Ram 13.doc

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1. After she was injured at work, Mary filed a workers compensation claim. Mary’s employment contract does not specify how long she will be employed, and her employer fires her for filing the claim. Mary files a wrongful termination suit against her employer under which of following:
A. A breach of the implied contract exception to the employment-at-will rule.
B. The ruling in Boruque v. Powell Electric Manufacturing Co.
C. A breach of the implied covenant of good faith and fair dealing exception to the employment-at-will rule.
D. A public policy exception to the employment-at-will rule
E. There was no breach of the at will rule.
2. The list of 20 factors used to distinguish between employees and independent contractors is known as
A. The FMLA test
B. The IRS test
C. The Common Law test
D. The OSHA test
E. The FLSA test
3. Which of the following is NOT an exception to the employment-at-will doctrine?
A. Breach of the implied covenant of good faith and fair dealing
B. Independent contractor
C. Violation of public policy
D. Breach of the implied contract
E. Wrongful discharge
4. Which employers have duties under the Americans with Disabilities and Rehabilitation Act,?
A. Primarily employers with more than 15 workers
B. Employers with more than 35 workers
C. Employers subject to Title VII
D. Only corporations incorporated in the US.
5. Which of the following types of discrimination is NOT protected by Title VII of the Civil Rights Act of 1964?
A. Religion
B. Race
C. Affinity
D. Sex
E. National origin
6. Which of the following will allow an employer to discriminate based on age?
A. The employee is older than 41 years.
B. The employer is not a governmental agency
C. Age is a bona fide occupational qualification
D. The employee unknowingly signed a waiver of his/her rights
7. Which of the following is NOT an unfair labor practice?
A. Employer requires employees to sign an agreement not to join a union
B. Employer offers to pay workers more if they do not form a union
C. Employer fires workers who talk to union representatives
D. Employers screens workers when hiring to eliminate those who are union-sympathetic.
E. None of the above
8. Employers may freely ask employees about which of the following:
A. Existing medical conditions
B. Marital status
C. Past experience for the present job interview
D. All of the above
E. None of the above
9. In which of the following places does an employee have a reasonable expectation of privacy such that an employer may not search or investigate.
A. The employee’s desktop
B. Private emails sent from office computers
C. Telephone calls from the office phone
D. Cell phone calls to the office
E. All of the above
F. None of the above.
10. Mark performs poorly on the job and his evaluations, which he signed, indicate what he needs to do to improve performance. When he fails to do so, he is fired. The employee handbook indicates that an employee cannot be fired unless s/he fails to make the improvements required by a review. When Mark sues for wrongful termination, the employer cannot produce any of the documentation or reviews from Mark’s file. Who will win the lawsuit?
A. Mark if the employer cannot independently prove that Mark received regular reviews which indicated how he needed to improve and that Mark failed to make those improvements.
B. The employer if it can prove that Mark was guilty of discriminatory harassment on the job.
C. The employer if it can prove that Mark was an at-will employee
D. Neither because Title VII has not been violated.
11. Under the Employee Retirement Income Security Act (ERISA,) the two general types of benefits are:
A. Defined benefits and defined contributions
B. Pension benefits and retirement benefits
C. Defined benefits and undefined contributions
D. Pension benefits and welfare benefits
E. Defined benefits and undefined benefits.
12. The part of the Occupational Safety and Health Act that mandates a work environment free from recognized hazards likely to cause serious harm or death is know as:
A. Hazards Clause
B. General Duty Clause
C. Arbitration Clause
D. Liability Clause
None of the above