Employment law objective assessment wgu UPDATED
ACTUAL Questions and CORRECT Answers
law set of rules for human behavior which are established by legitimate authority
precedent controlling rule, example or guide which provides framework for other judges to
follow
stare decisis the doctrine of a court following precedent of an earlier court
constitution supreme law of the land
judicial review power of courts to determine if law follows constitution
supremacy clause constitution, federal law, federal regulations are highest laws of land
agency contract relationship between principal and agent whereby principal authorizes
agent to work on his or her behalf
tort civil wrong which causes someone harm
vicarious liability form of secondary liability that comes from respondeat superior
respondeat superior employer is responsible for employee actions performed within scope of
employment
scope of employment Employee conduct that is reasonably relative to a job description.
frolic and detour employees physical departure from job for his/her best interest and not
employers (running personal errands on the way to a work meeting)
going and coming rule removes employer from acts or omissions of employees on the way to work
dual purpose mission Occurs when an employee conducts personal and work business at the same time
independent contractor person who is not subject to wage, discrimination, tax and liability laws
common law agency test test used to determine employee status, employer maintains right to control
method of work performed (work hours, dress code, billing processes)
economic realities test worker is an employee if he is substantially economically dependent on employer
IRS 20-factor analysis A list of 20 factors to which the IRS looks to determine whether someone is an
employee or an independent contractor. (instructions, training, integration,
services rendered personally, hiring assistants etc)
, integrated enterprise operations of two or more employers are so intertwined that they can be
considered a single employer
joint employer Two entities, not engaged in an integrated enterprise, that each exert control over
an employee
covered employment agency An agency that regularly procures employees for at least one covered employer-
subject to employment law regulation.
covered employer An employer that is engaged in a commerce industry and employs fifteen or more
employees.
employment at will employer may terminate employee at any time for any legal reason without
incurring liability
public policy exception invoked when an employee is terminated for reasons which violate a public-policy
interest. This can include an employee refusing to break the law, exercising a legal
right, fulfilling a statutory duty, or engaging in whistleblowing.
retaliatory discharge Termination of an employee as punishment for engaging in a protected activity.
implied contract legally binding agreement which is created, not through formal contract
negotiation and documentation, but by the actions of the employer and the
employee. The conduct creating the implied contract may be oral assurances
from the employer that as long as an employee does good work he or she will
have a job.
implied covenant of good faith and fair dealing holds that each party to the employment relationship makes an implied promise
to treat each other in good faith and fairness, and when that covenant is broken,
the employee has a cause of action for wrongful termination.
Constructive Discharge employer allows intolerable conditions of unfairness or mistreatment to exist at
work to such a degree that no reasonable employee would feel he or she had any
other option but to quit.
intentional interference with contract third party pressures employer to fire employee without cause
intentional infliction of emotional distress employer terminates an employee in an intentionally reckless or outrageous
manner such that it causes serious emotional and psychological damage, the fired
employee may have a claim for wrongful termination
Civil Rights Act of 1964 outlawed discrimination based on race, color, religion, sex, or national origin.
Covers employers with 15 or more employees
Equal Employment Opportunity Commission (EEOC) enforces federal anti discrimination statutes, provides oversight for all federal
equal opportunity standards in employment regulations.
disparate treatment intentional adverse or unequal treatment of an individual based upon a protected
class characteristic
ACTUAL Questions and CORRECT Answers
law set of rules for human behavior which are established by legitimate authority
precedent controlling rule, example or guide which provides framework for other judges to
follow
stare decisis the doctrine of a court following precedent of an earlier court
constitution supreme law of the land
judicial review power of courts to determine if law follows constitution
supremacy clause constitution, federal law, federal regulations are highest laws of land
agency contract relationship between principal and agent whereby principal authorizes
agent to work on his or her behalf
tort civil wrong which causes someone harm
vicarious liability form of secondary liability that comes from respondeat superior
respondeat superior employer is responsible for employee actions performed within scope of
employment
scope of employment Employee conduct that is reasonably relative to a job description.
frolic and detour employees physical departure from job for his/her best interest and not
employers (running personal errands on the way to a work meeting)
going and coming rule removes employer from acts or omissions of employees on the way to work
dual purpose mission Occurs when an employee conducts personal and work business at the same time
independent contractor person who is not subject to wage, discrimination, tax and liability laws
common law agency test test used to determine employee status, employer maintains right to control
method of work performed (work hours, dress code, billing processes)
economic realities test worker is an employee if he is substantially economically dependent on employer
IRS 20-factor analysis A list of 20 factors to which the IRS looks to determine whether someone is an
employee or an independent contractor. (instructions, training, integration,
services rendered personally, hiring assistants etc)
, integrated enterprise operations of two or more employers are so intertwined that they can be
considered a single employer
joint employer Two entities, not engaged in an integrated enterprise, that each exert control over
an employee
covered employment agency An agency that regularly procures employees for at least one covered employer-
subject to employment law regulation.
covered employer An employer that is engaged in a commerce industry and employs fifteen or more
employees.
employment at will employer may terminate employee at any time for any legal reason without
incurring liability
public policy exception invoked when an employee is terminated for reasons which violate a public-policy
interest. This can include an employee refusing to break the law, exercising a legal
right, fulfilling a statutory duty, or engaging in whistleblowing.
retaliatory discharge Termination of an employee as punishment for engaging in a protected activity.
implied contract legally binding agreement which is created, not through formal contract
negotiation and documentation, but by the actions of the employer and the
employee. The conduct creating the implied contract may be oral assurances
from the employer that as long as an employee does good work he or she will
have a job.
implied covenant of good faith and fair dealing holds that each party to the employment relationship makes an implied promise
to treat each other in good faith and fairness, and when that covenant is broken,
the employee has a cause of action for wrongful termination.
Constructive Discharge employer allows intolerable conditions of unfairness or mistreatment to exist at
work to such a degree that no reasonable employee would feel he or she had any
other option but to quit.
intentional interference with contract third party pressures employer to fire employee without cause
intentional infliction of emotional distress employer terminates an employee in an intentionally reckless or outrageous
manner such that it causes serious emotional and psychological damage, the fired
employee may have a claim for wrongful termination
Civil Rights Act of 1964 outlawed discrimination based on race, color, religion, sex, or national origin.
Covers employers with 15 or more employees
Equal Employment Opportunity Commission (EEOC) enforces federal anti discrimination statutes, provides oversight for all federal
equal opportunity standards in employment regulations.
disparate treatment intentional adverse or unequal treatment of an individual based upon a protected
class characteristic
