LEB 320F Unit 9: Agency and Employment Law - Quiz Questions and Answers
Which of the following is not protected under the FMLA?
a. Time off for the birth and care of a newborn child.
b. A serious health condition that makes the employee unable to perform essential functions of his job.
c. Time off to care for an employee's spouse who has a serious health condition.
d. Time off to care for a grandchild who has a serious health condition. - Answer -D. Time off to care for a grandchild who has a serious health condition.
Which of the following is not a necessary element in establishing a claim for retaliation?
a. The plaintiff suffered an adverse employment action.
b. The plaintiff engaged in a protected activity.
c. The plaintiff had complained to the EEOC. d. There is a connection between the protected activity and the adverse employment action. - Answer -C. The plaintiff had complained to the EEOC. A, B, and D are all necessary elements in a prima facie case for retaliation.
If there is a partially disclosed principal, that is, the third party knows that the agent is working on behalf of a principal, but is unaware of the identity of the principal, the agent and the principal are both liable to the principal. - Answer -True. Unless the agent and the third party agree otherwise, in the case of a partially undisclosed principal, both the agent and the principal are potentially liable to the third party.
Employees must request leave in order for the FMLA's requirement to come into effect. - Answer -True. The employer need not suggest the possibility of FMLA leave to an employee.
Which of the following is an example of when a superior may be held liable for the tortious actions of a subordinate?
a. The superior is negligent in failing to properly supervise the subordinate.
b. The superior directs the subordinate to commit the tort.
c. The superior allows the subordinate to operate potentially dangerous equipment when he knows or should know the subordinate is unqualified or incapable of handling it
safely.
d. All of the above. - Answer -D. All of the above All of the above are likely to cause the superior to be found liable for the subordinate's actions. In each of these cases, the principal is at fault and not held merely vicariously liable for the agent's wrongdoing.
A seniority system does not violate Title VII simply because it has a discriminatory impact. - Answer -True. The system is illegal only if it is intentionally used to discriminate.
An agent's capacity is usually immaterial and will not prevent an agency relationship from being formed. - Answer -True. The agent's capacity is usually immaterial, unlike the capacity of the principal. This is because the contract is made on behalf of the principal. The agent is not a party to the contract and therefore does not need capacity.
Jim wishes to expand his net worth by being more aggressive in the stock market. To this end, he contacts Walt, a well known stock broker, and sets up an account with a salary in order to have Walt make stock trades for him. Which of the following actions would be considered a breach of fiduciary duty by Walt?
a. Walt also controls the stocks of one of Jim's largest competitors, Bob.
b. Due to rapidly changing market conditions, Walt is unsure of the exact value of all of Jim's stocks.
c. Walt invested Jim's money, and made a large portion of money, in Sony. However, Jim expressly told Walt not to invest in Sony. d. Walt lost a large portion of Jim's money while doing stock trades that he normally would. - Answer -c. (This would be a breach of the duty of obedience. When an agent is
given clear instructions of the principal, which are legal, the agent must follow them. A would not necessarily be a breach of loyalty because Walt can be loyal to both consumers. B is not a failure to account because Walt may still know the amount of each stock he has. D is not a failure to use reasonable care because Walt has not been negligent (assuming Walt is not generally negligent in his transactions).)
Many states have created common law exceptions to the common law doctrine of employment at will. - Answer -True. The most notable of these exceptions can be grouped together under the heading of "public policy." Most commonly, courts provide remedies to individuals who are terminated because they refuse to follow instructions to violate the law.
Whom among of the following would be protected under the ADA?
a. A person with HIV.
b. Homosexuals.
c. Exhibitionists.
d. Kleptomaniacs. - Answer -A. A person with HIV.
An HIV infection is a disability under the definition of the ADA. Homosexuality, exhibitionism, and kleptomania are expressly not protected under the ADA.
If an agent commingles his own money with that of the principal, and if it can no longer be separated or identified, the principal may legally take it. - Answer -True. An agent
Which of the following is not protected under the FMLA?
a. Time off for the birth and care of a newborn child.
b. A serious health condition that makes the employee unable to perform essential functions of his job.
c. Time off to care for an employee's spouse who has a serious health condition.
d. Time off to care for a grandchild who has a serious health condition. - Answer -D. Time off to care for a grandchild who has a serious health condition.
Which of the following is not a necessary element in establishing a claim for retaliation?
a. The plaintiff suffered an adverse employment action.
b. The plaintiff engaged in a protected activity.
c. The plaintiff had complained to the EEOC. d. There is a connection between the protected activity and the adverse employment action. - Answer -C. The plaintiff had complained to the EEOC. A, B, and D are all necessary elements in a prima facie case for retaliation.
If there is a partially disclosed principal, that is, the third party knows that the agent is working on behalf of a principal, but is unaware of the identity of the principal, the agent and the principal are both liable to the principal. - Answer -True. Unless the agent and the third party agree otherwise, in the case of a partially undisclosed principal, both the agent and the principal are potentially liable to the third party.
Employees must request leave in order for the FMLA's requirement to come into effect. - Answer -True. The employer need not suggest the possibility of FMLA leave to an employee.
Which of the following is an example of when a superior may be held liable for the tortious actions of a subordinate?
a. The superior is negligent in failing to properly supervise the subordinate.
b. The superior directs the subordinate to commit the tort.
c. The superior allows the subordinate to operate potentially dangerous equipment when he knows or should know the subordinate is unqualified or incapable of handling it
safely.
d. All of the above. - Answer -D. All of the above All of the above are likely to cause the superior to be found liable for the subordinate's actions. In each of these cases, the principal is at fault and not held merely vicariously liable for the agent's wrongdoing.
A seniority system does not violate Title VII simply because it has a discriminatory impact. - Answer -True. The system is illegal only if it is intentionally used to discriminate.
An agent's capacity is usually immaterial and will not prevent an agency relationship from being formed. - Answer -True. The agent's capacity is usually immaterial, unlike the capacity of the principal. This is because the contract is made on behalf of the principal. The agent is not a party to the contract and therefore does not need capacity.
Jim wishes to expand his net worth by being more aggressive in the stock market. To this end, he contacts Walt, a well known stock broker, and sets up an account with a salary in order to have Walt make stock trades for him. Which of the following actions would be considered a breach of fiduciary duty by Walt?
a. Walt also controls the stocks of one of Jim's largest competitors, Bob.
b. Due to rapidly changing market conditions, Walt is unsure of the exact value of all of Jim's stocks.
c. Walt invested Jim's money, and made a large portion of money, in Sony. However, Jim expressly told Walt not to invest in Sony. d. Walt lost a large portion of Jim's money while doing stock trades that he normally would. - Answer -c. (This would be a breach of the duty of obedience. When an agent is
given clear instructions of the principal, which are legal, the agent must follow them. A would not necessarily be a breach of loyalty because Walt can be loyal to both consumers. B is not a failure to account because Walt may still know the amount of each stock he has. D is not a failure to use reasonable care because Walt has not been negligent (assuming Walt is not generally negligent in his transactions).)
Many states have created common law exceptions to the common law doctrine of employment at will. - Answer -True. The most notable of these exceptions can be grouped together under the heading of "public policy." Most commonly, courts provide remedies to individuals who are terminated because they refuse to follow instructions to violate the law.
Whom among of the following would be protected under the ADA?
a. A person with HIV.
b. Homosexuals.
c. Exhibitionists.
d. Kleptomaniacs. - Answer -A. A person with HIV.
An HIV infection is a disability under the definition of the ADA. Homosexuality, exhibitionism, and kleptomania are expressly not protected under the ADA.
If an agent commingles his own money with that of the principal, and if it can no longer be separated or identified, the principal may legally take it. - Answer -True. An agent
