Ch23,24.25 Flashcards
An employment contract for more than one year must be in writing
True or False
True
An employee always has access to his personnel records
True or False
False
In an employment at will states an employee may be fired at any time with or without cause
True and False
True
An employer may always test an employee for drug usage
True or False
False
The states, but not the federal gov’t have enacted workers compensation laws
True or False
True
Civil Rights Act
prohibits discrimination during hiring process
The employer and the employee relationship is first created by contract orally or writing
True or False
True
What are the Rights of the Employer
If the employee stated that have a certain skill the employer expects them to have that skill
what are fringe benefits
non wage advantages received by the employer
Labor Union
organization of employees formed to promote welfare of member in relation to their working conditions
Collective bargaining
discussion and contract between union leader and employer rep
Employment-at-will
Employer or employee may terminate at any time
Exceptions to the Employment-at-will
- Discharge in violation to the law
- Going against policy
- A discharged of employee with an implied contract
whistle-blower:
legislation prohibiting an employer from firing the employee because the employee reports that the employer had violated certain laws
Termination prohibited because of wrongful
False offer
Termination prohibited if not done in good faith
employer fires employee after telling the employee the jobs is permanent
Norris-LaGuardia Act
federal protection to union to organize an bargain collectively
Wagner Act
protects union growth and activities from unfair interference from employer
Tart Hartley Act
prohibits closed shops
Closed Shops
company requiring union membership as a requirement
Open Shop
company not requiring you to join a union
Types of discrimination
Disparate treatment
Disparate impact
Perpetuating discrimination
Disparate treatment
Employer treat employees different like the pay of the of a women and a man
Disparate impact
Discrimination discontinues but continues through contract
Perpetuating discrimination
company policy works to harm a protected group
What are three Hostile Work Environment
ongoing general work practice not stated
Interferes w/ employees job performance
Employer must have known of conduct and failed to prevent it
Equal pay Act of 1963
makes it unlawful for employers to discriminate in payment or wages because of gender
ADA
passed to prohibit discrimination because of disabilities
Remedies for Discrimination
- job reinstatement
- payment for back pay
- injunction against future violations
- damages
- legal fees
Defenses
Seniority
Business necessity
Bona fide occupational qualifications
Seniority
promotion based on seniority
Business Necessity
business for a certain practice
Bona fide occupational qualification
A business that requires specification and characteristics
OSHA
requires most employers to meet certain health and safety standards
EPPA
employers prohibits from requiring such test from employees and penalizing
workers compensation
state laws providing benefits to employees who are injured
social security act
continuous income for those covered by the act
ERISH
controls the length of time an employee must work before becoming vested
Fair Labor(FLSA)
Minimum wage, Overtime pay
HIPPA
Lowers an employee chance of existing coverage
When interviewing or hiring for a job, an employer may not discriminate people in the 40 to 65 year old age group
True
The right of unions to organize and bargain collectively is protected by the civil rights act
False (LaGuardia Act)
An employer may search an employees desk at anytime without employee consent
False
An immigrant to the United States may be employed in this country
True
The FMLA applies to all employers
False
How is a principal-agent relationship created
when one person, called the principal, grants authority to another person, called the agent, to act in place of and bind the principal in dealing with third parties.
Principal:
one who authorizes another to act for him or her in business transactions.
Agent:
one who represents another in making business transactions.
Authority:
power to act for someone else.
General Agent (in complete charge)
agent with authority to perform acts relating to all business matters of principal.
Special Agent
agent who has authority to perform one type of act or a limited number of acts relating to principal’s business.
Broker:
type of special agent whose job is to bring a willing seller and a willing buyer together to form a contract.
Factor:
type of special agent who gets possession of the principal’s property for the purpose of selling it.
Gratuitous agent:
agent who acts for another in business transactions without receiving any compensation.
Gratuitous agent has the same power to bind the principal as an agent who is paid
True or False
True
Principals who appoint agents must…
➜first be legally competent to act for themselves.
➜In most states, minors may appoint agents.
➜Anyone can legally be appointed an agent.
➜Both principals and agents may be either individuals, partnerships, or corporations.
The major difference between the principal-agent relationship and the employer-employee relationship is the degree of control exercised.
True or False
True
Independent contractor:
one hired to perform a task but not under hirers direction or control
An independent contractor represent the hirer in dealings with third parties.
False
A principal-agent relationship may be created by?
- Contract :may legally appoint an agent by means of an oral or written contract.
- Appearance:If third parties are led to believe that a person is an agent because an appearance
- Ratification:one person attempts to act as an agent for another and this other person approves
- Necessity: Emergency, time permit
Power of attorney
formal written document giving agent authority to act.
Agency by estoppel
situation in which one party creates the appearance that another has the authority to act as an agent.
Obligation of agent to principal
➜Obedience: Follow instructions by principal
➜Loyalty.
➜Reasonable skill: possesses some special knowledge or skill.
➜Accurate accounting:keep accurate, up-to-date records of all business transactions
➜Communication:a principal is understood to know any information the agent obtained from third parties
Fiduciary:
one who acts for another in a position of trust.
Obligations of the Principal to the Agent
➜Compensation: entitled to compensation for work done
➜Reimbursement: must reimburse (repay) an agent, for all necessary expenses the agent incurred in carrying out the principal’s business.
➜Indemnification: principal must (protect the agent by making payment) for any personal loss
➜Safe working conditions:
➜Cooperation:duty to assist the agent in every way possible and to cooperate with the agent
A real estate agent hired to sell a house is considered an
a. independent contractor b.employee c. general agent d.special agent
c. general agent
A principal legally can appoint an agent by
a.written contract only b.an oral contract only c.notice in newspaper d.oral and written
d.oral and writing
A principal-agent relationship may only be created by
a.contract b.appearance c.ratification d.all of above
d. all of the above
A principal-agent relationship may be terminated by:
- Fulfillment of purpose.
- Mutual agreement.
- Revocation of authority.
- Renunciation by the agent.
- Operation of law.
- Subsequent destruction or illegality.
Fulfillment of purpose
agency ends as soon as that act has been accomplished.
Mutual agreement
The principal and the agent may mutually agree to end their relationship at any time.
Revocation of Authority
terminate the principal-agent relationship with or without cause at any time.
Agency coupled with an interest:
agency in which agent has a personal interest in subject matter of the agency.
Renunciation
agent may refuse to work for principal but may be liable for any loss
Operation of law
- Death of principal or agent
2. Bankruptcy of principal or agent
Subsequent destruction or illegality
will end if the purpose becomes illegal, or prohibited by law, making the agency meaningless.
Third parties who have dealt regularly with the agent doe not have to be notified by the principal of the termination of the agent’s authority, either personally or in writing.
False
A principal-agent relationship can be terminated by:
a death of third party b. request of third party c. mutual agreement d. bankruptcy of a third party
c.mutual agreement
The right of an agent to require the principal to pay for personal losses incurred by the agent while the agent is performing business for the principal is called
a.rebate b.reimbursement c.indemnification d.recovery
c. indemnification
A principals obligation to an agent include
a. compensation b. reimbursement c. indemnification d. all of the above
d. all of the above
The principal is legally liable to third parties for contract an agent makes as long as the agent operates within the authority given to her or him
True or False
True
A principal may choose to be bound by a ratifying an authorized contract
True or False
True
Scope of Authority
extent of agents authority to carry out principals business
Express authority
principal actually gives the agent either orally or in writing authority
Implied authority
authority of an agent to perform duties understood by custom or as necessary
emergency authority
agent acts on the event of an emergency
apparent authority
authority that the agent has because a principal leads third parties to believe the agent possesses authority
Ratification of an unauthorized act may be either express or implied.
True
Express ratification
principal accepts the transaction orally or in writing
Implied ratification
occurs when a principal knows that an unauthorized act has taken place but decides to accept it and keep its benefits.
Vicarious liabilty
person’s liability for someone else’s acts.
Respondeat superior:
doctrine that a principal is liable in certain cases for the wrongful acts of an agent.
Scope of the agency
extent of agent’s duties to carry out principal’s business.
The term scope of authority includes
a. express b implied c.apparent authority d. all of the above
d.all of the above
An employer may be held liable for torts committed by an employee under a doctrine
a. express liability b. vicarious liability c. implied liability
d. respondent superior
d. respondent superior
An agent may be held liable to third parties contract if
a agent signs into a contract without authority
As long as an agent has the authority to act, the agent has no personal liability on a contract.
True or False
True
The agent is liable to third parties in the following cases:
- agent enters into a contract without a authority
- The agent does not disclose the principal’s identity to third parties.
- The agent is careless in signing a contract
- The agent voluntarily agrees to become liable on a contract.
- A person pretends to be an agent.
Undisclosed principal
principal whose identity is not known to third parties with whom agent makes contracts.
If an agent commits an intentional tort
a. the principal is liable b.the agent c.neither d.both
b. the agent
If an agent enters into a contract without the authority
a. the agent liable b. the principal is liable c.the contract is void d. the principal may still be liable
a. the agent
If a person is injured because of the negligence of an agent or employee acting within the scope of authority the injured person may sue
a. the agent b.the principal c. both d.neither
c.both
If a principal authorizes an agent to buy a tractor for $5,000.00 - is an example of what kind of authority?
express authority
to be paid for their work, to inform OSHA of unsafe working conditions, and to join a union….
employee’s rights
A person injured on the job can claim benefits under
Workers compensation laws
Ensuring safe working conditions is the responsibility of
OSHA
Benefits paid to retired persons, spouses of deceased persons, and minor children of deceased persons.
Social Security
mutual agreement, operation of law, revocation of authority
three ways a principal-agent relationship may be terminated
A principal whose identity is fully revealed to all parties is a(n)
disclosed principal
These are benefits that are available to those who lose their jobs through no fault of their own….
What are unemployment benefits
The general rule is that an employer may fire an employee
for any reason at any time
A person hired to perform a tax but not under the hirer’s direction or control
independent contractor
the extent of the agent’s authority to carry out the principal’s business.
scope of authority
A principal is not liable for _________ committed by the agent.
crimes
An agent working for two principals at the same time violates the duty of
Loyalty
Efforts to recruit women and minorities for positions traditionally held by white males is
Affirmative Action
A principal is liable to third parties for _________ committed by the agent while acting within the scope of the agency.
torts
A person who pretends to be an agent is liable for any contracts made with a
third party
Written document appointing an agent
power of attorney
power of attorney
obedience
doctrine that a principal is liable in certain cases for the wrongdoing of an agent
respondeat superior
The undisclosed principal, _____ _______. may hold a third party to a contract made with an agent even though this third party did not realize that the agent was acting for an undisclosed principal.
once discovered
A person hired to sell one’s car would be considered
a special agent
The law that prohibits discrimination in employment
Civil Rights Act
A collective bargaining agreement must be agreed to by these two parties.
(The Employer) and the Union? (page 403)
This person may not be appointed as an agent
a legally insane person
An agent hired to sell a house has _________ authority to advertise the sale.
implied
