Topic 1: The Nature of the Employment Relationship

Question 1

20-factor Analysis

Answer 1

A guide adopted by the Internal Revenue Service for determining if a worker should be classified as an independent contractor.

Question 2

ADEA

Answer 2

Age Discrimination in Employment Act

Question 3

Agency

Answer 3

A contract relationship between a principal and an agent whereby the principal authorizes the agent to work on his or her behalf and with power to bind the principal.

Question 4

Arbitration

Answer 4

A procedure for resolving collective bargaining impasses by which an arbitrator (third party) choose a solution to the dispute.

Question 5

Common Law

Answer 5

Principles developed over centuries as a result of legal decisions made by judges in individual cases.

Question 6

Common Law Agency

Answer 6

A test that classifies a worker as an employee if the employer maintains the right to control the method of work performed.

Question 7

Constructive Discharge

Answer 7

Resignation of an employee because an employer allows working conditions that are no longer tolerable for any reasonable employee.

Question 8

Contract

Answer 8

A legally binding agreement between two parties.

Question 9

Covenant of Good Faith

Answer 9

A presumption that each party in a contract will deal with each other in good faith and fairness.

Question 10

Covered Employer

Answer 10

An employer that is engaged in a commerce industry and employs fifteen or more employees.

Question 11

Covered Employment Agency

Answer 11

An agency that regularly procures employees for at least one covered employer; subject to employment law regulation.

Question 12

Dual Purpose Mission

Answer 12

Occurs when an employee conducts personal and work business at the same time; subjecting the employer to liability for the employee’s actions

Question 13

Economic Realities Test

Answer 13

A test that classifies a worker as an employee if the employee is substantially economically dependent on an employer.

Question 14

Employee

Answer 14

One who performs services under the direction and control of another.

Question 15

Employer

Answer 15

One who employs the services of others in exchange for wages.

Question 16

Employment-at-will Doctrine

Answer 16

The predominant rule governing employer-employee relations that states that an employer may terminate an employee at any time, for any legal reason, without incurring liability.

Question 17

Frolic and Detour

Answer 17

An employee’s physical departure from the job in order to further his or her own interests and not the employer’s.

Question 18

Going and Coming Rule

Answer 18

A legal principle that removes an employer’s liability from employees’ actions going to and from their place of employment.

Question 19

IRCA

Answer 19

Immigration Reform and Control Act

Question 20

Implied Contract

Answer 20

A legally binding agreement which is created, not through formal contract negotiation and documentation, but by the actions of the employer and the employee.

Question 21

Implied Covenant of Good Faith and Fair Dealing

Answer 21

A presumption that each party in a contract will deal with each other in good faith and fairness.

Question 22

Independent Contractor

Answer 22

A worker who is not subject to wage, discrimination, tax, or liability laws.

Question 23

Integrated Enterprise

Answer 23

A business environment in which operations of two or more employers are so intertwined that they can be considered as a single employer for purposes of federal statutory coverage and liability.

Question 24

Intentional Infliction of Emotional Distress

Answer 24

An employee’s claim that an employer terminated an employee in an intentionally reckless or outrageous manner that caused serious emotional and psychological damage.

Question 25

Intentional Interference with a Contract

Answer 25

An employee’s claim that a third party pressures the employer to terminate an employee without cause.

Question 26

Joint Employer

Answer 26

Two entities, not engaged in an integrated enterprise, that each exert control over an employee.

Question 27

Joint Ownership

Answer 27

Right of ownership shared by two or more owners such that on the death of an owner his or her right passes on to surviving owner(s), the last survivor becoming the full owner.

Question 28

Judicial Review

Answer 28

The power of the Supreme Court to consider whether a law complies with the Constitution.

Question 29

Law

Answer 29

A binding set of rules for human behavior established by legitimate authority.

Question 30

NLRA

Answer 30

National Labor Relations Act

Question 31

Precedent

Answer 31

A controlling rule, example, or guide established by a judge that provides a framework for other judges to follow in later cases

Question 32

Progressive Discipline

Answer 32

Performance management tool designed to modify employee behavior by using a set of increasingly severe discipline steps, with consequences, that hold the employee responsible.

Question 33

Public-policy Exception

Answer 33

A rule of exception to the employment at-will doctrine that states that an employer cannot terminate an employee for reasons that violate public policy.

Question 34

Retaliatory Discharge

Answer 34

Termination of an employee as punishment for engaging in a protected activity.

Question 35

Scope of Employment

Answer 35

Employee conduct that is reasonably relative to a job description.

Question 36

Stare Decisis

Answer 36

(Latin for “let the decision stand”) the doctrine of a court following the precedent of an earlier court

Question 37

Statute of Frauds

Answer 37

A doctrine that requires certain contracts to be in writing.

Question 38

Supremacy Clause

Answer 38

Article VI, Paragraph 2 of the Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Question 39

Tort

Answer 39

A civil wrong which causes someone harm.

Question 40

U.S Constitution

Answer 40

Established America’s national government and fundamental laws, and guaranteed certain basic rights for its citizens.

Question 41

USERRA

Answer 41

Uniformed Services Employment and Reemployment Rights Act

Question 42

Vicarious Liability

Answer 42

A form of secondary liability that comes from the doctrine of respondeat superior – “let the master answer for the servant”.