mid term

Question 1

Employment relationship

Answer 1

the rendering of personal service by one person on behalf of another in return for compensation.

Question 2

Agency

Answer 2

is a contracted relationship, involving an agent and a principal, in which the agent is given the authority to represent the principal in deals with 3rd parties. ( Kind of like sport agent ) If you’re an employee the company is the agent.

Question 3

Independent contractor

Answer 3

an individual hired by an employer to perform a specific task.

Question 4

Duty of loyalty

Answer 4

that’s an employee has a duty to inform, obey instructions and protect confident information.

Question 5

Duty to act

Answer 5

in good faith means that the employee or independent contractor must carry out the task assigned by using reasonable skill and care.

Question 6

Duty to account

Answer 6

employees or independent contractors have a duty to account for all compensations received, including kickbacks upon employers request.

Question 7

Duty to compensate

Answer 7

An employer has the Duty to compensate – the employee or independent contractor for the work performed.

Question 8

Maintenance of safe working conditions

Answer 8

is another obligation placed on the employer. Any tools or equipment furnished to the employee must be in proper working order; otherwise, the employer may be liable for the harm done to the employee.

Question 9

Scope of employment

Answer 9

means the worker is on the job. If an employee is injured during the scope of employment, then the employee will be covered by workers’ compensation. (Workers comp)

Question 10

Inevitable disclosure

Answer 10

Employers are protected against disclosure of trade secrets even if no noncompete applies

Question 11

Negligent hire

Answer 11

not correctly doing the background checks or fully doing your job

Question 12

Drug-Free Workplace Act of 1988

Answer 12

Only applies to federal employees, Some private sector firms use the act’s guidelines

Question 13

Unique Considerations of HIV/AIDS Testing

Answer 13

For the test to be justified, it must serve a legitimate business purpose. The test reports only the subject’s status as of several weeks or months in the past.

Question 14

HIV-positive employee may be protected under

Answer 14

–Federal Vocational Rehabilitation Act
–Americans with Disabilities Act

Question 15

Employers monitoring

Answer 15

To protect the company’s trade secrets, To protect the security of the company’s computer systems and data, To guard against and reduce the risk of liability

Question 16

One party consent State

Answer 16

you can record the conversation if you are a party. If you are not a party, then you can record the call provided one party consents to it with full knowledge and notice that the conversation is being recorded. Federal law (18 USC § 2511(2)(d))

Question 17

Two Party Consent State

Answer 17

Must have consent of BOTH parties to record a phone call. 12 states CA, CN, FL, IL, MD, MA, MI, MN, NV,
NH, PA, & WA.

Question 18

Purple Communications, Inc.

Answer 18

An employer who allows an employee to use its computer systems may not prevent the employee from communicating about union activities

Question 19

Conversion

Answer 19

is the unlawful taking of personal property from the possession of another. It is the converting of another’s property for one’s own use.

Question 20

Larceny

Answer 20

is the theft of property

Question 21

Robbery

Answer 21

is the theft of property with the use of a weapon or with force

Question 22

Arbitration

Answer 22

an alternative to (a legal action) because it is generally considered to be less expensive and less time consuming.

Question 23

Arbitrator

Answer 23

a person who examines documents and listens to
testimony, then grants an award based on a factual determination.

Question 24

Consent decree

Answer 24

is issued by the court setting forth the agreed-upon terms.

Question 25

Mediation

Answer 25

Is another method that can be used to resolve disputes.
It is usually less time consuming, less expensive, and less stressful.

Question 26

Mediator

Answer 26

This individual, often experienced in dispute resolution,
attempts to aid the parties in finding common ground.

Question 27

Title VII (7) :

Answer 27

Helps protect small groups of people (protected classes, race, sex)
This Act applies to:
* Employers with 15 or more employees
* Local, state and federal governments
* Public and private universities
* Employment agencies
* Labor organizations

Question 28

Disparate treatment

Answer 28

exists when an employer treats an individual differently because that individual is a member of a particular race, religion, gender, or ethnic group.

Question 29

Racial harassment

Answer 29

in the workplace exists when conduct by co-
workers, superiors, or the organization itself has created a hostile work environment based on race in which the victimized employee’s ability to do his or her job has been impaired.