1) An employer-employee situation in which the contract is of an indefinite leng
ID: 2439747 • Letter: 1
Question
1)
An employer-employee situation in which the contract is of an indefinite length, and either the employer or the employee may terminate the employment for any reason or for no reason at any time is known as:
(1pts)
grey-collar work.
unfree labor
employment at will.
casual employment.
2)
According to the contributory negligence rule:
(1pts)
an employer can avoid liability for injury to an employee by proving that the injury was caused by a fellow servant.
it can be established that the employee accepted the risk that caused an injury as a part of the job by voluntarily accepting employment.
an employee who could have avoided an injury by the exercise of due diligence has no right to collect damages from the employer.
if the injury results from the hazardous nature of the job, the employer cannot be held liable.
3)
The relationship of employer and employee comes about as a result of:
(1pts)
voluntary action by the employee.
imposition by the employer.
contract.
uniform law among the states.
4)
Which of the following is generally true of workers’ compensation statutes adopted by states?
(1pts)
Recovery is allowed whenever an injury to an employee arose out of and within the course of the employee’s work from a risk involved in that work.
An injured employee receives compensation only if the employer was negligent, and is not entitled to compensation if the injury arose from the employee’s own negligence.
In the case of an injury that appears self-inflicted, the employee has the burden of proving the injury was not intentional and self-inflicted.
There is no limit to the amount that an injured employee may recover from the employer.
5)
The theory of respondeat superior imposes liability on an employer for:
(1pts)
discrimination against employees on the basis of race, color, sex, or religion.
discharging an employee from employment without adequate notice.
employee deaths and injuries caused to employees due to unsafe working conditions.
torts caused by employees to third parties.
6)
To whom does the Williams-Steiger Occupational Safety and Health Act apply?
(1pts)
Every employer engaged in a business affecting intrastate commerce
Governments
Every employer engaged in a business affecting interstate commerce
Every employer
7)
To whom does the Williams-Steiger Occupational Safety and Health Act apply?
(1pts)
Work by self-employed business people
Work by a child under the age of twenty-one
Employment of a spouse by a spouse
Work by a parent for a child
8)
The Patient Protection and Affordable Care Act:
(1pts)
has no limit on the cost of coverage to employees.
is enforced by requiring employees to pay a tax.
applies to all employers.
requires a minimum value of coverage.
Brief Hypotheticals
9)
Mitch Williams, an employee of Gentek Construction, sustained a minor head injury when debris at Gentek’s construction site at which he was working fell on him. Mitch wants Gentek to compensate him for the injury since it occurred on the job. Which of the following, if true, would allow Gentek to claim the defense of contributory negligence to avoid paying Mitch compensation?
(1pts)
All employees are informed about the dangers of the job site when they begin working at Gentek.
Mitch’s injury was caused by one of his coworkers, who did not take the appropriate precautions when working.
Mitch was not wearing the regulation hard hat that employees were expected to wear on the site.
All employees at Gentek are informed about the safety precautions they must take while working.
10)
Robert Hill worked as a fisherman for Coastal Scene Fisheries (CSF). CSF provided safety training to all its employees and informed them about the risks of the job such as habitually wet ship decks. The company also provided safety equipment to its employees. Despite these precautions, while working on CSF’s boat, Robert slipped on the wet deck, was dragged overboard, and drowned. Robert’s family claimed compensation from CSF, alleging that as the employer, CSF was liable since the accident occurred during the course of employment. Given these facts what is the common law defense that would be most helpful to CSF in defending against a lawsuit by Robert’s family?
(1pts)
Respondeat superior
The fellow–servant rule
Assumption–of–risk
Contributory negligence
11)
Bev Byrd was employed to work on the production line of Aaron Manufacturing. Aaron published an employee handbook stating that all employees would be given a minimum of two weeks’ notice of termination of employment, but did not give the handbook to employees. Aaron customarily gave one week notice of termination. Byrd got into a fight with Hanna Bujois who worked next to her. For the third time in two weeks Byrd had caused the line to shut down for an hour. Her supervisor lost patience and fired her effective immediately. Can Byrd be fired without the two week notice?
(1pts)
Yes, because the production line was shut down for an hour.
No, because labor laws require two weeks’ notice.
Yes, but Aaron must give its customary one week notice.
No, because the employee handbook requires two weeks’ notice and is binding on Aaron.
12)
Eddie Thomas worked in the assembly unit in Fitz Automobiles, a car manufacturing firm. He seriously injured his hand in an accident during work due to his loss of concentration. When Eddie sought compensation, Fitz refused to pay, alleging that the injury was caused by Eddie’s own negligence. Which of the following laws allows Eddie to claim compensation from his employer even if he was negligent?
(1pts)
The Disability Act
The Federal Employer’s Liability Act
The Patient Protection and Affordable Care Act
The Federal Social Security Act
13)
Mike Felix worked as a truck driver with Superior Express Courier Service (SCS). Mike undertook extra trips after his regular work hours to earn money to repay some loans. His manager approved the extra work. However, the extra trips took Mike’s total driving hours above the recommended average. On one of these extra trips, Mike was overworked and sleep–deprived. He lost concentration while driving and ran into a pedestrian, Colin Sears, who was seriously injured. Which of the following is true?
(1pts)
SCS is liable to Sears, since the accident occurred while Mike was doing his job.
Sears cannot sue SCS, since employers are not liable for injury caused by employees.
Mike is not liable to Sears, since he was working extra hours at will.
SCS is not liable since the accident occurred after Mike’s scheduled work hours.
14)
Who among the following would most likely be eligible to claim unemployment compensation under state unemployment compensation laws after becoming unemployed?
(1pts)
Christie Hains, who sells her homemade chocolates and cakes to meet her financial commitments
Eddie Fox, who works for a nonprofit organization that teaches children
Martha Jaeck, who works as domestic help at a private home
James Stirling, who works as an engineer at an automobile company
15)
Harold Wright worked in the yard for Roper Lumber. He was injured when his forklift fell over because another employee had improperly adjusted it. Wright sought recovery under workers’ compensation. What will happen in such proceedings?
(1pts)
If he sues the other employee he cannot recover from Roper.
He will have to sue and have his case decided in court.
Not all states have adopted workers’ compensation laws so he must live in one that has.
Any recovery will be limited by law.
Legal Reasoning
16)
Richard Anderson worked as a power plant operator at NSA Power Corp. (NSA), a company that produced energy through nuclear power. After serving in the position for 15 years, Richard faced health problems due to exposure to radioactive materials. He claimed compensation from NSA, because the illness was due to his employment. NSA refused to pay. Which of the following will be permitted by law?
(1pts)
Anderson cannot recover from NSA because he was an at-will employee.
NSA is liable because the illness is an occupational disease.
Anderson cannot claim recovery from NSA because workers’ compensation laws do not allow recovery for occupational diseases.
NSA can successfully raisethe defense of assumption-of-risk.
17)
David Yeats worked as an assistant at the research and development department of Enger Pharmaceuticals. He was not directly involved in the development of new drugs and, therefore, was not bound by an agreement about the ownership of any inventions. During his spare time at work, Yeats developed a new formula that could be used for treating a viral disease. Yeats got a patent on his invention. Enger sued Yeats alleging that the invention was the property of the company. Which of the following is true?
(1pts)
Yeats is entitled to a royalty from Enger for using his formula in its business.
Yeats can prevent Enger from using the invention because it was his discovery.
Enger owns the invention because it was discovered during the course of Yeats’ employment.
Enger will be permitted by law to use the formula without paying a royalty to Yeats.
18)
All of Skiffington Steel’s employees were covered by a union contract that specified scales of union wages. Marshall Hardy had been employed by Skiffington for ten years. He thought that having worked for the company for such a long time his hourly wage ought to be higher than it was. He went to see his supervisor and told her he wanted a significant raise and did not want to be bound by the union scale that was much lower. What can happen?
(1pts)
Since the union is not the agent of the employees the contract is not binding on Skiffington.
The union contract did not mean Skiffington agreed to employment provisions that applied to more than one employee.
Because Skiffington still makes a contract individually with each employee, Hardy can get the significant raise.
The union contract binds Skiffington to recognize the scales of union wages and it cannot give Hardy the raise he wants.
Explanation / Answer
1) c) Employment at will. The employer has hired the employee at will and can terminate his/her contract on their own will and similarly, the employee can quit their job on their will.
2) an employee who could have avoided an injury by the exercise of due diligence has no right to collect damages from the employer.
3) c) Contract. The Employer-Employee social contract helps to keep a good relationship between them.
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