LECOM Healthcare Management II Exam Questions And Answers
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Course
LECOM HEALTHCARE MANAGEMENT II
Institution
LECOM HEALTHCARE MANAGEMENT II
Contract - ANS agreement between 2 or more parties creating obligations that are enforceable in court or otherwise recognizable at law.
What questions should you consider about contracts? - ANS Is document employer or employee friendly? What is effective duration from the employe...
LECOM Healthcare Management II Exam
Questions And Answers
Contract - ANS agreement between 2 or more parties creating obligations that are
enforceable in court or otherwise recognizable at law.
What questions should you consider about contracts? - ANS Is document employer or
employee friendly? What is effective duration from the employee's point of view? How much
discretion has the employer retained? What may be the worst provision for the employee
How is a consulting agreement different from an employee agreement? - ANS amount of
control, compensation and benefits, duration of the relationship, nature of the work.
Right to control - ANS whether the employee has control of the manner in which the work is
to be done or simply responsibility for a given result
Factors in legal distinction between independent contractor and employee - ANS 1. right to
control
2. terms of agreement
3. nature of the work or employee's "occupation" including the skill required for performance and
whether the employee is engaged in distinct occupation or business.
4. Whether employee supplies needed tools/equipment
5. whether payment is by hour or job
6. whether work is pat of regular business of the employer
7. whether the employer has the right to terminate the employment at any time.
Essential Elements of a Contract - ANS 1. Offer & Acceptance
2. Consideration
3. Competent Parties
4. Reality of Consent
5. Legal Purpose
what is it called when you break a contract? - ANS breach of contract
types of contracts - ANS written, oral, implied (quasi)
Contract Issues - ANS -lack of mutual assent
-illegal
,-do not have mental capacity
-coercion
-fraud
-statute of frauds
-parole evidence rule
parol evidence rule - ANS A substantive rule of contracts under which a court will not
receive into evidence the parties' prior negotiations, prior agreements, or contemporaneous oral
agreements if that evidence contradicts or varies the terms of the parties' written contract.
Statute of Frauds - ANS A state statute under which certain types of contracts must be in
writing to be enforceable.
breach - ANS failing to perform any term of a contract, written or oral, without a legitimate
legal excuse; Damages may be awarded: expectation, liquidaded, consequential, punitive
expectation damages - ANS actual damages, compensation for actual losses
liquidated damages - ANS A contract provides a specific amount to be paid as damages in
the event of future default or breach of contract.
Consequential Damages - ANS Special damages that compensate for a loss that is not
direct or immediate (for example, lost profits). The special damages must have been reasonably
foreseeable at the time the breach or injury occurred in order for the plaintiff to collect them;
usually not awarded.
Resident/Intern Contract Issues - ANS written is best, especially if longer than an hour.
restrictions for specification of hours are best. W-2 is best because certain benefits are possible.
Term should be defined (july 1-June 30).
stipend - ANS payment of living expenses during consideration
Pre-Employment issues - ANS 1. pre-existing restrictions on candidate?
2. compliance with common law obligations to former employers?
3. required skills
4. have the chemistry?
5. is the candidate willing to enter into a covenant?
Typical Term in Employment Contracts - ANS -term of employment
-capacity/duties/authority
-location of work
-compensation
-benefits
-stock
, -termination provisions
convenants - ANS promises, legally
indemnification - ANS protection in case of lawsuit; who will pay damages
choice of law - ANS what state law will apply if a lawsuit ensues
integration clause - ANS merger clause, prevents saying that contract does not reflect their
understanding, is not consistent with prior agreements or cannot be changed by later party
ADR provision - ANS How we're going to resolve disputes; for example, arbitration
arbitration - ANS settling a dispute by agreeing to accept the decision of an impartial
outsider; compliance to arbitration is part of the ADR Provision
notice provision - ANS how info is delivered b/w parties to the contract
409A - ANS defers compensated plans; employee has binding right to an amount but in
which tax year it is given/applied to is specified
Incapacity - ANS family medical leave act and americans with disabilities act may provide
protections against this; termination provision
termination for cause - ANS job loss that occurs when an individual is fired from an
organization for a particular reason; the individual has usually been warned one or more times
about a problem and either cannot or will not correct it; may be listed in the contract (felonies,
violation of duty, etc)
termination w/o cause - ANS w/o contract, this may be allowed for any reason except for
those protected by law. usually specified in contracts.
resignation with good reason - ANS failure of company to abide by contract w/ certain time
specified to fix the problem,
resignation w/o good reason - ANS terms of this may be specified in contract; termination
provision; ex. only gets payment for work only completed
death - termination provision - ANS terms about what happens = prorated payment or how
long a spouse may get paid
change of control - ANS termination provisions - what happens when a new owner takes
over
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