Deck 31: The Employer-Employee Relationship

Question 1

Nothing distinguishes an independent contractor and an employee.

Answer 1

False

Question 2

The employer is personally liable for injuries to third parties for intentional or negligent torts of her employees, whether committed within the ordinary scope of employment or not.

Answer 2

False

Question 3

Information on leaves of absence, jury duty, military leave, and leaves for marriage or religious purposes are not part of the employee handbook.

Answer 3

False

Question 4

The acts of an employee committed while performing duties are not considered as the acts of the employer.

Question 5

An employer must pay an employee the agreed-upon wage, subject to company policy, union contracts, and government mandates, for his or her services.

Question 6

Independent contractors are under the direct control of the person who hires them.

Question 7

In every state in the United States, the provisions contained in an employee handbook are considered a contract between the employer and the employee.

Question 8

According to the doctrine of employment at will, only the employer, and not the employee, may choose to terminate the employment relationship at any time.

Question 9

It is the employee's duty to:

A) obey his or her employer's lawful orders concerning the employment.
B) be careful and less competent than his or her colleagues.
C) create an environment free of competition.
D) provide a safe and sanitary place to work.

Question 10

The acts of an employee committed while performing duties for the employer are considered:

A) his or her own responsibility alone.
B) the acts of the employer.
C) free of liability.
D) to be the court's responsibility.

Question 11

The employer owes several duties to his or her employee. These duties include:

A) Providing a safe and sanitary place to work.
B) Providing a minimum of two weeks paid vacation.
C) Providing a one hour paid lunch break.
D) Providing paid health insurance to the employee and his/her family.

Question 12

An employee handbook should contain information related to the history of the company, including its mission and philosophy.

Question 13

Under workers' compensation laws, any employee who is injured in the course of employment is permitted to recover compensation for the injury:

A) only if the injury was due to employer's gross negligence or intentional act.
B) regardless of whether the injury was due to employee's gross negligence or intentional act.
C) unless the injury was due to employee's gross negligence or intentional act.
D) unless the injury was due to employer's gross negligence or intentional act.

Question 14

A negative reference by an employer about current or former employees can give rise to lawsuits including those for invasion of privacy, defamation, and negligent misrepresentation.

Question 15

Employers need not exercise care when asked to provide references for employees who are currently working for them or who have worked for them in the past.

Question 16

An employer is responsible for an employee's torts committed within the scope of employment.

Question 17

Employment contracts frequently have clauses related to maintaining confidentiality with respect to trade secrets, restrictive covenants, and agreements to arbitrate in the event of a dispute between the parties.

Question 18

A legal doctrine known as "respondeat superior" is a Latin term meaning:

A) "let the employee beware."
B) "let the court answer."
C) "let the master answer."
D) "let the employer beware."

Question 19

One factor in the Internal Revenue Service's factors test for determining whether a worker fits the status of an employee or an independent contractor is the worker's title.

Question 20

A current or former employee does not have the right to sue his or her employer for defamation.

Question 21

A contract that specifies that the employer agrees to pay, and the employee agrees to work, for a specified period of time at a specified salary is known as a(n):

A) wagering agreement.
B) specific performance.
C) employment contract.
D) independent contract.

Question 22

The Internal Revenue Service test aids businesses and individuals in distinguishing employees from:

A) independent contractors.
B) employers.
C) agents.
D) executors.

Question 23

An employee handbook typically contains which of the following?

A) The history of the company..
B) The Company's independent contractors.
C) An employee directory.
D) The Company's caveat emptor provisions.

Question 24

_________ receive a 1099 tax form:

A) Executors
B) Agents
C) Independent contractors
D) Testators

Question 25

It is important to recognize the importance of employee and independent contractor distinctions because in order to apply the applicable law, a court first needs to determine whether or not the employer-employee relationship :

A) has ceased.
B) has been ratified.
C) has been negated.
D) existed.

Question 26

Disclosing personal, irrelevant information about a former employee amounts to:

A) defamation.
B) invasion of privacy.
C) illegal restraint of trade.
D) violation of restrictive covenant.

Question 27

If the employer provides information to a third party that is untrue, then a current or former employee may sue his or her employer for:

A) theft.
B) burglary.
C) defamation.
D) negligence.

Question 28

It is illegal to terminate an employee for reasons that amounted to:

A) division of labor.
B) illegal discrimination.
C) class legislation.
D) suspicion.

Question 29

The doctrine of _____________ means an employee may choose to terminate his or her employment at any time he or she wishes and an employer may terminate an employee's employment at any time for a good reason, a bad reason, or no reason at all.

A) res subjudice
B) res judicata
C) precedent
D) employment at will

Question 30

The termination procedures of a company typically include exit interviews and the requirement that employees must return:

A) his account statement.
B) his salary statement.
C) all company property.
D) his appointment letter.

Question 31

Early exceptions to the doctrine of employment at-will include all of the following EXCEPT:

A) insubordination.
B) active duty in the military.
C) whistleblowing.
D) jury duty service.

Question 32

An employer can safely disclose information about a current or former employee in the following areas EXCEPT for areas related to the employee's

A) prior employment and educational history.
B) character as it relates to the job.
C) performance abilities.
D) religious affiliation.

Question 33

The doctrine of employment at will has been eroded by federal, state, and local statutes; by court decisions; and by:

A) social attitude.
B) moral behavior.
C) company agenda.
D) public policy.

Question 34

Many employers provide employees with ______________and manuals that contain the many policies of the firm.

A) employee handbooks
B) articles of association
C) memorandum of association
D) prospectus

Question 35

The U.S. Supreme Court has ruled that arbitration clauses in employment contracts are enforceable provided the following conditions are met EXCEPT:

A) The employee has signed the employment contract.
B) The employee has a reasonable time to file a claim.
C) The employee has the right to be represented by an attorney.
D) The employee has the right to appoint the arbitrator.

Question 36

A person or firm that performs services for another is known as a(n):

A) independent contractor.
B) agent.
C) principal.
D) seller.

Question 37

The individual to whom a W-2 tax form is provided is:

A) the employer.
B) the employee.
C) the testator.
D) the agent.

Question 38

The _____________ publishes a kind of test that is used to help determine whether or not someone is an employee or an independent contractor.

A) U.S. Attorney's Office
B) Department of Sate
C) Federal Trade Commission.
D) Internal Revenue Service

Question 39

Freelance writers and photographers, private-duty nurses, painters, and plumbers are considered:

A) principals.
B) independent contractors.
C) sellers.
D) artisans.

Question 40

An employer is ___________ for an employee's torts committed within the scope of employment;

A) not responsible
B) rewarded
C) responsible
D) ostracized

Question 41

Describe independent contractors and their legal relationships with those who hire them.

Question 42

Explain the concept and purpose of the Internal Revenue Service Test.

Question 43

What is an employee handbook and what do they typically contain?

Question 44

Describe the Fair Labor Standards Act of 1938 (FLSA) and to whom this law applies.