5.0 Points Question 1 of 20 Which one of the following statements is more consistent with independent contractor status than employee status? A. The length of the service is indefinite. B. The employer sets the time and place of service. C. The worker has a personal, financial investment in the business. D. The worker may be terminated by the employer at will. Reset Selection 5.0 Points Question 2 of 20 An employment contract is a type of __________ contract. A. consumer B. indefinite C. unwritten D. personal service Reset Selection 5.0 Points Question 3 of 20 The two types of actual authority an employee has are: A. express and implied. B. apparent and implied. C. apparent and express. D. statutory and non-statutory. 5.0 Points Question 4 of 20 The employee's duty to protect the employer's confidential information is an example of the duty: 1 Copyright 2011 Pearson Education, Inc. A. of good faith. B. of loyalty. C. to account. D. to not exceed authority. Reset Selection 5.0 Points Question 5 of 20 The duties of an employer to an employee include the duty to: A. train. B. promote. C. terminate only for just cause. D. compensate. Reset Selection 5.0 Points Question 6 of 20 A popular recording artist breaches her contract with ABC Company by agreeing to record for XYZ's company, a competing record company. A court that hears the dispute will: A. order the artist to record for ABC. B. issue an injunction preventing the artist from recording for XYZ. C. order the artist to record for both companies. D. order XYZ to provide a comparable artist to ABC as compensation 5.0 Points Question 7 of 20 An employer is contractually liable for acts of its employee even though the employee acted without authority when the: 2 Copyright 2011 Pearson Education, Inc. A. employee causes a loss to a third party. B. employee had authority sometime in the past. C. employer ratifies the unauthorized acts. D. employee has no financial resources and could not compensate the third party for any loss. Reset Selection 5.0 Points Question 8 of 20 To save money on legal fees, a client requests a paralegal to prepare a contract in her spare time in the evenings. She does so and sends the contract directly to the client along with her personal invoice. Firm procedure requires that all legal work be reviewed and approved by an attorney. The firm likely will not be liable for any losses resulting from the shoddy contract because the: A. preparer was not a licensed attorney. B. paralegal acted outside the scope of her employment. C. client got what he or she paid for. D. client will not be able to prove causation. Reset Selection 5.0 Points Question 9 of 20 An employer is generally not liable for the torts of an independent contractor because: A. the concept of scope of employment does not apply to independent contractors. B. independent contractors have no authority to commit torts. C. liability insurance is not available for acts committed by independent contractors. D. the employer lacks control over the work of an independent contractor. Reset Selection 5.0 Points Question 10 of 20 Ratification by an employer may be implied where the employer: 3 Copyright 2011 Pearson Education, Inc. A. learns of the important facts and fails to disavow them within a reasonable period. B. is better able to bear any loss than the third party. C. fails to monitor all employees to ensure they are not acting without authority. D. disavows the employee's acts but does not fire the employee. Reset Selection 5.0 Points Question 11 of 20 On which one of the following bases is it acceptable to discriminate in recruiting and selecting individuals for employment? A. National origin B. Age C. Educational level D. Disability 5.0 Points Question 12 of 20 Methods to evaluate an individual such as testing, interviews, writing samples and demonstrations may be used in the hiring process if the: A. applicant consents to being evaluated. B. method is job-related. C. employer publicizes the evaluation method to applicants. D. employer pays applicants for the time to be evaluated. Reset Selection 5.0 Points Question 13 of 20 In advertising job vacancies, it would be a possible violation of the Age Discrimination in Employment Act to specify: 4 Copyright 2011 Pearson Education, Inc. A. high school diploma. B. college degree. C. two years work experience. D. recent high school graduate. Reset Selection 5.0 Points Question 14 of 20 The bona fide occupational qualification exception to the prohibition on consideration of protected characteristics in the hiring process does not include consideration of: A. race. B. gender. C. religion. D. national origin 5.0 Points Question 15 of 20 In a job interview, it is proper to ask the candidate: A. if he or she has children. B. if he or she has a disability that would prevent him or her from doing the job. C. to demonstrate how he or she would perform specific job functions. D. the country in which he or she was born if not in the United States. Reset Selection 5.0 Points Question 16 of 20 Selection procedures that eliminate minorities from the hiring process at a substantially higher rate than non-minorities are discriminatory, if the percentage of minorities selected is less than __________ of the percentage of non-minorities selected: A. 90% 5 Copyright 2011 Pearson Education, Inc. B. 80% C. 70% D. 50% Reset Selection 5.0 Points Question 17 of 20 Employers must maintain records on the methods and process of selection and if requested, make them available to the: A. National Labor Relations Board. B. Department of Labor. C. Employment Standards Administration. D. Equal Employment Opportunity Commission. 5.0 Points Question 18 of 20 The promotion practice that is most likely to contribute to a discriminatory result is: A. promoting from within. B. posting promotional opportunities for a period of time. C. uniform application of promotion criteria. D. diversity in the racial composition of those making promotion decisions. Reset Selection 5.0 Points Question 19 of 20 The hiring of family members is known as: A. favoritism. B. ethnocentrism. 6 Copyright 2011 Pearson Education, Inc. C. nepotism. D. ableism. Reset Selection 5.0 Points Question 20 of 20 Employers can best protect themselves from claims for negligent hiring by: A. hiring only those applicants recommended by current employees. B. verifying information provided by applicants on resumes and applications. C. outsourcing entry level positions to a third party to be the employer. D. hiring only college graduates. 7 Copyright 2011 Pearson Education, Inc