Deck 31: The Employer-Employee Relationship

Question 1

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

Answer 1

False

Question 2

A negative reference by an employer can give rise to two kinds of lawsuits brought by current or former employees.

Answer 2

True

Question 3

Employers are asked to provide references for employees who are currently working for them or who have worked for them in the past.

Answer 3

True

Question 4

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

Question 5

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

Question 6

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 7

The Internal Revenue Service test includes items such as who provides instruction,training,and tools; who sets hours; who determines where the work is performed and the sequence of work; and how payment is made to the worker.

Question 8

The employee is personally liable for wrongful acts that result in injuries to a third party,whether they are intentional or the result of negligence.

Question 9

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

Question 10

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 11

In all the states of the U.S.,the provisions contained in an employee handbook are considered as a kind of contract between the employer and the employee.

Question 12

An employee and an independent contractor are one and the same.

Question 13

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

A) legal in nature.
B) social in nature.
C) political in nature.
D) ethical in nature.

Question 14

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 15

The employer must protect the employee by providing all of the following,EXCEPT:

A) a safe and sanitary place to work.
B) proper tools and machinery for the job to be performed.
C) an environment free of competition.
D) careful and competent employees with whom to work.

Question 16

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

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

The acts of an employee committed while performing duties 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 19

According to the doctrine of employment at will,only the employer may chose to terminate the employee from an employment at any time.

Question 20

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

Question 21

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 22

_________ receive a 1099 tax form:

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

Question 23

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 24

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 25

It is important to distinguish between employees and independent contractors,because employees usually cannot sue their employers for ___________,whereas independent contractors can sue the person with whom they made the contract.

A) personnel training
B) predestinated injuries
C) on-the-job injuries
D) patented knowledge

Question 26

The _____________ publishes a kind of test that is used to aid individuals in determining whether or not a worker fits the status of an employee or an independent contractor.

A) Internal Tax Service
B) External Affairs System
C) Federal Immigration Service
D) Internal Revenue Service

Question 27

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

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

Question 28

Early exceptions to the doctrine of employment that disallowed an employee from being terminated included all the following,EXCEPT:

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

Question 29

An employer can safely disclose information about a current or former employee in the following areas,EXCEPT when the information includes the employee's:

A) prior employment and educational history.
B) character as such relates to the job.
C) performance capabilities.
D) investment details and papers.

Question 30

The termination procedures of a company 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

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 32

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

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

Question 33

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 34

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 has actually:

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

Question 35

The doctrine of _____________,states that,just as an employee may choose to terminate his or her employment at any time he or she wishes,so too 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 36

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 37

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

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

Question 38

An employee handbook contains all of the following information,EXCEPT:

A) history of the company.
B) hiring procedure.
C) hours of employment.
D) rules of respondeat superior.

Question 39

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 40

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

A) signing the agreement.
B) giving a reasonable time to file a claim.
C) giving the right to be represented by an attorney.
D) appointing the arbitrator.

Question 41

State and describe any three contents of an employee handbook.

Question 42

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

Question 43

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

Question 44

Describe the Fair Labor Standards Act of 1938 (FLSA)and list the categories of employees who are excluded from coverage under this act.