Show:
Agency Relationships
Employment Law
Agency & 3rd Persons
Employment Discrimination
Hodge Podge
100
Agent who is authorized to perform all acts that can be delegated lawfully to an agent.
What is a Universal Agent?
100
Facebox, one of the top employers for young professionals, promised during the hiring process that it would give Milo at least one year to learn his new job and that he would not be fired during that time. In this circumstance, Milo is not a(n) __________________.
What is an at-will employee?
100
Principal whose existence, but not identity, is disclosed to the third party at the time of contracting.
What is a partially disclosed principal?
100
Rose is an employee who has worked at a car rental agency as a sales agent for 6 years. Rose earns $20/ hour plus commission. John, also a sales agent for 6 years with the company and who does the same job as Rose, is paid $22/ hour. When Rose finds out she is paid $2 less than John for the same position, she decides to file a discrimination claim under the ___________________.
What is the Equal Pay Act of 1963?
100
Hillary is employed as an employee at a political sweatshop in the wake of the presidential election. She is made redundant and replaced by a younger person. The manager reveals that he wanted to create a ‘new upbeat feel’ to the campaign to attract youthful registered voters. Hillary may be able to bring a suit under the ___________________.
What is the Age Discrimination in Employment Act (ADEA)?
200
Agent who is appointed and given authorization by a written durable power of attorney.
What is an attorney in fact?
200
If Edward Snowball, an employee working for Grassroots, a company that is subject to federal EPA regulations, reports a suspected violation of improperly releasing industrial chemicals into a nearby river to the EPA, Edward is a _____________.
What is a whistleblower?
200
Liability imposed on an employer or principal for a wrong committed by an employee or agent.
What is vicarious liability?
200
Sexual Harassment under Title VII falls into two major categories, ________________ and __________________.
What is quid pro quo and hostile environment?
200
Elton, who is openly gay, worked for RCW Movies for 3 years. He claims that his manager and co-workers subjected him to a hostile work environment on a daily basis, to include crude jokes, name-calling, and unwanted touching. If he sues for sexual harassment, he will sue under ________ of the ________________________
What is Title VII of the Civil Rights Act of 1964?
300
Person who is hired to do a task and who retains control over the method for completing the task.
What is an Independent Contractor?
300
A clause within an employment contract that states: "Employee shall indemnify and hold harmless the Employer and its officers and agents from all suits, actions, losses, damages, claims, or liability of any character, type, or description" is called a(n):
What is an exculpatory clause?
300
Jennifer hires Angelina to act as her agent. Angelina negotiates a contract between Jennifer and Brad, a third party. Jennifer will deliver 100 of her specialty cyanide-laced peach pies to Brad. Angelina executes the contract and signs Jennifer's name with the words 'signed by Angelina.' Jennifer is a ____________.
What is a disclosed principal.
300
Discriminating in fringe benefits, such as health insurance, to discourage women of childbearing age from working is an example of ____________________.
What is pregnancy discrimination?
300
Donald Tripp receives oral instructions from Marco Rubella about negotiating a contract on behalf of Rubella. This is an example of ___________ authority.
What is express?
400
James Bondie advertised his souped-up Aston Martin for the selling price of $230,000. The prospective buyer, Ernst Stavro Blofeld (James' nemesis) test drove it while Bondie was on assignment, and offered Moneypenny $220,000, which she accepted on behalf of James (thinking he would jump at the amount). If James later decides to honor the agreement once he learns of it, he can _________the deal by selling his car for that price.
What is ratify?
400
A _____________________________ in employment contracting is lawful if it is reasonable: (1) in the geographic area protected, and (2) the duration of the restriction.
What is a covenant not to compete?
400
Lady Gigi hires Tony Benneth to handle a business event, and Tony finds it necessary to purchase certain supplies (like peacock feathers, spikes, and beef dresses) for the event. Even though Lady Gigi didn't expressly authorize the particular purchase, Tony made the purchase in the fulfillment of his agency duties. Therefore, Lady Gigi has a duty to ________ Tony.
What is reimburse?
400
In Harris v. Forklift Systems, where Harris quit her job and sued her employer for sexual harassment, the U.S. Supreme Court held that she provided sufficient evidence of _________________ to allow a jury to find a Title VII violation.
What is hostile work environment?
400
Adelle hires Jimmy Falton, a Hollywood realtor, to help her secure the purchase of a new mansion fit for a 25 year old mega-music star. Falton takes Adelle through a home in the Bel Air section of Los Angeles. Adelle falls in love with the home, and tells Falton she wants to put an offer on it. Falton also likes the home, and quietly submits an offer on his own. In doing this, Falton has breached his duty of _________ to Adelle.
What is loyalty?
500
Maverick wants to purchase a new fighter jet. Duckman greets Maverick at the aircraft dealership, shows him some F-14's for sale, takes Maverick on a test flight (acting, of course, as his wingman) and takes Maverick's order. Duckman seems to be a salesman by all accounts. Maverick is thrilled because Duckman offers to take $1 million off of the $38 million price tag. Duckman tells Maverick that the F-14 will be ready for pick up the next day. Maverick returns to the aircraft dealer and asks for Duckman so he can get his new F-14, but is told that Duckman is actually an aircraft mechanic and has no authority to bind the deal. However, Maverick reasonably believed that Duckman was an aircraft salesman who had the authority to sell him the F-14. Maverick can file a suit to enforce the contract by claiming that Duckman had ____________ authority.
What is apparent?
500
This Federal law requires all non-unionized companies with > $25,000 worth of business with the federal government to certify that they provide a drug free workplace.
What is The Drug Free Workplace Act?
500
A faculty member here at Clemson serves as the Editor for a journal and utilizes the services of an Assistant Editor who lives in South Carolina. The Assistant works independently editing articles sent to her electronically. She sets her own hours, works from home, and provides similar services for other clients. The Assistant is a(n)____________
What is independent contractor?
500
Agham is a follower of Sikhism, and as such wears a turban as part of his religious beliefs. Agham has worked as an auditor at a mid-size accounting firm for the past 4 years. Last week, a company email was sent out to all employees which requires that when visiting client sites employees may not wear any type of headdress in order to keep the "company image" of being secular. If Agham files a religious discrimination suit against his firm, the firm will have to defend that making an accommodation for Agham imposes a(n) ____________ _______________ on the conduct of the business.
What is undue hardship?
500
A temporary agency, that claimed to do thorough background checking, placed an employee as a controller in a finance office. A few months later, the firm discovered that the temp employee had embezzled thousands of dollars. The temp agency could be found guilty of _______________.
What is negligent hiring?