Download MGMT 311 Final Exam 2025: Employment Law and Labor Relations and more Exams Business Fundamentals in PDF only on Docsity!
MGMT 311 FINAL EXAM 2025 | ALL QUESTIONS
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The distinction made under agency law between employee and independent-contractor status is important because federal employment laws ---------CORRECT ANSWER-----------------apply only to the employer- employee relationship. Food Mart Company employs workers, including Gina, at six locations in two states. Food Mart's discharge of Gina against the terms of an implied employment contract may result in ---------CORRECT ANSWER--------------- --the employer's liability for breach of contract. Health Clinic Inc. has no written employment manual or oral discharge policy, avoids abusive treatment of its staff, and acts to prevent illegal and unsafe activities. The clinic freely hires and fires its employees, who are similarly free to quit at any time. With respect to the employment-at-will doctrine, this is ---------CORRECT ANSWER-----------------an example of the doctrine. Ferris is an employee of Guitars LLC. Guitars' employee manual states that workers, such as Ferris, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is ---------CORRECT ANSWER-----------------an exception based on contract theory. Lin is an employee at Manufacturing Plant Inc. Lin is called for jury duty and as a result cannot work her scheduled shift. The plant fires Lin, who subsequently successfully sues her employer for reinstatement. With
respect to the employment-at-will doctrine, this is ---------CORRECT ANSWER-----------------an exception based on public policy. Games Inc. induces Hoda to leave a well-paying job and move to another state for "long-term, lucrative employment in a growing business." She accepts the offer, but her position is soon eliminated due to Games' ongoing, undisclosed financial problems. Hoda brings a successful action against the employer for fraud. With respect to the employment-at-will doctrine, this is ---------CORRECT ANSWER-----------------an exception based on tort theory. Blanca is an at-will employee of Commercial Data Company. In firing Blanca, Dart, a Commercial Data manager, publicly discloses, via social media, private facts about Blanca's personal life. She successfully sues the employer for wrongful discharge. With respect to the employment-at-will doctrine, this is ---------CORRECT ANSWER-----------------an exception based on tort theory. Leah is an at-will employee of Mortgage Mart LLC. She is fired for refusing to falsify credit applications for her employer's clients. Leah successfully sues Mortgage Mart for wrongful discharge. With respect to the employment-at-will doctrine, this is ---------CORRECT ANSWER--------------- --an exception based on public policy. Oakley is an employee of Paving Inc., which is performing a contract for the federal government. Oakley learns that Paving is overcharging for the work. If he publicly reports the fraud, the law may protect him from being fired from his job. With respect to the employment-at-will doctrine, this is --------- CORRECT ANSWER-----------------an exception based on a statute.
Luke takes temporary family leave from his job at Metal Works Corporation to arrange for child care and deal with financial and legal matters when Nancy, his spouse, a U.S. Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must - --------CORRECT ANSWER-----------------restore him to his same position or a comparable position. Olin is a key Power Company employee, whose pay falls within the top ten percent of the firm's workforce. Olin takes permitted time off under the Family Medical and Leave Act. On the employee's return from the leave, the employer ---------CORRECT ANSWER-----------------can avoid reinstating Olin. Denis works for Engineers P.A. While working on an Engineers project, Denis is injured. Under state workers' compensation laws, he will be compensated only if the injury was ---------CORRECT ANSWER--------------- --accidental. Gobi is an employee of Haz-Mat, Inc. He refuses a transfer to a Haz-Mat department in which several employees suffered serious injuries from exposure to hazardous materials. Under the Occupational Safety and Health Act, Gobi may be ---------CORRECT ANSWER-----------------subject to discharge. Steel Mill Inc. employs five hundred workers. For the Occupational Safety and Health Administration, Steel must do all of the following except --------- CORRECT ANSWER-----------------pay employees higher wages for working in more dangerous areas.
The purpose of state workers' compensation laws is to establish an administrative process for compensating workers for ---------CORRECT ANSWER-----------------injuries that arise in the course of employment, regardless of fault. Riga works for Street Tacos LLC. The basis for Riga's contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for her loss of income on retirement is ---------CORRECT ANSWER-----------------the employee's annual wage base. A key provision of the Employee Retirement Income Security Act (ERISA) concerns vesting. Vesting gives an employee who stops working a legal right to receive ---------CORRECT ANSWER-----------------pension benefits. Fresh Food Packing Inc. employs 1,800 workers in its storage, packing, and shipping facilities. Employees who lose their jobs with Fresh Food are not eligible for unemployment compensation if they ---------CORRECT ANSWER-----------------quit their jobs voluntarily. Game Stores Inc. employs four hundred workers at three locations in three states. Workers who lose their jobs with Games have a right to continued health-care coverage under the company's group plan unless they --------- CORRECT ANSWER-----------------are fired for gross misconduct. The Affordable Care Act requires most employers with fifty or more full-time employees to offer health-insurance benefits. Under the act's 50/30 rule, qualified employers who fail to provide insurance ---------CORRECT ANSWER-----------------will be fined for each employee after the first thirty.
Bakery LLC hires Cora to sell the company's products in a certain area. The company agrees to pay Cora a salary, plus commission, for a trial period. They also agree that she can sell using any methods and during any hours that seem appropriate. The key factor in whether Cora is an employee is ---------CORRECT ANSWER-----------------the degree of the employer's control over the details of the work. Aiden hires Buck to manage Aiden's Cattle Ranch. Buck agrees to act on Aiden's behalf, subject to Aiden's control, and Aiden trusts Buck to so act. Their relationship is ---------CORRECT ANSWER-----------------a principal and an agent. Rosario is a chef and caterer who hires out on a per-project basis to companies with on-location work sites, as well as to the hosts of banquets and other events. In this capacity, Rosario is ---------CORRECT ANSWER-- ---------------an independent contractor. Denny, a certified public accountant and an investor, and Ethel, an insurance salesperson and a realtor, may create an agency relationship for ---------CORRECT ANSWER-----------------any legal purpose. Country Club officers ask Devi to contract with Ewan to maintain the club's golf course. Devi orally agrees to do so. The relationship between the club and Devi is an agency by ---------CORRECT ANSWER----------------- agreement. Rosa introduces Sal to her friend Trey as "my associate." Sal purports to act as Rosa's agent in a business transaction with Trey. If Rosa is liable for
Sal's actions, it will be because their relationship is ---------CORRECT ANSWER-----------------an agency by estoppel. Lucia is married to Marco. Lucia buys food for their children's lunches and charges the cost to Marco's account. This is an agency by --------- CORRECT ANSWER-----------------operation of law. Energy Company employs Fred to negotiate the purchase of mineral rights for future mining projects. Fred secretly buys some of the property and sells it to Energy at a profit. Fred has breached ---------CORRECT ANSWER------ -----------the duty of loyalty. Byron, a salesperson at a Carpet & Tile store, tells Dan, a customer, "Buy your flooring here, and I'll install it for less than the store would charge." Dan buys carpeting, which Byron installs for half the store's price. Byron keeps the money. With respect to the store, Byron has breached --------- CORRECT ANSWER-----------------the duty of loyalty. Larry is an agent for Mary. She gives him clear instructions to enter into contracts on her behalf only on Mondays, Wednesdays, or Fridays. He enters into a contract on her behalf on Tuesday. Larry has breached --------- CORRECT ANSWER-----------------the duty of obedience. Lorene, an attorney, contracts with Milos to incorporate the client's business. Their contract stipulates the amount of the fee. On completion of the work, the attorney's right to be paid this amount arises from the client's duty of ---------CORRECT ANSWER-----------------compensation.
Ben manages a warehouse and its inventory for Coffee Roaster Inc. To operate this part of the business, Ben's authority can be inferred --------- CORRECT ANSWER-----------------from the position Ben occupies. Based on Nan's conduct, Odel reasonably believes that Poppy has the authority to act on Nan's behalf even though Poppy does not have the actual authority to do so. In this circumstance, Poppy has --------- CORRECT ANSWER-----------------apparent authority. Levon, an agent for Milled Grains LLC, executes an unauthorized contract with National Grocers Inc. The deal is highly advantageous to Milled Grains, and the company ratifies the contract. The contract is --------- CORRECT ANSWER-----------------valid. Without authorization, Lars contracts on behalf of Mina to have Nemo paint Mina's Boutique. If Mina decides to ratify the contract, she must affirm ------- --CORRECT ANSWER-----------------all of the contract. Bey indicates that he is acting as an agent on behalf of an unidentified client—Cuisine LLC—when he enters into a contract with Diners Bistro. Cuisine is ---------CORRECT ANSWER-----------------a partially disclosed principal. Erin indicates that she is acting as an agent on behalf of an unidentified client—Flight Services Inc.—when she enters into a contract with Go Airlines. Liability to Go for nonperformance of the contract may be imposed on ---------CORRECT ANSWER-----------------Erin and Flight Services.
Luis hires Mieko to act as his agent to buy Ngoc's Southeast Asian Café. Luis tells Mieko to reveal only that she is buying the restaurant on behalf of a third party, without telling Ngoc's seller who that third party is. Luis is ------ ---CORRECT ANSWER-----------------a partially disclosed principal. Ira serves in a representative capacity for Jett. Key is injured through Ira's negligence. Jett may be liable to Key if Ira's conduct occurred --------- CORRECT ANSWER-----------------in the course and scope of Ira's employment. Gary drives a truck as an employee for Hauling Inc. Gary would most likely be considered acting outside the scope of her employment if he --------- CORRECT ANSWER-----------------crashed into a car at the airport while off duty. Vera is a purchasing agent for Wild-Caught Fish Inc., with the authority to buy a sea fisher's catch up to a certain quantity. After the fish is bought, the agency relationship terminates ---------CORRECT ANSWER----------------- automatically. Miklos employs Nathalie to handle a list of financial transactions on Miklos's behalf. This power will terminate on ---------CORRECT ANSWER--- --------------Miklos's death or incapacity. Farah hires Gil, a real estate broker, to act as her agent to sell her land for $150,000. Before the land is sold at the stated price, oil is discovered beneath it, causing its market value to increase considerably. The agreement between Farah and Gil is likely ---------CORRECT ANSWER----- ------------terminated by operation of law.
Federal overtime provisions apply only after a covered employee works more ---------CORRECT ANSWER-----------------forty hours in a week. Investment Corporation wants to monitor business communications on phones that the employer provides to the employees. The employer's best course of action to avoid liability under laws related to employee monitoring is to inform ---------CORRECT ANSWER-----------------its employees. Corporate Enterprises Inc. provides its employees with a closed, in-house, e-mail system, which the company expressly restricts to business-related interactions. Employees who use the system ---------CORRECT ANSWER-- ---------------cannot reasonably expect their interactions to be private. Federal employment discrimination laws restrict the ability of employers to discriminate against workers on the basis of ---------CORRECT ANSWER--- --------------gender. Title VII of the Civil Rights Act applies to employers and labor unions with at least ---------CORRECT ANSWER-----------------fifteen employees or members. Compliance with Title VII of the Civil Rights Act is monitored by --------- CORRECT ANSWER-----------------the Equal Employment Opportunity Commission. Sara believes that she was rejected for a position at Tour & Travel Agency on the basis of her race. Sara files a suit against Tour & Travel under the Civil Rights Act. To establish a prima facie case of employment
discrimination, Sara must show all of the following except that --------- CORRECT ANSWER-----------------other persons of her race hold similar positions with similar employers. Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that ---------CORRECT ANSWER-----------------he is a member of a protected class. Gino applies for a job with Hobby Company. The employer does not hire him because of his ethnicity, or national origin. This is ---------CORRECT ANSWER-----------------disparate-treatment discrimination. Beal, a member of a protected class, applies for a job with Coffee Brew Corporation, but fails the company's employment test and is not hired. Beal believes that the test has an unintentionally discriminatory effect. If so, this is ---------CORRECT ANSWER-----------------disparate-impact discrimination. Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of --------- CORRECT ANSWER-----------------a protected class. Vim applies for a job at Welding Inc. She passes a test to determine which applicants are eligible for hiring, but Welding discards the results, and Vim is rejected. To successfully defend against a claim for discrimination under Title VII of the Civil Rights Act, the employer must show that --------- CORRECT ANSWER-----------------the practice in question was justified.
performance review and recommend a raise. This is ---------CORRECT ANSWER-----------------quid pro quo harassment. Emily, an employee of Farm Supplies Inc., files a suit against her employer, alleging sexual harassment by her supervisor Gowan. The employer may be liable if it had effective harassment policies and complaint procedures that were followed by ---------CORRECT ANSWER-----------------Emily. Beth participates in an investigation into possible violations of Title VII of the Civil Rights Act at ChemCo Inc., where she is an employee. As a result, the employer demotes her. Beth can file ---------CORRECT ANSWER-------- ---------a retaliation claim. Metro Fabrication Inc. may be liable for the sexual harassment of an employee if the company knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by ---------CORRECT ANSWER-----------------a company supervisor. Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover --------- CORRECT ANSWER-----------------a limited amount of compensatory and punitive damages. Inez files an employment discrimination suit against Jiffy Delivery Inc. under the Civil Rights Act, based on Jiffy's discharge of Inez. Possible relief includes ---------CORRECT ANSWER-----------------reinstatement.
Lisa brings a successful suit against her employer Mold & Die Corporation for employment discrimination. Lisa may be awarded ---------CORRECT ANSWER-----------------back pay, retroactive promotions, and damages. Batteries Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Batteries ---------CORRECT ANSWER-----------------if it acted with reckless indifference to an individual's rights. Dona, a fifty-five-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on ---------CORRECT ANSWER-----------------age. Riverside Resort replaces Sharon, a forty-five-year-old employee, with Terry. Sharon files a suit against the employer under the Age Discrimination in Employment Act. To establish a prima facie case, she must show, among other things, that she is ---------CORRECT ANSWER---- -------------qualified for the position. Kyla replaces Lomax in his job at Motor Corporation. Lomax believes that he has been discriminated against on the basis of his age. For the Age Discrimination in Employment Act to apply ---------CORRECT ANSWER----- ------------Lomax must be forty years of age or older. Bib replaces Chloe in her job at Data Market Corporation. To succeed with an age-discrimination claim against Data Market, Chloe will have to show that ---------CORRECT ANSWER-----------------Chloe is qualified for the job.
Fitness Club employs only female staff to assist its female-only members in the club. Greg, a forty-one-year-old male, applies for a staff job, but is not hired. In his suit against the club under the Civil Rights Act, the club most likely has ---------CORRECT ANSWER-----------------a bona fide occupational qualification defense. Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is ---------CORRECT ANSWER-----------------a business necessity defense. An affirmative action plan may be found to be constitutional if it --------- CORRECT ANSWER-----------------attempts to remedy past discrimination.
