WGU C233
Precedent ANS: a controlling rule, example, or guide—which provided a framework for other judges to
follow in deciding later cases.
stare decisis ANS: The doctrine of a court following the precedent of an earlier court
Main Functions of the Constitution ANS: First, it establishes the three branches of the federal
government and allocates the division of powers between them.
Second, and more importantly for the employment law context, the Constitution enumerates
fundamental rights - the Bill of Rights - of citizens and protects them from the government's ability to
restrict those rights.
Supremacy Clause ANS: which mandates that the Constitution, federal law, treaties, and federal
regulations are the highest laws of the land and have priority over state law.
Judicial Review ANS: Allows the court to determine the constitutionality of laws
The power of the Supreme Court to consider whether a law comports with the Constitution
public policy exception ANS: prohibits employers from firing employees engaged in activities that
further the public interest
tort ANS: a civil wrong which causes someone harm
Vicarious Liability ANS: a concept which grew out of the doctrine of respondent superior - "let the
master answer for the servant."
,Under respondent superior doctrine, an employer is only responsible for the employee action
performed within the scope of employment.
Frolic and detour ANS: For example, an employee may pursue self-interest if he or she runs a personal
errand while driving to a meeting at a company branch office.
Going and Coming Rule ANS: Rule whereby employers are generally not liable for tortious acts
committed by employees while on their way to and from work.
dual-purpose mission ANS: Occurs when an employee conducts personal and work business at the same
time; subjecting the employer to liability for the employee's actions
Common Law Agency Test ANS: A test that classifies a worker as an employee if the employer maintains
the right to control the method of work preformed
a worker is an employee if the employer maintains the right to control the method of work performed
the employer has the right to tell the employee what to do, how, when, and where to do the job
Economics Realities Test ANS: A test that classifies a worker as an employee if the employee is
substantially economically dependent on an employer
IRS 20-factor analysis ANS: A list of 20 factors to which the IRS looks to determine whether someone is
an employee or an independent contractor.
integrated enterprise ANS: the operations of two or more employers are considered so intertwined that
they can be considered a single employer for purposes of both federal statutory coverage and liability
, joint employer ANS: a temporary staffing agency, in addition to the employer, has control over a worker
at a firm
Two entities NOT engaged in an integrated enterprise, that each exert control over an employee
Respondeat Superior ANS: "Let the master answer" an employer is vicariously liable for the behavior of
an employee working within his or her scope of employment
Covered Employment Agency ANS: An agency that regularly procures employees for at least one
covered employer; subject to employment law regulation.
Covered Employer ANS: An employer that is engaged in a commerce industry and employs 15 or more
employees.
employment at will ANS: provides that an employer may terminate an employee at any time, for any
legal reason, without incurring liability.
exceptions to employment at will ANS: 1) public policy; 2) implied contract; and 3) implied covenant of
good faith.
implied contract exception ANS: is a legally binding agreement which is created, not through formal
contract negotiation and documentation, but by the actions of the employer and the employee.
created is through employee reliance on an employer's handbooks, policies, or practices.
Statute of Frauds ANS: A state statute under which certain types of contracts must be in writing to be
enforceable.
Precedent ANS: a controlling rule, example, or guide—which provided a framework for other judges to
follow in deciding later cases.
stare decisis ANS: The doctrine of a court following the precedent of an earlier court
Main Functions of the Constitution ANS: First, it establishes the three branches of the federal
government and allocates the division of powers between them.
Second, and more importantly for the employment law context, the Constitution enumerates
fundamental rights - the Bill of Rights - of citizens and protects them from the government's ability to
restrict those rights.
Supremacy Clause ANS: which mandates that the Constitution, federal law, treaties, and federal
regulations are the highest laws of the land and have priority over state law.
Judicial Review ANS: Allows the court to determine the constitutionality of laws
The power of the Supreme Court to consider whether a law comports with the Constitution
public policy exception ANS: prohibits employers from firing employees engaged in activities that
further the public interest
tort ANS: a civil wrong which causes someone harm
Vicarious Liability ANS: a concept which grew out of the doctrine of respondent superior - "let the
master answer for the servant."
,Under respondent superior doctrine, an employer is only responsible for the employee action
performed within the scope of employment.
Frolic and detour ANS: For example, an employee may pursue self-interest if he or she runs a personal
errand while driving to a meeting at a company branch office.
Going and Coming Rule ANS: Rule whereby employers are generally not liable for tortious acts
committed by employees while on their way to and from work.
dual-purpose mission ANS: Occurs when an employee conducts personal and work business at the same
time; subjecting the employer to liability for the employee's actions
Common Law Agency Test ANS: A test that classifies a worker as an employee if the employer maintains
the right to control the method of work preformed
a worker is an employee if the employer maintains the right to control the method of work performed
the employer has the right to tell the employee what to do, how, when, and where to do the job
Economics Realities Test ANS: A test that classifies a worker as an employee if the employee is
substantially economically dependent on an employer
IRS 20-factor analysis ANS: A list of 20 factors to which the IRS looks to determine whether someone is
an employee or an independent contractor.
integrated enterprise ANS: the operations of two or more employers are considered so intertwined that
they can be considered a single employer for purposes of both federal statutory coverage and liability
, joint employer ANS: a temporary staffing agency, in addition to the employer, has control over a worker
at a firm
Two entities NOT engaged in an integrated enterprise, that each exert control over an employee
Respondeat Superior ANS: "Let the master answer" an employer is vicariously liable for the behavior of
an employee working within his or her scope of employment
Covered Employment Agency ANS: An agency that regularly procures employees for at least one
covered employer; subject to employment law regulation.
Covered Employer ANS: An employer that is engaged in a commerce industry and employs 15 or more
employees.
employment at will ANS: provides that an employer may terminate an employee at any time, for any
legal reason, without incurring liability.
exceptions to employment at will ANS: 1) public policy; 2) implied contract; and 3) implied covenant of
good faith.
implied contract exception ANS: is a legally binding agreement which is created, not through formal
contract negotiation and documentation, but by the actions of the employer and the employee.
created is through employee reliance on an employer's handbooks, policies, or practices.
Statute of Frauds ANS: A state statute under which certain types of contracts must be in writing to be
enforceable.
