jeffrey could reduce the price, which he did by twenty percent. Which of the following statements is FALSE? ​ ​

A legal doctrine where an employer is held liable for the acts of an employee even if the employer is not negligent. The doctrine is called _________________ .​

Labor of persons under age 18 is not regulated under federal law.

The technicians at television station KTVE went out on strike in a dispute over the terms of a proposed contract. The strike dragged on for weeks. Ordinary picketing seemed to be ineffective, so some of the strikers prepared and distributed 5,000 handbills, which in sharp language disparaged the quality of KTVE programs. The employer fired those responsible for the printing and distribution. As an employer, we KTVE guilty of an unfair labor practice?​

Ameg, a Nigerian-born, Muslim, black man was employed in the room-service department at Consumer's Resort Hotel. He made several unsuccessful attempts to transfer to the marketing department. Ameg had completed high school in Nigeria and received an undergraduate business degree in marketing at Roosevelt State University in Rhode Island. Last week he interviewed for a transfer again, and he did not get the new job. He found out later that another applicant had gotten the job, and that the other applicant had less experience and had not completed his college degree in business at American Baptist University. What legal arguments might Ameg raise with Consumer's Resort Hotel?​

The ________________ has the power to institute civil actions in court to eliminate violations of the Civil Rights Act of 1964.​

An agent may legally accept fees or gratuities from third parties with whom he or she is dealing on behalf of the principal without the principal's knowledge as long as the agent does not use any money gained for recreational purposes.

Michelle Vinson sued Meritor Savings Bank claiming that she had "constantly been subjected to sexual harassment." She claimed that Sidney Taylor, a vice-president and branch manager, made sexual advances toward her, to which she acquiesced out of fear of losing her job. She testified that Taylor fondled her in front of other employees and forcibly raped her. Which of the following statements is TRUE?​

A fiduciary relationship exists when the law requires that a person act on behalf of another with scrupulous good faith and honesty.​

In an agency shop the worker although not required to join a union is required to support the union by paying a representative fee.​

In which of the following circumstances would the discharge be lawful?​

Disparate impact is (are)

African American employees brought filed suit under Title VII of the Civil Rights Act of 1964, challenging the employer's requirement of a high school diploma as a condition of employment at a power plant because it had the effect of disqualifying minorities from employment at a higher rate than others. Which of the following statements is TRUE?​

A radio station hired a market research firm to evaluate its programming and propose changes to its content to increase revenue/profits. As a result, a disc jockey's "oldies" programming air time was reduced and eventually eliminated. He complained that he was the victim of age discrimination. What defense should the employer assert?​

Although the point is disputed, which of the following federal laws is generally regarded as unfavorable to unions?​

Mr. Sagacious was fired from his job after a wrestling fight with another employee. What would his best argument for reinstatement be?​

Which of the following is correct about employment relationships?​

Carlos Kraushar was an enterprising junior at River City College. He entered into a contract with several farmers, whereby he would take delivery of truckloads of tomatoes, without purchasing them, and attempt to sell the tomatoes in bulk to roadside produce merchants for the benefit of the farmers. If he made a sale, it was on credit and payments were made to the individual farmers. If any roadside vendor failed to make a payment, Carlos made good on the loss and paid the farmer. He would return unsold tomatoes to the farmers and they would in turn sell them for hog feed. The farmers paid Carlos 25% of all the payments they received from the produce merchants. What terms best describe Carlos?​

A significant improvement in the legal status of some employees was made by the Equal Employment Opportunity Act of 1972. The act​