Q&A Hero

Q: When a worker is discharged for appearing as a witness in an employment discrimination or harassment suit this is constructive discharge.

Q: An employee cannot be discharged because of his involvement in politics outside of work.

Q: The Model Employment Termination Act was designed to permit employers to discharge employees without cause.

Q: An employer is guilty of wrongful discharge where its motivation for termination is discriminatory.

Q: An employer may dismiss an employee at will.

Q: ________ was enacted to safeguard private information of federal employees from being disclosed by the Federal Government.

Q: The ________ allows consumer reporting agencies to furnish credit reports for employment purposes.

Q: Time sheets, desk and office searches and tape recorded conversations are examples of ________.

Q: A broad definition of employee theft includes theft of ________.

Q: ________ is one to which a dishonest employee has added names that are unauthorized and fictitious.

Q: ________ occurs when an employee decides to go public with an allegation of wrongdoing on the employer's part.

Q: Theft of time can include: a) goofing off b) conducting personal business c) long lunch breaks d) none e) all

Q: In O"Connor v. Ortega, Ortega had a reasonable expectation of privacy in his ________. a) office b) desk c) file cabinets d) all e) none

Q: Generally, the following methods of security may be used: a) tape recorded conversations b) electronic surveillance c) polygraphs d) A&B e) none

Q: The following Acts protect privacy: a) Omnibus Crime Control and Safe Streets Act b) Electronics Communications Act c) Freedom of Information Act d) A&B e) All

Q: Privacy is safeguarded by the ________. a) Privacy Act b) 1st Amendment c) 4th Amendment d) A&C e) All

Q: Which is more serious? a) libel b) slander c) equal

Q: While in Bill's office, Charles, a vice-president, says to Bill, the treasurer, "you are a liar and a thief", Charles has committed: a) libel b) slander c) both d) neither

Q: 6. If a company has 40 employees, but issues 43 checks, it will not be able to recover the value of the 3 extra checks from the bank who cashed them for the impostor.

Q: Conversion is the unlawful taking of personal property from the possession of another.

Q: Shoplifting and employee theft both cost businesses the same amount.

Q: Publication of private matters that are newsworthy is privileged as long as it does not violate ordinary decencies.

Q: Truth is an absolute defense to slander, but not libel.

Q: Libel is oral defamation.

Q: The ________ test provides more drug information than the urine test.

Q: ________ is intended to minimize drug use by employees of federal contractors.

Q: The ________ stipulates employers generally cannot require an employee to take a polygraph.

Q: Opponents of drug testing base their argument on the ________Amendment.

Q: Opponents of drug testing argue privacy does extend to ________. a) the confiscation of urine b) the confiscation of hair c) the confiscation of blood d) b and c e) all

Q: The main argument against drug testing is ________. a) expensive b) time consuming c) privacy d) unreliable tests e) none

Q: The main loss to employers from drug use is ________. a) less productivity b) employee theft c) use of sick time d) violent behavior e) none

Q: Which of the following are generally acceptable for pre-employment use? a) medical b) drug c) polygraph d) A&B e) all

Q: To safeguard against drug users, private companies ________. a) create drug-rehabilitation programs b) increase supervision c) post warnings against drug use d) a&c e) all

Q: Residency tests may be used by ________. a) local government b) private companies c) both d) neither

Q: Examples of honesty tests include: a) polygraphs b) aptitude tests c) voice stress tests d) a&c e) all

Q: The standard for requiring a drug test in a federal agency is ________. a) probable cause b) reasonable suspicion c) mere likelihood d) under no circumstances

Q: The argument for drug testing is based on the 4th Amendment.

Q: Polygraphs may be used in positions involving public transportation.

Q: Polygraph tests are generally not permissible in private industry.

Q: Residency tests are generally only permissible for civil servant positions.

Q: Residency tests are generally permissible in private industries.

Q: Pre-employment medical exams are invalid because of the ADA.

Q: Aptitude tests may be biased against minorities, but not women.

Q: Gender aptitude tests may be safely used by all employers.

Q: Advertisements for "recent college graduates" are generally found to be in violation of ________ Act.

Q: ________ was enacted in 1978 to provide council in the selection process to avoid infringement of Title VII.

Q: If an employee is hired and causes injury to another, the employer may be guilty of ________.

Q: ________ is the hiring of family members.

Q: The following acceptable class advertisements may be used by employment agencies a) "returning vets" after a war b) "laid-off auto workers" c) "recent college graduates" at graduation time d) none e) all

Q: Jim Williams is the owner of a Red Hot pizza franchise. He hires Paul Stanton to deliver pizzas. Stanton does not have a criminal record. If Stanton robs a woman to whom he is delivering a pizza, a) Red Hot is liable b) Franchisee Williams is liable c) Both are liable d) Neither is liable

Q: Legitimate reasons why some groups are promoted less are a) travel requirements b) longer hours c) family commitments d) a&b e) all

Q: An applicant for a day care center may be questioned about a) marital status b) number of children c) ability to get along with others d) all e) none

Q: Giant Department Store is hiring a security guard. Giant wishes to investigate applicants' criminal records. Which of the following convictions may they look into? a) robbery b) larceny c) rape d) a&b e) all

Q: An employer can specify "recent college graduates" in employment ads a) at any time b) at graduation c) never d) it is unclear

Q: The term selection procedure encompasses a) aptitude testing b) physical evaluation c) education d) b&c e) all

Q: Investigating past criminal records may be done upon a showing of a justifiable business necessity.

Q: An employer has no right to investigate an employee's background for past criminal records.

Q: Discrimination is not permissible based on education and communication skills.

Q: An employment agency may use the language "recent college graduates" in an employment ad around the time of graduation.

Q: An employer can specify "recent college graduate" only in an employment ad.

Q: Firms who recruit exclusively at predominantly white male schools may be practicing discrimination.

Q: Promotions from within the company can not be considered discriminatory.

Q: Nepotism is not permissible.

Q: An employer can be guilty of negligent hiring.

Q: Discrimination is possible in the selection process.

Q: A ________ clause allows an employee to work for a competitor, but restricts the disclosure of certain information.

Q: An employer is liable for the torts committed by his or her employee if the tort is committed within the ________.

Q: ________ is the approval given by the employer to the unauthorized acts of an employee.

Q: ________ is an omission to act which proximately causes injury to another.

Q: An ________ prevents a party breaching a contract from rendering the same performance elsewhere.

Q: When a person changes his or her position in reliance on a promise, the person making the promise will be stopped from asserting that there is no consideration to enforce the contract. This is known as the doctrine of ________.

Q: In Case 1.3, Douglas Schultz v . Capital International Security, Incorporated, the employer claimed the workers were independent contractors because the employer did not want to a) pay benefits b) overtime pay c) withhold taxes d) be liable for the workers' actions.

Q: In Case 1.6, DCS Sanitation Management v. Eloy Castillo,a) the court would not enforce the noncompetition clause because it would stop the employee from working in his field of expertiseb) the employees posed no threat of monetary harm to the employerc) the employee would be prevented from using information that belonged just to his employer for his own use or for the use of his new employerd) alle) a and b

Q: Once the employer approves the unauthorized acts of the employee and this is communicated to the third person, can the employer change his or her mind? a) Yes b) No

Q: If Dereck Jeter while under contract decided to switch from the Yankees to the Mets, the Yankees best remedy would be a) specific performance b) injunction c) rescission d) money damages

Q: In #19, Steven is entitled to ________. a) injunction b) $40,000 c) loss of profits d) a & b e) a & c

Q: Herb, an oral surgeon, is employed to work in Steven's oral surgery practice subject to a restrictive covenant for five years with a $40,000 bond to secure it. The next year Herb opens his own office across the street where he practices dentistry and oral surgery. In a lawsuit brought by Steven, Herb will be enjoined from practicing ________ a) dentistry b) oral surgery c) both d) neither

Q: When a physician performs an operation, this would be considered what type of contract? a) real property b) sales c) personal service d) none of the above

Q: If an employee acts without authority and a third person justifiably relies on the employee's authority, this is called: a) actual authority b) apparent authority c) implied authority d) none of the above

Q: Employers do not pay employees for their lunch break because employers do not want to be liable to employees or third parties for injuries or damages that happen during lunchtime.