Employment Law
Agency and Employment Law
1. Lee hires Zeke to sell her house. She tells Zeke to ask for
$200,000, but says she will take $175,000. Zeke's friend Victor asks
Zeke about the house, and Zeke tells him that Lee will take
$175,000. Victor offers $175,000, and Zeke accepts. Zeke violated
his duty of
A. obedience.
B. loyalty.
C. account.
D. due diligence.
2. Bob's company was found in violation of ERISA. The violation
likely relates to
A. workplace safety.
B. Bob's pension plan.
C. failure to pay overtime.
D. workers' compensation.
3. Steve is Jason's agent, and it's within Steve's authority as Jason's
agent to purchase homes on Jason's behalf. Steve contracts with
Albert to buy Albert's house for Jason. Steve, however, doesn't tell
Albert that he's buying the house on Jason's behalf or that he's
acting for another individual. Under the terms of the contract,
which of the following statements is true?
B. agreement.
C. estoppel.
D. ratification.
13. The right to notice of a plant closing or massive layoffs due to
sale of a business is derived from the
A. Antitrust Procedures and Penalties Act.
B. Hart-Scott-Rodino Antitrust Act.
C. Employee Retirement Income Security Act.
D. Worker Adjustment and Retraining Notification Act.
14. Sally works for Big Tech, Inc. One day, the boss calls her into his
office and says, Women just don't get tech. You're fired. Sally
sues. In the course of the litigation, the company discovers that
Sally was pilfering paper from the company storage, and under the
employee handbook, this is grounds for termination. Sally's
discharge is
A. not wrongful because gender is a bona fide job qualification for working in
tech.
B. wrongful because evidence can't be used in a gender discrimination case.
C. wrongful because the employer intended to fire her based on gender.
D. not wrongful because the employer discovered evidence that justifies the
firing.
15. Anna gives Doris a power of attorney. Doris does business with
Big Bank as Anna's agent. Anna then revokes the power of attorney.
Anna is not liable on any contracts Doris made
A. after her agency was terminated.
B. that weren't fully performed at the time notice was received by Big Bank.
C. after Big Bank received notice that she was no longer an agent.
D. after the date of termination but before notice was received by Big Bank.
16. The union at Big Tech goes on strike. The president can petition
the attorney general to seek an injunction stopping the strike for
60 days if the
A. union failed to give 60 days notice of its intent to strike.
B. strike would endanger the nations health or safety.
C. demands of the union are unreasonable.
D. strike would result in large losses to the company.
17. Carl, a little person with dwarfism, applies for a job. He is told
he won't be hired because he is a little person. Carl sues, claiming
discrimination under the Civil Rights Act. Which of the following
statements is true?
A. Carl has no claim.
B. Unless Carl can show that the height requirement has a disparate impact
on short people, he has no claim.
C. Carl has a good claim.
D. Unless the employer can show that being of a certain height is a bona
fide job qualification, Carl has a good claim.
18. Polly hires Nick to sell her house and gives him power of
attorney that authorizes him to do, but the power of attorney says
nothing about price. Polly tells Nick to take nothing less than
$200,000. Lola offers Nick $195,000 for the house, and Nick
accepts. Nick violated his duty of
A. loyalty.
B. obedience.
C. account.
D. due diligence.
19. State right-to-work laws prohibit
A. closed shops, but not union shops.
B. union shops, but not closed shops.
C. agreements requiring union membership to get or keep a job.
D. employees from forming labor unions and bargaining units.
20. Phil receives a job offer from Big Tech, Inc., in a letter that
states, If you leave your current position and join us, we will
employ you for the next five years as our company expands. Phil
takes the job, and he is fired after six months even though his work
was satisfactory. If Phil sues and wins, the most likely reason is
A. the employment at-will doctrine.
B. express contract.
C. the state's right-to-work law.
D. promissory estoppels.
Link: https://tutorsof.wordpress.com/2016/06/25/hw-2032-agencyand-employment-law/