Business Law - Employment Law Test
Before government employees have their employment terminated, they are entitled to
Two week's notice
40 acres and a mule
Workers specially protected from night work, long hours, and hazardous work
Employee cannot be fired because of race, gender, age, disability, etc.
Employment requirement that affects a protected class more than the general public
Bona Fide Qualification
Employer held job open for other persons with similar qualifications
Scintilla of Evidence
Minimum wage, the 40 hour workweek, and overtime pay
Fair Labor Standards
Member organization that protects workers in a particular occupation
Public Employee Benefit Cooperative
Social Security, income tax & unemployment insurance
Which is the key issue in determining whether a worker is an employee or an independent contractor?
Form of Payment
Nature of the Work
Direction and Control
Employee can be fired at any time for no reason
Right to Work
Employment at Will
Where a written contract governs the employment agreement, you have a(n)
Person who controls the details of his/her own work
Defense that a job requirement is necessary to be able to do the job
Bona Fide Qualification
Rite of Passage
Where the terms of employment were not specifically discussed
Employee must follow all reasonable rules and requests of the employer
An employment requirement of “No Irish” is an example of
Direct Evidence of Discrimination
Indirect Evidence of Discrimination
Defense against a discrimination claim based on skills or work history
Work requirement that prohibits revealing sensitive information owned by the employer
Defense that an employee was retained because they’ve been their longer
Which of the following is not an example of the fiduciary duties owed by an agent to a principal
Case 1: Bob Bendair worked for Corky’s Winery. Bob had no written contract, but Corky’s had a policy in their company manual which stated: “employees will not be terminated so long as their performance is satisfactory.” Corky’s fired Bob without explanation. Bob sued for wrongful termination. Argue whether or not Bob should win.
Case 2: Debbie Dundat worked as a police dispatcher in Backwater, Louisiana, and planned to eventually go to the police academy. Her supervisor, Luke Lecher, repeatedly made inappropriate sexual comments to Debbie. After Debbie complained, she was repeatedly written up for minor procedural and technical violations which caused her to be denied admission to the Backwater Police Academy. Debbie quit her dispatch job and sued the City of Backwater for sexual harassment. Argue whether Debbie should or should not win.
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