Employment law objective assessment wgu /
186 Questions With 100% Correct Answers .
law - -set of rules for human behavior which are established by legitimate authority
-precedent - -controlling rule, example or guide which provides framework for other
judges to follow
-stare decisis - -the doctrine of a court following precedent of an earlier court
-constitution - -supreme law of the land
-judicial review - -power of courts to determine if law follows constitution
-supremacy clause - -constitution, federal law, federal regulations are highest laws of
land
-agency - -contract relationship between principal and agent whereby principal
authorizes agent to work on his or her behalf
-tort - -civil wrong which causes someone harm
-vicarious liability - -form of secondary liability that comes from respondeat superior
-respondeat superior - -employer is responsible for employee actions performed within
scope of employment
-scope of employment - -Employee conduct that is reasonably relative to a job
description.
,-frolic and detour - -employees physical departure from job for his/her best interest
and not employers (running personal errands on the way to a work meeting)
-going and coming rule - -removes employer from acts or omissions of employees on
the way to work
-dual purpose mission - -Occurs when an employee conducts personal and work
business at the same time
-independent contractor - -person who is not subject to wage, discrimination, tax and
liability laws
-common law agency test - -test used to determine employee status, employer
maintains right to control method of work performed (work hours, dress code, billing
processes)
-economic realities test - -worker is an employee if he is substantially economically
dependent on employer
-IRS 20-factor analysis - -A list of 20 factors to which the IRS looks to determine
whether someone is an employee or an independent contractor. (instructions, training,
integration, services rendered personally, hiring assistants etc)
-integrated enterprise - -operations of two or more employers are so intertwined that
they can be considered a single employer
-joint employer - -Two entities, not engaged in an integrated enterprise, that each exert
control over an employee
-covered employment agency - -An agency that regularly procures employees for at
least one covered employer-subject to employment law regulation.
, -covered employer - -An employer that is engaged in a commerce industry and employs
fifteen or more employees.
-employment at will - -employer may terminate employee at any time for any legal
reason without incurring liability
-public policy exception - -invoked when an employee is terminated for reasons which
violate a public-policy interest. This can include an employee refusing to break the law,
exercising a legal right, fulfilling a statutory duty, or engaging in whistleblowing.
-retaliatory discharge - -Termination of an employee as punishment for engaging in a
protected activity.
-implied contract - -legally binding agreement which is created, not through formal
contract negotiation and documentation, but by the actions of the employer and the
employee. The conduct creating the implied contract may be oral assurances from the
employer that as long as an employee does good work he or she will have a job.
-implied covenant of good faith and fair dealing - -holds that each party to the
employment relationship makes an implied promise to treat each other in good faith
and fairness, and when that covenant is broken, the employee has a cause of action for
wrongful termination.
-Constructive Discharge - -employer allows intolerable conditions of unfairness or
mistreatment to exist at work to such a degree that no reasonable employee would feel
he or she had any other option but to quit.
-intentional interference with contract - -third party pressures employer to fire
employee without cause
186 Questions With 100% Correct Answers .
law - -set of rules for human behavior which are established by legitimate authority
-precedent - -controlling rule, example or guide which provides framework for other
judges to follow
-stare decisis - -the doctrine of a court following precedent of an earlier court
-constitution - -supreme law of the land
-judicial review - -power of courts to determine if law follows constitution
-supremacy clause - -constitution, federal law, federal regulations are highest laws of
land
-agency - -contract relationship between principal and agent whereby principal
authorizes agent to work on his or her behalf
-tort - -civil wrong which causes someone harm
-vicarious liability - -form of secondary liability that comes from respondeat superior
-respondeat superior - -employer is responsible for employee actions performed within
scope of employment
-scope of employment - -Employee conduct that is reasonably relative to a job
description.
,-frolic and detour - -employees physical departure from job for his/her best interest
and not employers (running personal errands on the way to a work meeting)
-going and coming rule - -removes employer from acts or omissions of employees on
the way to work
-dual purpose mission - -Occurs when an employee conducts personal and work
business at the same time
-independent contractor - -person who is not subject to wage, discrimination, tax and
liability laws
-common law agency test - -test used to determine employee status, employer
maintains right to control method of work performed (work hours, dress code, billing
processes)
-economic realities test - -worker is an employee if he is substantially economically
dependent on employer
-IRS 20-factor analysis - -A list of 20 factors to which the IRS looks to determine
whether someone is an employee or an independent contractor. (instructions, training,
integration, services rendered personally, hiring assistants etc)
-integrated enterprise - -operations of two or more employers are so intertwined that
they can be considered a single employer
-joint employer - -Two entities, not engaged in an integrated enterprise, that each exert
control over an employee
-covered employment agency - -An agency that regularly procures employees for at
least one covered employer-subject to employment law regulation.
, -covered employer - -An employer that is engaged in a commerce industry and employs
fifteen or more employees.
-employment at will - -employer may terminate employee at any time for any legal
reason without incurring liability
-public policy exception - -invoked when an employee is terminated for reasons which
violate a public-policy interest. This can include an employee refusing to break the law,
exercising a legal right, fulfilling a statutory duty, or engaging in whistleblowing.
-retaliatory discharge - -Termination of an employee as punishment for engaging in a
protected activity.
-implied contract - -legally binding agreement which is created, not through formal
contract negotiation and documentation, but by the actions of the employer and the
employee. The conduct creating the implied contract may be oral assurances from the
employer that as long as an employee does good work he or she will have a job.
-implied covenant of good faith and fair dealing - -holds that each party to the
employment relationship makes an implied promise to treat each other in good faith
and fairness, and when that covenant is broken, the employee has a cause of action for
wrongful termination.
-Constructive Discharge - -employer allows intolerable conditions of unfairness or
mistreatment to exist at work to such a degree that no reasonable employee would feel
he or she had any other option but to quit.
-intentional interference with contract - -third party pressures employer to fire
employee without cause
