Chapter 20 - Employment Law

Question 1

Employment at Will means that your contract

Answer 1

Doesn’t have a definite duration

Question 2

exceptions to at will employment

Answer 2

1. Implied contract
2. Tort Theory - Hired under fraudulent representations?
3. Public Policy - discrimination or family leave

Question 3

Documenting wrongful actions of employees

Answer 3

is critical if you want to defend firing in court (public policy)

Question 4

3 exceptions to covenants not to compete

Answer 4

1. Executive or management personnel
2. To protect trade secrets
3. To recover training expenses

Question 5

Workers compensation, if employer is not insured, employees can do 2 things

Answer 5

1. Prove Tort responsibility

2. File a claim for workers comp + 50% penelty (2 years to file a claim)

Question 6

Medicare and Social Security withholding

Answer 6

A. 15.3%
B. 12.4% FICA (social security)
C. 2.9% Medicare

Question 7

5 elements of Family and Medical Leave Act

Answer 7

1. Applies to 50 employees or more
2. No interference, discharging, or discrimination
3. Continuation of health coverage
4. Immediate reinstatement required (12 weeks unpaid leave)
5. “Key employee Exception - within top 10% of workforce

Question 8

Lie Detector tests

Answer 8

not allowed for private employers, considered unreliable

Question 9

Drug Testing for government jobs

Answer 9

1. 4th amendment concerns

2. If suspicion-less testing, governmental needs must outweigh individuals privacy interest

Question 10

Drug Testing for Private Employers

Answer 10

1. No 4th amendment concerns
2. If suspicionless, examine reasonableness test
3. Pre-employment testing not a problem

Question 11

Genetic testing is

Answer 11

Not permitted

Question 12

Colorado is NOT a

Answer 12

Right to work state

Question 13

Collective bargaining sets forth

Answer 13

wages, hours, pension, termination proceedures

Question 14

These shops are allowed to hire anyone who is not a member of a union

Answer 14

Closed union Shops

Question 15

Union Shops are _____ in a right to work state

Answer 15

Illegal

Question 16

In these shops, once you are hired, you’re required to join the union or pay union dues

Answer 16

Union Shops

Question 17

Right to work law say that

Answer 17

You have the right to work without paying union dues or joining a union