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An effective method to minimize the possibility that a prior

1. An effective method to minimize the possibility that a prior employer of a prospective employee will refuse to provide a reference on the grounds that a reference can give rise to defamation liability is

a) to require all prospective employees to sign a document releasing former employers from liability for providing references, and providing a copy of the release to prior employers from whom references are sought.

b) conduct reference checks secretly.

c) have the references checked by an unrelated third party.

d) check only references that are adequately insured against defamation.

Question 2
1. Steve Murphy is the Human Resources Manager at Duncan's Tires. He has heard a rumor that Arthur Bailey has HIV-AIDS. Arthur is employed as a mechanic and his job duties include putting on new tires and changing the oil in a routine car service. Steve called Arthur into his office and informed him that he would have to take an HIV test. Arthur told Steve there was no need for the test, that he was HIV positive. Steve told Arthur that he hated to do it, but he was going to have to terminate his employment, effective immediately.

a)Arthur is an employee-at-will and has no cause of action for wrongful discharge.

b)Arthur's termination is justified because he did not inform Steve that he was HIV positive.

c) Arthur's termination is a violation of the Americans with Disabilities Act because his HIV status did not affect his performance on the job.

d) Arthur's termination is not a violation of the Americans with Disabilities Act because he did not inform his employer as required by the Act.

Question 3
Which of the following is not covered by the EEOC's definition of contingent worker?

a)an employee hired through a staffing firm.

b)a temporary, seasonal, or part-time worker.

c)an applicant.

d)an independent contractor.

Question 4
1. Weber has been arrested four times for, and convicted twice, of fraud. He is hired as a teller by Port Alice State Bank. He consistently underpays customers making large withdrawals, and keeps the unpaid funds for himself. When a customer attempts later to recover her unpaid funds from Weber, she discovers that Weber has disappeared. Port Alice State Bank will

a)not incur liability since it is not liable for the crimes of its employees.

b)not incur liability since it will be unable to recover from the now absent Weber.

c)be liable to the customer only if it can be shown that the bank had knowledge of Weber's past.

d)be liable to the customer, because it has negligently hired a thief.

Question 5
1. Mr. Jones was employed by Barker Sock Company as a sewing machine repairman in Plant #5. He, along with the other 700 employees, was informed that the plant had been permanently closed by a written notice on the door when he arrived at work.

a)Mr. Jones' only recourse is to file for unemployment benefits.

b)Mr. Jones has no recourse because he was an employee-at-will.

c)Mr. Jones may be eligible to receive his salary and benefits for the next 60 days.

d)None of the choices are correct.

Question 6
1. 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 sues for wrongful termination.

a)The employee cannot sue because termination for good cause is not generally recognized as a limitation to employment-at-will, even when placed in an employee handbook.

b)Davis Hosiery will win the case because the employee signed a form acknowledging that the employment relationship at Davis Hosiery is "at will."

c)Depending on the statutes or court decisions in the state where Davis Hosiery is located, the employee can proceed with the lawsuit because the disclaimer was neither prominent nor conspicuous.

d)The employee cannot sue if she lost her copy of the handbook.

Question 7
1. Mr. Johnson, a white male, testified for the plaintiffs in a racial discrimination lawsuit brought by a Black female employee against his employer, Security Bank. He had been advised by his manager not to get involved. Shortly thereafter, Mr. Johnson was fired.

a)Mr. Johnson has no case for retaliatory discharge because he is not a member of the protected class.

b)Mr. Johnson has no case for retaliatory discharge because merely testifying on behalf of someone else is insufficient involvement in a discrimination lawsuit to get protection against retaliatory discharge under Title VII of the Civil Rights Act.

c)Mr. Johnson has no case for retaliatory discharge because he is an employment-at-will employee.

d)Mr. Johnson may have a case because Title VII of the Civil Rights Act protects an employee who participates in any manner in an investigation, proceeding or hearing on a colleague's complaint of discrimination.

Question 8
1. An employer seeks applicants for entry-level jobs from among those with experience in a segment of her industry that has typically exhibited hostility toward groups defined by certain protected traits. This form of recruitment is:

a)probably wrongful, because it is illegal to limit applicants to those with experience, unless the experience sought is experience in the precise industry segment in which the employer operates.

b)perfectly legal.

c)probably wrongful, because the applicant pool will be virtually devoid of members of these groups.

d)perfectly legal, as long as the employer hires the most experienced applicants.

Question 9
1. ABC, Inc. solicited bids from various independent contractors to landscape the grounds of its new office complex. Drew, head of facilities management told Patty, his secretary, that he would not accept any bids from Hispanic contractors. Drew explained that he would authorize hiring only American contractors to work on the grounds. A Hispanic contractor brings a lawsuit against ABC for discrimination.

a)Drew's refusal to hire Hispanic companies is a violation of the Independent Contractors Act of 2006.

b)Drew 's refusal to hire Hispanic companies is a violation of Title VII of the Civil Rights Act.

c)The Hispanic contractor cannot prevail in a discrimination case because John's conversation with his secretary is confidential and cannot be used as evidence.

d)Drew's refusal to hire Hispanic companies is not a violation of Title VII of the Civil Rights Act because that law does not cover discrimination against independent contractors.

Question 10
1. Which factor is not part of the economic realities test used by the courts to determine whether a worker is an employee or an independent contractor?

a)the degree of control exerted by the alleged employer over the worker.

b)how integral the work is to the alleged employer's business.

c)the degree of skill required by the worker.

d)whether the alleged employer withholds payroll taxes or provides

Solution Preview

Answers to your homework questions -- EACH question is marked with XX CORRECT next to the CORRECT answer. ALL questions have been answered.

Employment Law for Business

1. An effective method to minimize the possibility that a prior employer of a prospective employee will refuse to provide a reference on the grounds that a reference can give rise to defamation liability is

a) to require all prospective employees to sign a document releasing former employers from liability for providing references, and providing a copy of the release to prior employers from whom references are sought. XX CORRECT

b) conduct reference checks secretly.

c) have the references checked by an unrelated third party.

d) check only references that are adequately insured against defamation.

Question 2
1. Steve Murphy is the Human Resources Manager at Duncan's Tires. He has heard a rumor that Arthur Bailey has HIV-AIDS. Arthur is employed as a mechanic and his job duties include putting on new tires and changing the oil in a routine car service. Steve called Arthur into his office and informed him that he would have to take an HIV test. Arthur told Steve there was no need for the test, that he was HIV positive. Steve told Arthur that he hated to do it, but he was going to have to terminate his employment, effective immediately.

a)Arthur is an employee-at-will and has no cause of action for wrongful discharge.

b)Arthur's termination is justified because he did not inform Steve that he was HIV positive.

c) Arthur's termination is a violation of the Americans with Disabilities Act because his HIV status did not affect his performance on the job. XX CORRECT

d) Arthur's termination is not a violation of the Americans with Disabilities Act because he did not inform his employer as required by the Act.

Question 3
Which of the following is not covered by the EEOC's definition of contingent worker?

a)an employee hired ...

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