Employment law - Assignment Example

Employment law Quiz 1. Regulations governing the employer-employee relations are based on agency law and failure of an employee/agent to act according to the employer’s instructions could result in liability for the employer. Answer: True 2. Marco provides accounting services to the Consolidated Bank as an independent contractor. Marco must pay his own social security (FICA), FICA exercise, and federal unemployment compensation (FUTA), taxes. However, Consolidated Bank is responsible for federal and state income tax withholdings.

Answer: True3. Non-compete agreements are governed by federal law. Answer: False4. Ling frequently stocks shelves for Ace’s market on an as needed basis. Ace pays Ling $5 per shelf. One day Ling falls off a broken ladder while stocking a shelf. Ling is seriously injured: Answer: if ling is determined to be an employee, he is eligible for worker’s compensation. 5. The IRS 20- factor analysis induces a consideration of: Answer: whether the worker is economically dependent on the employer6. BRC Partners is a consulting firm.

Sam and Arnie are analysts for BRC. Sam was hired as an employee and Arnie was hired as an independent contractor. They both work in the same BRC office under the same supervisor. They both work Monday through Friday during standard business hours. Both are required to report weekly staff meetings. Sam is paid a salary and proper federal and state tax withholdings are made. Arnie does not receive benefits like retirement and health insurance and he is paid by the project with no federal and state withholdings.

Arnie signed a contract that clearly stated that he was an independent contractor and not an employee. Answer: BRC has improperly classified Arnie as an independent contractor 7. An ‘applicant’ exists when Answer: the employer has acted to fill a particular position, when the individual has followed the employer’s standard procedures for submitting applications, and when the individual has indicated an interest in the particular position. 8. Under the inevitable disclosure theory, a court may prohibit an employee from working for a former employer’s competitor, if the employer can show that there is imminent threat that a trade secret will be shared and the employee has intent to disclose the secret, and the trade secret would give the former employer’s competitor a significant advantage in the market. 9. Following the ruling in Murray v.

Principal Finance Group, Inc., a court would determine whether a worker is an employee or an independent contractor by:Answer: applying the IRS 20- factor analysis.10. In NLRB v. Friend Cab Co., the federal court: Answer: held that Friend’s cab drivers were employees Quiz 21. Colton Manufacturing shuts down 3 manufacturing facilities without prior notice to its 3000 employees. Colton has graciously offered to provide outsourcing assistance to its displaced employees and informed them of their rights to continue to receive health insurance coverage through COBRA for eighteen months.

Colton has to further liability to its former employees. Answer: False 2. Promissory Estoppel is an exception to the employment-at-will doctrine if the employee can show that he/she relied on the employer’s promise to his/her detriment. Answer: True 3. An employer can successfully defend a charge of disparate treatment discrimination under Title VII of the Civil Rights Act offering a legitimate, nondiscriminatory reason for the action taken regarding the charging party.Answer: False 4. Punitive damages are permitted in Title VII cases, but not in disparate impact cases or against government employers.

Answer: False 5. Davis Hosiery Mills has each new employee sign a form acknowledging receipt of the company’s handbook. The handbook states that employees will be terminated for good cause only. It also contains a disclaimer, in small print, which informs the employee that the employment relationship is “at will.” An employee of Davis Hosiery for wrongful termination. Answer: Davis Hosiery will win the case because the employee signed a form acknowledging that the employment relationship at Davis Hosiery is “at will.” 6. Mathis is an employee for Burton Commercial Reality.

He receives a modest salary, however, his salary is supplemented by substantial commissions. He has been working on a commercial real estate deal for 5 months, two weeks before the deal closes, he is fired and Burton does not pay his commission:Answer: None of the above 7. Sarah was employed at Carison Printing Company as the Sales Manager. After a year of the job, Paul became her new supervisor. Paul was constantly yelling at Sarah and telling her she was stupid. Sarah was so nervous when Paul was around that she started to suffer.

After working with Paul for 6 months, Sarah sought treatment from a psychiatric for depression. Shortly thereafter, Sarah quit her job and filled a wrongful discharge lawsuit against Carison Printing Company. Answer: Carison Printing Company is not liable for wrongful discharge because Sarah quit her job, she was not fired. 8. Marc Brown is a chemical engineer with a graduate degree from MIT. Mr. Brown is African American. H applied for a chemical engineering position with Kincaid Paper Company.

Although he was qualified for the job, he was not offered the position. Mr. Brown happened to see the job advertised in the newspaper 2 weeks after he had been rejected. Answer: Mr. Brown cannot offer evidence to satisfy the elements of a prima facie case9. The following defenses are available to employers in discrimination claims:Answer: All the choices are collect 10. The Bright Creek Luggage Company has hired you as a consultant to improve the company’s hiring processes so it will be less vulnerable to claims of discrimination when hiring.

You should make the following recommendations Answer: All of the answers are correct.