Deck 21: Management Perspective: Independent-Contractor Negligence

Question 1

AgriEquip Service & Supply,Inc. ,sends Merilyn an e-mail in which AgriEquip offers to employ her for certain hours and a specific amount of money over a limited period of time.She responds with a counteroffer that reduces the hours and increases the money.AgriEquip e-mails an acceptance.Merilyn performs,but AgriEquip refuses to pay.She files a suit against AgriEquip for breach of contract.The court is most likely to rule that the e-mail

A)showed only an agreement to agree.
B)was an agreement to the essential terms of an employment contract.
C)constituted an unenforceable,non-existent contract.
D)contained a contract but is unenforceable because it is electronic.

Answer 1

B

Question 2

The Warehouse Workers Union represents Valley Transfer Company's employees in collective bargaining negotiations over a new contract.In a memo to the employees,Valley's president Uri accuses the union of delaying tactics.Later,Troy,a Valley employee,tells Stella,his supervisor,that Uri is "a m * * * * * f * * * * r." Stella fires Troy for violating a company rule against "threats." Troy files a suit against Valley.Under the holding in Media General Operations,Inc.v.National Labor Relations Board,the court will most likely conclude that the National Labor Relations Act

A)did not protect Troy from discharge.
B)does not apply to the use of profanity.
C)protected Troy from discharge.
D)requires Troy's immediate arrest.

Answer 2

A

Question 3

According to the court in the Media General Operations,Inc.v.National Labor Relations Board case,in determining whether a discharge for an employee's "outburst" in violation of a workplace rule violates the NLRA,significant factors include

A)the ability of the employee to obtain employment elsewhere.
B)the nature of an employee's outburst.
C)the sensitivity of those who witness the outburst.
D)the specific phrasing of the rule.

Answer 3

B

Question 4

According to the dissent's opinion in Media General Operations,Inc.v.National Labor Relations Board,in determining whether a discharge for an employee's "outburst" in violation of a workplace rule violates the NLRA,the court should focus on whether

A)the arrest of the employee is warranted.
B)the NLRA generally protects the employee from discharge.
C)the remark undermines workplace discipline.
D)the rule is fair and justifiable.

Question 5

Pharma Meds Corporation employs Ogilvie under an employment contract that sets out a specific amount of money to be paid for certain results over a stated period of time.During the term of the contract,it becomes clear that the results are not likely to be attained.Pharma then gives Ogilvie the option of accepting a lesser position with fewer duties for less money.Ogilvie accepts via e-mail,but soon files a suit against Pharma for breach of the original contract.The court is most likely to rule that Ogilvie's e-mail

A)showed only an agreement to agree.
B)accepted the proposed modification of the employment contract.
C)constituted a non-binding,non-contractual communication.
D)contained an acceptance but is unenforceable because it is electronic.

Question 6

Jewel Property Company hires Klint,an independent contractor,to wash the windows of Jewel's commercial building.Jewel's tenant Lucy is injured when Klint closes a window on her hand.In determining whether Jewel is liable for Lucy's injury,the most important factor is

A)Jewel's employment of Klint.
B)Jewel's investigation of Klint's background and experience.
C)the condition of the premises,especially the window.
D)the degree of control that Jewel maintained over Klint's actions.

Question 7

Gass Propane Company hires Hick,an independent contractor,to make deliveries.During a delivery,Iggy is killed in an accident caused by Hick's negligence.Iggy's widow Jade files a suit against Gass,asserting that the employer is liable.Gass argues that it had no control over the manner in which Hick did his work.The court is most likely to hold that Gass is

A)liable because Gass employed Hick.
B)liable because Gass should have investigated Hick's qualifications.
C)not liable because Gass did not control Hick's work.
D)not liable because the delivery vehicle was probably faulty.