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Penny is seen organizing racks at a local clothing store one day while she shops, and the manager offers her a job. The next day,

  1. Penny is seen organizing racks at a local clothing store one day while she shops, and the manager offers her a job. The next day, Penny's boss from the clothing store across the street comes in and accuses the manager of trying to interfere with Penny's non-competition agreement. Which of the following is true?
  • The manager has done nothing wrong because she did not know about the non-competition agreement.
  • The manager has interfered with a contractual relationship and will be liable for interfering with a contractual relationship.
  • The manager has done nothing wrong because non-competition agreements are never used in clothing retail.
  • The manager is guilty of interference with a business relationships

  1. Which of the following situations would not substantiate a tort claim of infliction of emotional distress?
  • Behavior that a reasonable person would find distasteful
  • Offensive behavior when a person is feeling especially vulnerable
  • Repetitive offensive behavior
  • Offensive behavior when a duty of care is owed

  1. Which statement matches the following scenario?

Layne is romantically interested in his employee, Brenda. He has asked her out a few times, but Brenda has turned him down.

  • Guilty of hostile work environment sexual harassment
  • Not guilty of sexual harassment, depending on how Brenda feels
  • Not guilty of sexual harassment
  • Guilty of quid pro quo sexual harassment

  1. Phineas is an agent assigned to scout out professional players for a football team. One player he brings in has a drug problem, which Phineas knows about but does not disclose to the hiring team. If the player is selected, which of the following is true?
  • Phineas has breached his duty of performance only.
  • Phineas has not breached a duty to his principal.
  • Phineas has breached more than one of his duties.
  • Phineas has breached his duty of notification only.

  1. Which of the following would be considered a situation oflegalemployment discrimination?
  • Charlie, who does not have a disability, is rejected from a job position because the employer thinks he has a disability.
  • Sheryl, who has a disability, is rejected from a job position because the employer would have to pay for an accommodation.
  • Meryl, who has a disability, is rejected from a job position because she doesn't have a certification for the job she would be doing.
  • Rene, who has a disability, is rejected from a job position because another candidate did not have a disability.
  1. Mike is an agent making purchasing orders for Tami. Tami passes away before the agency contract is voluntarily ended. Mike has already done most of the work Tami assigned. What is the result related tothe status of the agency?
  • Agency is not terminated; terms of the agency must be resolved by Tami's estate
  • Agency is terminated by law
  • Agency is terminated by fulfillment
  • Agency is terminated by incapacity

  1. Elaine is a secretary for a business. One day a customer comes in to file a new contract while Elaine is seated at her boss's desk. The customer assumes Elaine is a person of authority, and Elaine is knowledgeable enough to help the customer file the contract.Which response aligns best with this situation?
  • Enforceable or unenforceable with agency
  • Enforceable or unenforceableno agency
  • MUST be enforced because Elaine is an agent

  1. Penn commits a tort while acting in the interest of her undisclosed principal. Who is responsible or liable?
  • Principal only
  • Agent only
  • Principal and agent

  1. Orlando's business wants to enact an affirmative action plan. Which of the following would not be a part of the process?
  • Firing majority workers who perform the least well.
  • Determining why using an AA plan might be necessary or wise
  • Setting a timeframe for when the business plans to achieve a certain percentage of minority workers
  • Reviewing the current workforce

  1. Which statement corresponds to thisspecific situation?

Rowan owns a computer programming business with 15 employees. He is hiring a new employee, and he turns down a 45-year-old man because he is "too old to keep up with the rest of the group."

  • Employer may legally discriminate based on BFOQ
  • Employer may legally discriminate based on number of employees
  • Employer may not legally discriminate
  • Employer may legally discriminate because the law doesn't apply to this situation

  1. Marley goesoutside the duties of her agencyin negotiating a business contract between her principal and a customer. Which of the following is true?
  • If the principal disavows the contract Marley made, it still must pay for the work.
  • Even if the principal ratifies the contract Marley made, it does not have to pay her for the work.
  • If the principal ratifies the contract Marley made, it must pay her for the work.
  • The principal is required to ratify the contract Marley made, and also to pay her for her work.

  1. Tiana runs an employment agency distributing work assignments toseveral dozen workerswho then work for whatever employer they are assigned to.Which true statement best suits this situation?("Discriminate" in this context means to make an employment decision about employees based on the characteristics described in the text.)
  • Tiana may not discriminate, subject to time lapse
  • Tiana may not discriminate, and no qualifier or condition will enable her to discriminate
  • Tiana may discriminate, subject to type of business she runs.
  • Tiana may discriminate, and no qualifier or condition will affect her ability to discriminate
  1. For the scenario, determine whether or not the person should be covered by worker's compensation protections.

Ginger works at a shop as a mechanic. One day at work, a fellow employee is pinned under a car when a jack fails. Ginger rushes over to help, and while trying to lift the car suffers a stroke.

  • Ginger will not be covered
  • Ginger will be covered

  1. Read the scenario and determine what result the law requires.
  2. The union at Elsa's firm is on strike because the company has not been following OSHA safety standards. During the strike, management hires a new person to take Elsa's place. When the strike finally ends, Elsa wants her job back.
  • Elsa must receive her job back
  • Elsa may not receive her job back

  1. Buster has had a serious medical condition for many months. He has used up all of his sick leave and vacation days, as well as 10 weeks of intermittent FMLA leave. He asks for an additional two weeks off from work. Which of the following is true?
  • Buster cannot be fired for reasons aside from his need to take leave.
  • Buster cannot take any more leave if he has also used up his sick leave and vacation days.
  • Buster's employer can fire him because he wants to take more leave.
  • Buster is entitled to the leave he is asking for.

  1. Read the scenario and determine what result the law requires.
  2. The union at Cherry's firm is on strike because it wants higher wages. During the strike, management hires a new person to take Cherry's place. When the strike finally ends, Cherry wants her job back. Which of the following is true?
  • Cherry must receive her job back
  • Cherry may not receive her job back

  1. Which of the following was an effect of Norris LaGuardia?
  • Prioritization of employment to a worker over a worker to his or her business
  • Prohibition against concerted activity
  • Enforcement of federal injunctions
  • Prohibition against eliminating unions

  1. Cynthia is a union member at her company. She files a complaint against the union because of what she feels is an unfair rule. Which of the following is true?
  • Cynthia can have her union membership stripped from her whether she sues the union or chooses to follow a complaint through the union's grievance procedures.
  • Cynthia cannot complain to the union, but she may sue it instead.
  • Cynthia can only file a complaint through the union's grievance procedures; she cannot sue it.
  • Cynthia may sue the union if her complaint to the union through its grievance procedures doesn't resolve her problem.

  1. Ozzy recently started working at a new company. He has been solicited several times to join the union of the company, but he would prefer not to. The union officials tell Ozzy that he won't be allowed to keep working unless he joins the union. Which of the following is true?
  • The union can't make Ozzy join the union, but it can require him to pay union dues.
  • The union officials are pretending they have a closed shop and can't influence Ozzy's decision.
  • Ozzy's requirement to join the union depends on his state of employment.
  • Ozzy must now join the union because union shops are always legal.

  1. Fill in the blank that completes the statement.

Alonzo's Crooked Cake Shop has had workers attempting to unionize in order to be able to work fewer hours per week. Alonzo's argues in court that because there is only one other cake shop in the region, a strike and other union activities would disrupt competition in the cake business. Alonzo's is using __________ to prevent union activities.

  • Antitrust law(s)
  • Federal injunction(s)
  • Criminal conspiracy law(s)
  • Yellow dog contract(s)

  1. Darlene and her friends get together for lunch after work. While at lunch, the friends discuss what they can do to solve the problem of excessive overtime at work. Which of the following is true?
  • Darlene and her friends are not engaging in concerted activity because they don't plan to talk to management about the problem.
  • Darlene and her friends are engaging in concerted activity only if they are union members.
  • Darlene and her friends are not engaging in concerted activity because they are not in a union meeting.
  • Darlene and her friends are engaging in concerted activity since they are discussing how to improve working conditions.
  1. Training opportunities are what kind of a bargaining subject?
  • Illegal bargaining subject
  • Permissive bargaining subject
  • Mandatory bargaining subject

  1. Gordon has already worked 40 hours this week and is asked to come in to work again. Gordon is a manager who constantly has to make decisions about the business's operation. Is Gordoneligible for overtime pay?
  • Gordon cannot be paid overtime
  • Gordon must be paid overtime

  1. For the scenario, determine whether or not the person should be covered by worker's compensation protections.

Noel is on break at work and is bored. He climbs up on a conveyer belt and comically uses it as a treadmill. He slips on the belt and falls down, and his hand gets stuck in the belt and is injured. Noel's actions are typical, and his employer knows that he usually engages in this kind of behavior.

  • Noel will be covered
  • Noel will not be covered

  1. Cathy works in a welding shop. While working one day, a pipe falls from scaffolding above and lands on her head, injuring her. Cathy complains to OSHA, but the company argues that because it has a "watch out for falling pipe" sign in the workplace that it gave fair warning. It also says that if Cathy wasn't wearing a hardhat,she is responsible for her own injury. Which of the following is true?
  • Cathy's employer may not be held liable for her injury if it fulfilled compliance and general duty requirements.
  • OSHA rules can hold Cathy's employer responsible for not maintaining a hazard-free workplace.
  • More than one answer is correct.
  • Common law rules could hold Cathy responsible for her own injury.

  1. Fill in the blank that completes the statement.

Al's Fine Winery has had workers attempting to band together to form a union. Al's wants to avoid letting the workers gain too much power by eliminating new workers' option to join a union at all. Al's will likely utilize ____________.

  • Federal injunction(s)
  • Yellow dog contract(s)
  • Criminal conspiracy law(s)
  • Antitrust law(s)

  1. For the scenario, determine whether or not the person should be covered by worker's compensation protections.

Vicente works at a factory. While he is working, a coworker negligently trying to spin donuts in a forklift runs into him, causing an injury to both workers.

  • Vicente will be covered
  • Vicente will not be covered

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