BLAW 243 EXAM 3 QUESTIONS WITH
100% VERIFIED ANSWERS
\.What category of worker do "Employment laws" generally cover? - ANSWERS-
Employment laws generally cover "_Employees_", NOT those doing work as
"_independent contractors"
\.Control test - ANSWERS-traditional IRS test used to distinguish
Employees from IC's
-has 3 categories
- determine if worker is independent contractor or employee
\.Control test questions - ANSWERS-- When and where work is done;
- Tools and equipment used;
- Where supplies and services are purchased;
- Who must perform specific work;
- Order or sequence of work tasks
\.financial questions of control test - ANSWERS--Who has greatest unreimbursed
business expenses;
-Who make investment in tools, etc.;
,-Whether services are offered to others;
-How is worker paid;
-Can worker make a "profit"
\.factors of "control test" - types of relationship: - ANSWERS--Does a written
contract exist and does it DESCRIBE the relationship;
-Does employer pay benefits;
-Is relationship one-time or long term;
-Are worker's services a critical part of employer's ongoing business
\.Phoenix Corporation hired Erika to make whistles. Under the terms of the
agreement, Erika was to be paid a fixed sum without benefits, she was to craft the
whistles in her shop, she could use any suppliers she choose, and she had 3
months during which to complete the project. If a dispute arises and a court must
determine Erika's employment status, which of the following is the most likely
outcome?
A. Erika is an employee of Phoenix
B. Erika is an independent contractor - ANSWERS-B. Erika is an independent
contractor
\.True or False:
Under the basic "at will" doctrine, "at will" employees can be terminated at any
time without cause. - ANSWERS-true
,\.True or false:
Either party may terminate an employment relationship
ANY TIME FOR ANY REASON,
absent prior agreement to the contrary - ANSWERS-true!
\.Exceptions to doctrine at will - ANSWERS-1. contract theory
2. tort theory
3. public policy
-Say in contract that you can only be fired if embezzle - that is an expressed
contract- only fired if do that thing
- Employer less you go a few months ago and you didn't embezzle
- You can claim you had contract with them that they breached
\.implied contract as an exception to employment at will - ANSWERS-- employee's
"reasonable expectations"
- - Look for some way that employer notified you of termination policy but gave
you reasonable expectation to believe that you could keep your job
\.tort theory - exception to employment at will - ANSWERS--Tort action an
employee may file if an employer improperly discharges an employee.
-In limited situations when employer's discharge is deemed abusive, the discharge
of an employee may also lead to suits for:
-Intentional Infliction of Emotional Distress (IIED) - employer yells at you at lunch
in front of everyone
, -Defamation
-Fraud
\.public policy - exception to employment at will - ANSWERS-- employee cannot
be fired if termination violates public policy
\.how do you know what public policy is? - ANSWERS--Statutes (most often)
-Common Law
-Well-known Mandates - no law but it seems like getting fired for that reason
shouldn't't be possible
-If there is a law out there, which states employee who does what you did cant be
fired, then that's not ok
\.Examples of statutes that include "public policy" that limits the "employment at
will" doctrine: - ANSWERS--Whistleblowing Statutes
-ADA (American's with Disabilities Act)
-FMLA (Family Medical Leave Act)
-OSHA
\.Examples of common law "public policy" well-known mandates that limit the
"employment at will" doctrine: - ANSWERS--Refusal to Commit an Unlawful Act;
-Fulfilling a Public Obligation
-Exercising a Statutory Right
-Whistleblowing in state that does not have a whistleblowing statute
100% VERIFIED ANSWERS
\.What category of worker do "Employment laws" generally cover? - ANSWERS-
Employment laws generally cover "_Employees_", NOT those doing work as
"_independent contractors"
\.Control test - ANSWERS-traditional IRS test used to distinguish
Employees from IC's
-has 3 categories
- determine if worker is independent contractor or employee
\.Control test questions - ANSWERS-- When and where work is done;
- Tools and equipment used;
- Where supplies and services are purchased;
- Who must perform specific work;
- Order or sequence of work tasks
\.financial questions of control test - ANSWERS--Who has greatest unreimbursed
business expenses;
-Who make investment in tools, etc.;
,-Whether services are offered to others;
-How is worker paid;
-Can worker make a "profit"
\.factors of "control test" - types of relationship: - ANSWERS--Does a written
contract exist and does it DESCRIBE the relationship;
-Does employer pay benefits;
-Is relationship one-time or long term;
-Are worker's services a critical part of employer's ongoing business
\.Phoenix Corporation hired Erika to make whistles. Under the terms of the
agreement, Erika was to be paid a fixed sum without benefits, she was to craft the
whistles in her shop, she could use any suppliers she choose, and she had 3
months during which to complete the project. If a dispute arises and a court must
determine Erika's employment status, which of the following is the most likely
outcome?
A. Erika is an employee of Phoenix
B. Erika is an independent contractor - ANSWERS-B. Erika is an independent
contractor
\.True or False:
Under the basic "at will" doctrine, "at will" employees can be terminated at any
time without cause. - ANSWERS-true
,\.True or false:
Either party may terminate an employment relationship
ANY TIME FOR ANY REASON,
absent prior agreement to the contrary - ANSWERS-true!
\.Exceptions to doctrine at will - ANSWERS-1. contract theory
2. tort theory
3. public policy
-Say in contract that you can only be fired if embezzle - that is an expressed
contract- only fired if do that thing
- Employer less you go a few months ago and you didn't embezzle
- You can claim you had contract with them that they breached
\.implied contract as an exception to employment at will - ANSWERS-- employee's
"reasonable expectations"
- - Look for some way that employer notified you of termination policy but gave
you reasonable expectation to believe that you could keep your job
\.tort theory - exception to employment at will - ANSWERS--Tort action an
employee may file if an employer improperly discharges an employee.
-In limited situations when employer's discharge is deemed abusive, the discharge
of an employee may also lead to suits for:
-Intentional Infliction of Emotional Distress (IIED) - employer yells at you at lunch
in front of everyone
, -Defamation
-Fraud
\.public policy - exception to employment at will - ANSWERS-- employee cannot
be fired if termination violates public policy
\.how do you know what public policy is? - ANSWERS--Statutes (most often)
-Common Law
-Well-known Mandates - no law but it seems like getting fired for that reason
shouldn't't be possible
-If there is a law out there, which states employee who does what you did cant be
fired, then that's not ok
\.Examples of statutes that include "public policy" that limits the "employment at
will" doctrine: - ANSWERS--Whistleblowing Statutes
-ADA (American's with Disabilities Act)
-FMLA (Family Medical Leave Act)
-OSHA
\.Examples of common law "public policy" well-known mandates that limit the
"employment at will" doctrine: - ANSWERS--Refusal to Commit an Unlawful Act;
-Fulfilling a Public Obligation
-Exercising a Statutory Right
-Whistleblowing in state that does not have a whistleblowing statute
