Deck 1: The Employment Relationship

Question 1

Matching
a. ratification
b. principal
c. estoppel
d. employee
e. respondeat superior
f. economic realities
g. temporary employees
h. negligent hiring
i. independent contractor
j. joint employment
The master 's careless hiring of someone who is likely to injure third parties.

Answer 1

h

Question 2

Employment at will applies to employees subject to union contracts.

Answer 2

False

Question 3

Matching
a. ratification
b. principal
c. estoppel
d. employee
e. respondeat superior
f. economic realities
g. temporary employees
h. negligent hiring
i. independent contractor
j. joint employment
A person who contracts with an "employer" to do a particular piece of work by his or her own
methods and under his or her own control.

Answer 3

i

Question 4

An agent has the legal authority to act on behalf of the principal and to bind the principal to third persons by contract.

Question 5

Matching
a. ratification
b. principal
c. estoppel
d. employee
e. respondeat superior
f. economic realities
g. temporary employees
h. negligent hiring
i. independent contractor
j. joint employment
The confirmation and acceptance of a previous act done by another person.

Question 6

An employer 's responsibilities and liabilities generally are greater when a worker is an employee
than when the worker is an independent contractor.

Question 7

Matching
a. ratification
b. principal
c. estoppel
d. employee
e. respondeat superior
f. economic realities
g. temporary employees
h. negligent hiring
i. independent contractor
j. joint employment
An individual is stopped by his or her own prior acts from claiming a right against another per-
son who has legitimately relied on those acts.

Question 8

Employment relationships may initially be defined in two broad categories: master-servant and independent contractor.

Question 9

Matching
a. ratification
b. principal
c. estoppel
d. employee
e. respondeat superior
f. economic realities
g. temporary employees
h. negligent hiring
i. independent contractor
j. joint employment
Workers of one employer who are assigned to a relatively short project of another employer, the
"client company."

Question 10

Matching
a. ratification
b. principal
c. estoppel
d. employee
e. respondeat superior
f. economic realities
g. temporary employees
h. negligent hiring
i. independent contractor
j. joint employment
A person in the service of another under any contract of hire, express or implied, oral or written,
where the employer has the power or right to control and direct the employee in the material
details of how the work is to be performed.

Question 11

An agent owes the principal a high duty of loyalty and is prohibited from acting on behalf of himself in any transaction for the principal.

Question 12

Matching
a. ratification
b. principal
c. estoppel
d. employee
e. respondeat superior
f. economic realities
g. temporary employees
h. negligent hiring
i. independent contractor
j. joint employment
An employer or anyone else who has another person do things for him.

Question 13

All governmental agencies must be consistent in their classifications of a worker as an employee.

Question 14

If a third person is injured by a servant who is not fit to do the job for which he or she has been hired, the master is not liable.

Question 15

All states recognize the public policy exception to employment at will.

Question 16

An essential element for a judicial finding of a master-servant relationship is the extent of con- trol exercised by the master.

Question 17

The existence of an employment agreement reflecting that an individual is an independent con- tractor is sufficient to establish the independent contractor status.

Question 18

Matching
a. ratification
b. principal
c. estoppel
d. employee
e. respondeat superior
f. economic realities
g. temporary employees
h. negligent hiring
i. independent contractor
j. joint employment
The doctrine of the master 's liability for a servant's action within the scope of employment.

Question 19

Matching
a. ratification
b. principal
c. estoppel
d. employee
e. respondeat superior
f. economic realities
g. temporary employees
h. negligent hiring
i. independent contractor
j. joint employment
A job in which the essential terms and conditions of the employee's work are controlled by two
or more entities.

Question 20

Matching
a. ratification
b. principal
c. estoppel
d. employee
e. respondeat superior
f. economic realities
g. temporary employees
h. negligent hiring
i. independent contractor
j. joint employment
A test focusing upon whether a worker is dependent upon the business for which he or she is
working.