Quiz 1 Flashcards
Employment regulations related to termination notification supersede common law provisions.
T or F
F
What is negligent representation?
a. A party failing to meet their duty of care to the other party
b. Intentionally misleading the other party
c. Making an untrue statement to the other party
d. A & C
d. A & C
Mutual consideration requires that both parties to a contract receive proportionate benefit from the contract.
T or F
F
A new ancillary contract term to an existing employment contract is enforceable when
a. It is made clear that it is intended to be legally enforceable
b. The employee agreed to the condition
c. There are mutual considerations
d. All of the above
d. All of the above
It is a breach of common law for an employer to suspend a worker without pay.
T or F
F
When the contract does not deal with modification, what condition(s) must be present to modify an employment contract?
Employee consent
Mutual consideration
What must be present for the unconscionability doctrine to apply to a contract clause?
a. Inequality of bargaining power
b. Stronger party takes advantage of weaker party
c. The clause is significantly unfair to one party
d. All of the above
d. All of the above
Frustration of contract conflicts with duty to accommodate in statutory law.
T or F
T
What factors are relevant to determining the length of termination notice?
a. The employee has worked for the employer for 13 years
b. The employee is 57 years old
c. The employee works as an accountant in the oil industry
d. Oil prices are $20 per barrel
e. All of the above
e. All of the above
If an employee believe a constructive dismissal has taken place and wants to sue, what option do they have?
a. Quit
b. Object to the employer action and continue working
c. Accept the action and continue working
d. Work now grieve later
e. All of the above
f. A & B
f. A & B
In wrongful dismissal cases one of the remedies available is re-instatement to the former position.
T or F
F
What type of test is applied to determine if an employee has quit?
Objective test
To sheild employees from forfeiting the contractual and statutory benefits in place to protect dismissed employees, the courtshave requiredthat employees have intention to resign and that the intention must be “clear and unequivocal.” And objective test is applied that asks whether a “reasonable person” of normal intelligence loocking at what happened would conclude that the employee had unequivocally resigned from their job
At-will employment contracts are a historical artifact of British common law.
T or F
T
Why does common law place proportionately greater burdens on employers than employees?
a. Employers have greater common law obligations
b. Employers possess access to greater resources
c. Employers possess a power advantage over employees
d. Employers have more to lose in the employment relationship
c. Employers possess a power advantage over employees
Which is a likely ground for termination with cause?
a. Showing up late for work once or twice
b. Morally questionable off-duty conduct by a pipefitter
c. Refusing to perform an unlawful act
d. Embezzling trust fund money
d. Embezzling trust fund money
