Ch28 Employer and Employee Relations

Question 0

Employers may hire whomever they want.

Answer 0

Creation of Employer and Employee Relationship

Question 1

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

Answer 1

Creation of Employer and Employee Relationship

Question 2

Employees have right to choose employee.

Answer 2

Creation of Employer and Employee Relationship

Question 3

Relationship between employer and employee cannot exist without consent.

Answer 3

Creation of Employer and Employee Relationship

Question 4

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

Answer 4

Creation of Employer and Employee Relationship

Question 5

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

Answer 5

Length of Contract

Question 6

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

Answer 6

Length of Contract

Question 7

The terms of compensation can determine the contract period.

Answer 7

Length of Contract

Question 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).

Answer 8

Length of Contract

Question 9

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

Answer 9

Length of Contract

Question 10

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

Answer 10

Determination of Contract Terms

Question 11

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

Answer 11

Determination of Contract Terms

Question 12

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

Answer 12

Union Contracts

Question 13

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

Answer 13

Union Contracts

Question 14

Duty to exercise care

Answer 14

Duties and Liabilities of the Employer

Question 15

Duty to provide a reasonably safe place to work.

Answer 15

Duties and Liabilities of the Employer

Question 16

Duty to provide safe tools and appliances.

Answer 16

Duties and Liabilities of the Employer

Question 17

Duty to provide competent and sufficient employees for the task.

Answer 17

Duties and Liabilities of the Employer

Question 18

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

Answer 18

Duties and Liabilities of the Employer

Question 19

The employee’s contributory negligence.

Answer 19

Common Law Defenses of the Employer

Question 20

The act of a fellow servant.

Answer 20

Common Law Defenses of the Employer

Question 21

A risk assumed by the employee.

Answer 21

Common Law Defenses of the Employer

Question 22

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

Answer 22

Statutory Modification of Common Law: Defenses.

Question 23

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

Answer 23

Statutory Modification of Common Law: Worker’s Compensation

Question 24

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

Answer 24

Statutory Modification of Common Law: Worker’s Compensation

Question 25

Actions for these damages are tried in court.

Answer 25

Statutory Modification of Common Law: Worker’s Compensation

Question 26

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

Answer 26

Statutory Modification of Common Law: Worker’s Compensation

Question 27

Act designed to ensure safe and healthful working conditions.

Answer 27

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

Question 28

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

Answer 28

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

Question 29

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

Answer 29

Liabilities of the Employer to Third Parties

Question 30

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

Answer 30

Liabilities of the Employer to Third Parties

Question 31

Job performance

Answer 31

Employee’s Duties to the Employer

Question 32

Business confidentiality

Answer 32

Employee’s Duties to the Employer

Question 33

Granting of right to use inventions.

Answer 33

Employee’s Duties to the Employer

Question 34

Old-age and survivors’ insurance.

Answer 34

Federal Social Security Act

Question 35

Eligibility for Retirement Benefits.

Answer 35

Old-age and survivors’ insurance.

Question 36

Assistance to persons in financial need.

Answer 36

Federal Social Security Act

Question 37

Unemployment compensation

Answer 37

Federal Social Security Act

Question 38

Disability and Medicare benefits

Answer 38

Federal Social Security Act

Question 39

Taxation to Finance the Plan

Answer 39

Federal Social Security Act

Question 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.

Answer 40

Taxation to Finance the Plan

Question 41

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

Answer 41

Common Law

Question 42

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

Answer 42

good Cause

Question 43

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

Answer 43

Respondent Superior

Question 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)

Answer 44

Inventions: Shop Right

Question 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?

Answer 45

No

Question 46

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

Answer 46

Four

Question 47

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

Answer 47

Sixty-Five

Question 48

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

Answer 48

OSHA

Question 49

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

Answer 49

Fellow Servant

Question 50

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

Answer 50

Employment at Will

Question 51

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

Answer 51

Assumption at Risk

Question 52

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

Answer 52

Five

Question 53

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

Answer 53

Job Performance

Question 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.

Answer 54

Contributory Negligence

Question 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.

Answer 55

FICA

Question 56

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

Answer 56

Respondeat Superior

Question 57

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

Answer 57

Employment at Will

Question 58

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

Answer 58

Fellow Servant

Question 59

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

Answer 59

Shop Right

Question 60

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

Answer 60

False

Question 61

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

Answer 61

True

Question 62

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

Answer 62

False

Question 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.

Answer 63

True

Question 64

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

Answer 64

True

Question 65

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

Answer 65

False

Question 66

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

Answer 66

False

Question 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.

Answer 67

True

Question 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:

Answer 68

Employment at will

Question 69

10. OSHA stands for:

Answer 69

Occupational Safety and Health Act.

Question 70

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

Answer 70

fellow servant

Question 71

12. An employer has the duty of:

Answer 71

exercising reasonable care

Question 72

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

Answer 72

a shop right

Question 73

14. Employees have a duty to employers to:

Answer 73

perform the job honestly and ethically.