Deck 28: Employer and Employee Relations

Question 1

A contract can be terminated at any time by both an employer and an employee. This situation is known as _____.

A) employment without dependence
B) employment at will
C) employment at cost
D) employment without liability

Answer 1

B

Question 2

An employer's right to use an employee's invention without payment of a royalty is known as the _____.

A) factory right
B) inventory right
C) shop right
D) floor right

Answer 2

C

Question 3

An employer can escape liability for breach of duty if it can be established that the employee's own negligence contributed to the accident.

Answer 3

True

Question 4

A fellow servant is an employee who has the same status as another worker and works with that employee.

Question 5

A deceased employee's family cannot recover damages for death which occurred during the course of employment.

Question 6

An employee discharged without cause may recover wages due up to the end of  the contract period from the employer.

Question 7

Mike, a member of an employees' union, negotiates his salary and reimbursement package directly with the employer. However, this was contrary to the collective union policy. Which of the following is legally permissible in this scenario?

A) The other members of the union can sue Mike and claim monetary damages.
B) Mike can be sued by the union for by passing it and contracting directly with the employer.
C) Mike and the employer are well within their rights to sign a contract.
D) The employer is liable to nullify the contract made with Mike.

Question 8

A union contract binds the employer to recognize certain scales of union wages.

Question 9

Jim had a contract with his firm for a period of 12 months. However, he was discharged from duty during the tenth month of the contract period, and the employer failed to provide a valid reason for the dismissal. Which of the following is likely to occur in this scenario?

A) The employer has the right to dismiss his employees without a valid reason.
B) Jim can sue individual members of the organization for his dismissal.
C) Jim can sue the company for wrongful dismissal before completion of contract period.
D) The employer can sue Jim for failure to perform adequately a few months later.

Question 10

The theory of respondeat superior states that an employer is liable for personal injury committed outside the course of employment.

Question 11

An employer is never liable for intentional torts when the conduct constitutes a risk attributable to the employer's business.

Question 12

Which of the following is a duty of an employer towards an employee?

A) The employer has the duty to provide sufficient entertainment during breaks.
B) The employer has the duty to provide a reasonably safe place to work.
C) The employer has the duty to match the wages provided by another organization.
D) The employer has the duty to collate employers of the same race together.

Question 13

Which of the following is true of duties that an employee has toward the employer?

A) An employee retains no duty of confidentiality regarding business matters.
B) An employee is expected to work toward advancing the employer's interests.
C) An employee's inventions must be handed over to the employer without fail.
D) An employee should perform over and above ordinary skill level consistently.

Question 14

Which of the following is likely to occur, if an employee dies during the course of his daily work, as a result of negligence?

A) The employee's co-workers can claim compensation from the employer for the death.
B) The employee's family can claim compensation after death.
C) The employer can sue the employee's family for damages caused by negligence.
D) The employer can claim exemption due to negligence on the part of the employee.

Question 15

If an employee invents a new process during the course of employment, the title of ownership of the new invention passes to the employer.

Question 16

Explain disability and medicare benefits.

Question 17

Which of the following is true of the theory of respondeat superior?

A) It imposes liability on an employer for torts caused by employees.
B) It imposes liability on an employee for property damage committed during employment.
C) It imposes liability on employees for negligence without any direction from the employer.
D) It imposes liability on an employer for damage caused by fellow partners.

Question 18

The family of a worker who dies while fully insured at the time of death has a right to survivors' benefits.

Question 19

Under the common law, an employer does not have the duty to provide competent employees for the task.

Question 20

The relationship of employer and employee arises only from an express contract of employment.