Question 1

The acts of an employee committed while performing duties are not considered as the acts of the employer.

Accepted Answer

The acts of an employee committed while performing their duties are often considered as the acts of the employer under the legal doctrine of "respondeat superior," which holds employers responsible for the actions of their employees performed within the scope of their employment.

Question 2

A negative reference by an employer can give rise to two kinds of lawsuits brought by current or former employees.

Accepted Answer

A negative reference by an employer could potentially result in a defamation lawsuit or a retaliation lawsuit if the employee believes the negative reference was given as retaliation for a protected action, such as filing a complaint or reporting illegal activity.

Question 3

Employers are asked to provide references for employees who are currently working for them or who have worked for them in the past.

Accepted Answer

Employers are commonly asked to provide references for their current or past employees. This is often requested by potential new employers as part of the job application process. However, employers are not legally obligated to provide references, and in some cases, they may decline to do so.

Question 4

Independent contractors are under the direct control of the person who engages them.

Accepted Answer

Independent contractors are hired to perform a specific task, but they work independently and are not under the direct control of the person who engages them. They have more control over their own work and can choose how to complete the task.

Question 5

A current or former employee does not have the right to sue his or her employer for defamation.

Accepted Answer

A current or former employee can sue his or her employer for defamation if the employer made false statements that damaged the employee's reputation.

Question 6

An employer must pay an employee the agreed-upon wage,subject to company policy,union contracts,and government mandates,for his or her services.

Accepted Answer

This statement is true. Employers are legally obligated to pay their employees the agreed-upon wage for the work performed. However, this may also be subject to company policies, union contracts, and government mandates such as minimum wage laws.

Question 7

The Internal Revenue Service test includes items such as who provides instruction,training,and tools; who sets hours; who determines where the work is performed and the sequence of work; and how payment is made to the worker.

Accepted Answer

This statement is true, as the Internal Revenue Service uses these factors to determine whether a worker is an employee or an independent contractor for tax purposes.

Question 8

The employee is personally liable for wrongful acts that result in injuries to a third party,whether they are intentional or the result of negligence.

Accepted Answer

This statement is true. Employees can be held personally liable for injuries caused to a third party as a result of their intentional or negligent actions. This is known as vicarious liability.

Question 9

An employee handbook should contain the information relating to the history of the company,including its mission and philosophy.

Accepted Answer

Including information about the company's history, mission, and philosophy is an important aspect of an employee handbook as it helps employees understand the values and culture of the organization they are working for.

Question 10

It is the employee's duty to:

Accepted Answer

It is the employee's duty to follow the instructions and orders given by their employer, as long as they are lawful. This is a basic requirement for any employee-employer relationship. The other options are not relevant or desirable duties for employees.

Question 11

In all the states of the U.S.,the provisions contained in an employee handbook are considered as a kind of contract between the employer and the employee.

Accepted Answer

Employee handbooks are not universally considered contracts in all U.S. states; it depends on state law and the specific language used in the handbook.

Question 12

An employee and an independent contractor are one and the same.

Accepted Answer

An employee and an independent contractor are different types of workers. An employee is hired by and works for an employer, while an independent contractor is self-employed and provides services to clients.

Question 13

The employer owes several duties to his or her employee.These duties are mostly:

Accepted Answer

The duties that an employer owes to an employee are mostly legal in nature, such as providing a safe workplace, complying with labor laws, paying appropriate wages, etc. While there may be social, political, and ethical considerations that can affect the employment relationship, these are not typically considered as direct duties owed by the employer to the employee.

Question 14

A legal doctrine known as "respondeat superior" is a Latin term meaning:

Accepted Answer

"Respondeat superior" is a legal doctrine holding an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency. The term literally means "let the master answer."

Question 15

The employer must protect the employee by providing all of the following,EXCEPT:

Accepted Answer

The employer is not responsible for providing an environment free of competition. It is a normal aspect of employment to have competition in the workplace.

Question 16

Information on leaves of absence,jury duty,military leave,and leaves for marriage or religious purposes are not part of the employee handbook.

Accepted Answer

The statement is incorrect. Information on leaves of absence, jury duty, military leave, and leaves for marriage or religious purposes are commonly included in employee handbooks.

Question 17

Employment contracts frequently have clauses related to maintaining confidentiality with respect to trade secrets,restrictive covenants,and agreements to arbitrate in the event of a dispute between the parties.

Accepted Answer

It is common for employment contracts to include clauses related to maintaining confidentiality, restrictive covenants, and agreements to arbitration.

Question 18

The acts of an employee committed while performing duties are considered:

Accepted Answer

The acts of an employee while performing duties are considered the acts of the employer under the principle of respondeat superior. This means the employer can be held liable for any harm caused by their employee while carrying out their job responsibilities.

Question 19

According to the doctrine of employment at will,only the employer may chose to terminate the employee from an employment at any time.

Accepted Answer

The doctrine of employment at will allows both the employer and the employee to terminate the employment relationship at any time, for any reason, or for no reason at all, as long as it is not illegal.

Question 20

An employer is responsible for an employee's torts committed within the scope of employment.

Accepted Answer

This is known as the doctrine of respondeat superior, which holds employers vicariously liable for the wrongful acts of their employees that occur within the course and scope of their employment.

Quiz 31: The Employer-Employee Relationship