Ch28 Employer and Employee Relations Flashcards Preview

Business Law > Ch28 Employer and Employee Relations > Flashcards

Flashcards in Ch28 Employer and Employee Relations Deck (74):
0

Relationship only arises from a contract of employment, express or implied.

Creation of Employer and Employee Relationship

1

Employers may hire whomever they want.

Creation of Employer and Employee Relationship

2

Employees have right to choose employee.

Creation of Employer and Employee Relationship

3

Relationship between employer and employee cannot exist without consent.

Creation of Employer and Employee Relationship

4

One who voluntarily performs the duties of an employee cannot subject the employer to the liabilities of an employer.

Creation of Employer and Employee Relationship

5

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

Length of Contract

6

Seldom does either party mention the length of the contract period.

Length of Contract

7

The terms of compensation can determine the contract period.

Length of Contract

8

Most situations have an indefinite length for the contract, and either party will terminate at any time or no reason at any time (employment at will).

Length of Contract

9

Many employees have significant job security and cannot be discharged without good cause.

Length of Contract

10

Terms, other than compensation, are stated by law, custom, employee handbooks, and, potentially, union contracts.

Determination of Contract Terms

11

Some courts hold the employer’s written policy manual constitutes terms.

Determination of Contract Terms

12

Employees began agreeing with unions to provisions of employment which applied to large numbers of employees.

Union Contracts

13

As an agent of employees, the union speaks and contracts for all employees collectively.

Union Contracts

14

Duty to exercise care

Duties and Liabilities of the Employer

15

Duty to provide a reasonably safe place to work.

Duties and Liabilities of the Employer

16

Duty to provide safe tools and appliances.

Duties and Liabilities of the Employer

17

Duty to provide competent and sufficient employees for the task.

Duties and Liabilities of the Employer

18

Duty to instruct employees with reference to the dangerous nature of employment.

Duties and Liabilities of the Employer

19

The employee’s contributory negligence.

Common Law Defenses of the Employer

20

The act of a fellow servant.

Common Law Defenses of the Employer

21

A risk assumed by the employee.

Common Law Defenses of the Employer

22

Statutes have modified the defenses an employer can take when sued for damages by an employee.

Statutory Modification of Common Law: Defenses.

23

An Employee, or relatives of employee, may recover damages for injury to, or death of, the employee.

Statutory Modification of Common Law: Worker's Compensation

24

Workers’ compensation laws allow recovery for work-related injuries or occupational diseases.

Statutory Modification of Common Law: Worker's Compensation

25

Actions for these damages are tried in court.

Statutory Modification of Common Law: Worker's Compensation

26

Workers’ compensation laws allow employee to sue another employee for injury.

Statutory Modification of Common Law: Worker's Compensation

27

Act designed to ensure safe and healthful working conditions.

Statutory Modification of Common Law: Occupational Safety and Health Act.

28

The Occupational Safety and Health Administration issues standards with which employers and employees must comply.

Statutory Modification of Common Law: Occupational Safety and Health Act.

29

Respondeat superior imposes liability on an employer for torts caused by employee.

Liabilities of the Employer to Third Parties

30

To be liable, employee must have caused injury during employment.

Liabilities of the Employer to Third Parties

31

Job performance

Employee’s Duties to the Employer

32

Business confidentiality

Employee’s Duties to the Employer

33

Granting of right to use inventions.

Employee’s Duties to the Employer

34

Old-age and survivors’ insurance.

Federal Social Security Act

35

Eligibility for Retirement Benefits.

Old-age and survivors’ insurance.

36

Assistance to persons in financial need.

Federal Social Security Act

37

Unemployment compensation

Federal Social Security Act

38

Disability and Medicare benefits

Federal Social Security Act

39

Taxation to Finance the Plan

Federal Social Security Act

40

Both employer and employee pay a payroll tax (FICA) of an equal percentage of all income earned in any year. The tax finances the unemployment compensation part of the act.

Taxation to Finance the Plan

41

Crossword Question: Over decades, the ______ _________ developed rules governing the relationship between an employer and employee. (Two words)

Common Law

42

Crossword Question: Because of labor unions, employee handbooks, employment contracts, many companies do not discharge an employee without ____________ ____________. (Two words)

good Cause

43

Crossword Question: This theory imposes liability on an employer for torts caused by employees.

Respondent Superior

44

Crossword Question: The employer's right to use the employee's invention without payment of a royalty. (Instructor: now if the employer is smart they will incent employees to do this for them. Now that is called intrapreneurship)

Inventions: Shop Right

45

Crossword Question: If you are hurt on the job and go to claim unemployment compensation, are you able to supplement your unemployment with being self-employed?

No

46

Crossword Question: The Federal Social Security Act has how many major provisions?

Four

47

Crossword Question: To be entitled to FULL or maximum retirement benefits, one must wait until what age? (Spell the numbers out)

Sixty-Five

48

Crossword Question: This acronym applies to every employer engaged in a business affecting interstate commerce except governments.

OSHA

49

Crossword Question: This is an employee who has the same status as another worker and works with that employee.

Fellow Servant

50

Crossword Question: An employment terminable by employer or employee for any reason. (Three words)

Employment at Will

51

Crossword Question: This rule states that employees assume the normal risks associated with certain employment.

Assumption at Risk

52

Crossword Question: Under the common law, the employer has how many well-defined duties?

Five

53

Crossword Question: One of the three duties owed to the employer by the employee.

Job Performance

54

Crossword Question: This rule states that an employer can escape liability for the breach of duty if it can be established that employee's own negligence contributed to the accident.

Contributory Negligence

55

Crossword Question: This acronym is paid by both employee and employer through payroll taxes and may be changed at any session of Congress for the Social Security Act.

FICA

56

Cengage Learning: Theory imposing liability on employers for torts of employees

Respondeat Superior

57

Cengage Learning: Employment terminable by employer or employee for any reason

Employment at Will

58

Cengage Learning: Employee with same status and working with another worker

Fellow Servant

59

Cengage Learning: Employer’s right to use employee’s invention without payment of royalty

Shop Right

60

1. Common law governing the relationship between employers and employees has not been modified much by statute.

False

61

2. The length of the contract of employment is not always implied by the terms of compensation.

True

62

3. Because of labor legislation, union contracts, employee handbooks, and at-will employment laws, employees have little job security.

False

63

4. Workers' compensation laws allow recovery by an employee for injuries that arise within the course of the work from a risk involved in that work regardless of negligence.

True

64

5. The Federal Employers Liability Act applies to common carriers engaged in interstate commerce.

True

65

6. Employers are not required to keep records of work-related injuries or illnesses.

False

66

7. The Occupational Safety and Health Act applies to all private and governmental employers.

False

67

8. At common law, an employee who suffered an injury because the employer failed to provide enough employees to safely perform a job could sue an employer.

True

68

9. When an employer-employee situation has an indefinite length for the contract and either the employer or employee may terminate employment for any reason or for no reason at all, it is called:

Employment at will

69

10. OSHA stands for:

Occupational Safety and Health Act.

70

11. An employee with the same status and working with another worker is called a ________.

fellow servant

71

12. An employer has the duty of:

exercising reasonable care

72

13. The employer's right to use an employee's invention without the payment of royalty is called ________.

a shop right

73

14. Employees have a duty to employers to:

perform the job honestly and ethically.