MANUAL by Dawn Bennett-Alexander
____ investigating past criminal records may be done upon a showing of a justifiable
business necessity. - ANSWER: true
a lawyer who has his/her own practice would be regarded as an independent
contractor. - ANSWER: True
an employer has direct control over the work performed by an independent
contractor. - ANSWER: false
an employee and an independent contractor may be the same. - ANSWER: False
an employement relationship is a fiduciary one, based on trust and confidence. -
ANSWER: true
an employee is intitled to the reasonable value of services performed if no fee was
agreed upon. - ANSWER: true
an employer will be liable to an amployee for any injuries sustained because of tools
or equiptment that were not in proper working order. - ANSWER: true
an injuction can never be granted in personal service contracts. - ANSWER: false
a non compete clause which restricts competition throughout an entire city would
be acceptable. - ANSWER: false
a non disclosure clause allows an employee to work for a competitor, but resricts the
disclosure of certain information. - ANSWER: true
an employer is liable for the intentional torts of its employee regadless of wether the
torts were committed during the scope of employement. - ANSWER: false
an employee is always liable for the intentional torts he commits even if the torts
were committed during the scope of employement. - ANSWER: true
an employee will be personally liable to the third party when he or she acts without
actual or apparent authority. - ANSWER: true
an independent contractor is under the direct control of the person hiring him/her. -
ANSWER: false
, employers do not pay employees for their lunch break because employers do not
want to be liable to employees or third parties for injuries or damages that happen
during lunchtime. - ANSWER: true
when a physician performs an operation; this would be considered what type of
contract? - ANSWER: personal service
if dereck jeter while under contract decided to switch from the yankees to the mats,
the yankees best remedy would be: - ANSWER: injuction
once the employer approves the unauthorized acts of the employee and this is
communicated to the third person, can the emloyer change his or her mind? -
ANSWER: no
__ prevents a party breaching a contract from rendering the same performance
elsewhere. - ANSWER: injunction
__ is an omission to act which proximately cause injury to another - ANSWER:
negligence
an employer is liable for the torts committed by his or her employee if the tort is
committed within the - ANSWER: scope of practice
while in bill's office, charles, vice-president, says to bill, the treasurer,"you are the
liar and thief", charles has committed: - ANSWER: neither
shoplifting and employee theft both cost business the same amount. - ANSWER:
false
publication of private matters that are newsworthy is priviledged as long as it does
not violate ordinary decencies. - ANSWER: true
Libel is oral defamation - ANSWER: false
truth is an absolute defense to slander, but not libel. - ANSWER: false
opponents of drug testing base their argument on the __ amendment - ANSWER: 4th
amendment
the __ stipulates employers generally cannot require an emloyee to take a
polygraph. - ANSWER: employee polygraph protection act
_____An employer has no right to investigate an employee's background for past
criminal records. - ANSWER: false
while in Bill's office, charles, a vice-president, says to Bill, "you are a liar and thief",
charles has committed: - ANSWER: Neither