Hr Management Law Test I

Front 1

Conversion

Back 1

Unlawful taking of personal property

Front 2

Embezzlement

Back 2

Fraudulent taking of property during the course of employment (directly related to the job)

Front 3

Theft of Time

Back 3

Employee wrongfully inflating his/her wage at the employer’s expense

Front 4

4th Amendment

Back 4

Protects against unreasonable searches and seizers

Front 5

Whistle Blowing:

Back 5

Notification by an employee to management or federal/state/local authorities about a co-worker’s illegal activities
To qualify an employee must provide WRITTEN disclosure regarding violation through:
1) Mismanagement
2) Abuse of authority
3) Substantial waste
4) Danger to public health and safety (i.e.: OSHA)

Front 6

Sarbanes – Oxley Act 2002:

Back 6

Provide transparency in reporting. CEO & CFO have to sign a stmt of acknowledgment that the information is true.

Front 7

Employment At-Will:

Back 7

Employee may be discharges at any time, for any reason, or for no reason at all.

Front 8

Texas Commission on Human Rights Act: Cannot discharge on basis of:

Back 8

Race; Color; Disability; Religion; Sex; National origin or Age

Front 9

Exceptions to At-Will:

Back 9

requires employers with 100 employees or more to give 60 days notice to employees affected by mass layoffs or closings.

Front 10

Uniformed Services Employment and Reemployment Act:

Back 10

Cannot discriminate on the basis of an applicant’s present, past or future military service.

Front 11

Termination Procedures:

Back 11

If a plant closing or mass layoff issue WARN notice
Review personnel file
Follow all written and oral company policies
Meet with the employee if at all possible
Give notice of the termination and listen to the employees’ response

Front 12

Termination Tips:

Back 12

Give the real reason for termination
Never let it be a surprise to the employee
Remind the employee of past attempts to rehabilitate
Do not get into a debate

Front 13

Post Termination:

Back 13

Make a memo of the termination meeting
Conduct an Exit interview
Make sure that no one gives out any information to perspective employers other than dates of employment and position held
Inform other employees and 3rd parties
Respond to Unemployment Claim
Employee is disqualified IF discharged for misconduct
Pay the employee all monies due
Comply with child support order; within 7 days of termination notify the court
Send a COBRA notice – health coverage can be extend up to 18 months

Front 14

Arbitration

Back 14

Arbitration clause is enforceable as part of a contract
Employee must agree to arbitration
Must be able to obtain adequate resolution through arbitration

Front 15

Fee Splitting

Back 15

The expense of arbitration is split between the parties
This can be quite expensive

Front 16

Arbitration and Statutory Rights:

Back 16

Can arbitrate and it does not if the claim is a Title WII claim
Texas law follows the federal law on this issue

Front 17

Arbitration of an EECO Claim

Back 17

Employee must file a claim with the Equal Employment Commission and cannot sue on their own until they obtain a “right to sue” letter
EECO has jurisdiction over the issue for 180 days and is not bound by the arbitration agreement

Front 18

Principal

Back 18

Employer- Directs agents actions and is responsible for his or her actions

Front 19

Agent

Back 19

Employee - Acts on behalf of the principal and per their directions

Front 20

Agency

Back 20

-Employers are liable for the actions of their employees
-Employers liability is subject to the scope of employment
-Scope of employment are actions that relate to the kind of work that the employee was hired to perform and done during business of the employer.

Front 21

Employee

Back 21

-An individual that works full time for his employer
-Is compensated on a time
-Subject to the supervision of the principal in the details of his work
-Employer controls the manner and method that the employee performs the job.

Front 22

Scope of employment

Back 22

-Was the conduct the same general nature as that which the employee was hired to perform
-was the conduct substantially removed from the authorized time and limits of employment.
-Did the employer benefit from the conduct?

Front 23

Employment Liability : Fraud

Back 23

Employer will have liability for misrepresentations If agent has authority to make such statements

Front 24

Employment Liability : Intentional torts

Back 24

If force authorized - employer will be liable.

Front 25

Frolic

Back 25

Major deviation from an employer's direction

Front 26

Detours

Back 26

Minor deviations from an employer's direction

Front 27

Motivation to serve employer

Back 27

At the time of the act, the employee must be motivator at least in part, by the desire to serve the employer.

Front 28

Independent Contractors:

Back 28

-Degree of control
-Workers opportunity for profit and loss
-The workers investment in the business
-The permanence of the working relationship
-The degree of skill required to perform work
-Extent which work is integral part of business

Front 29

Temp workers

Back 29

-No official definition
-Typically hired through a staffing agency
-Employer pays staffing agency and agency pays temp

Front 30

Volunteers

Back 30

-Performs hours of service for public agency for civic, charitable, or humanitarian reasons.

Front 31

Partners

Back 31

-Can individual act on their own
-Do they participate in the management
-Share in profits/losses

Front 32

Defamation

Back 32

Limitation or denial of employment opportunity based on a person in a protected class

Front 33

Protected Classes

Back 33

Title VII?
-Race
-Sex
-National Origin
-Religion
-Citizenship
-Age
-Disability
-Vetern

Front 34

Types of discrimination

Back 34

-Disparate treatment: unequal treatment
-Must have intent to treat differently
-Must have an adverse impact
-If disabled must have a reasonable accommodation
-Can be as a result of retaliation

Front 35

Direct Evidence

Back 35

When employer indicates directly that the reason for termination, non-hiring, unequal-treatment, is as a result of discriminatory intent.

Front 36

Facially Discriminatory Policy

Back 36

Employer admits to basing decisions on a protected class, but has a sound business reason for doing so.

Front 37

Reverse Discrimination and affirmative action

Back 37

Have been challenged by those NOT in the protected class

Front 38

Pretext

Back 38

Lying : An individual in a protected class received disparate treatment, but, employer says there is a valid reason.

Front 39

Mixed motives

Back 39

When treatment based on BOTH discriminatory and lawful reasons.

Front 40

Pattern or practice

Back 40

Employers policies have the effect of discriminating.

Front 41

Harassment

Back 41

Treated as a discrimination claim

Front 42

Discrimination Claim Requirements

Back 42

Plaintiff must prove:
-Prima Facie Case

Protected class
Applied for opportunity
There was an actual opportunity
Plaintiff was denied opportunity
Employer selected someone not in the protected class

Front 43

Retaliation

Back 43

Employee that participates in a protected activity is later terminated or denied opportunities with the employer.

Front 44

Elements of a claim ( Retaliation)

Back 44

1) Employee engages in a protected activity/reporting claim
2) Employer takes adverse action against employee
3) Causal connection

Front 45

Drug testing

Back 45

-Pre-employment drug screens are okay
-Random post-employment screens are okay as long as for a safety sensitive job
-Employers must focus on the fact that the test is reasonable

Front 46

Drug Testing Procedures

Back 46

-Notify employee in writing
-Provide cmopany policy
-Use licensed labs
-Perform confirmatory test
-Give employee results in writing
-If positive, employee can explain
-Collection in regard to privacy - must keep separate from employee records

Front 47

Medical Exam

Back 47

Pre-offer : no exam can occur
-After conditional offer: an unrestricted exam can only occur if:
-Cannot perform essential functions of the job even w/ reasonable accommodation
-is a direct threat to self or others
-only if one of the above is applicable can a person be denied employment
Post-hire: If 1) job related necessity 2) voluntary

Front 48

Phone conversations

Back 48

Title III - omni bus crime control and safe streets act of 1968
-Employers can record phone conversations IF:
-Quality control
-Personal calls are banned and monitored for violation

Front 49

Email in company

Back 49

Once it has passed through a company server it is free game
Exceptions:
Consent by employee in writing
Where employer is the provider of the email - if an outside provider is used - employer cannot use this exception

Front 50

Defamation

Back 50

A false statement communicated to at least one other person that causes harm to the persons reputation.

Front 51

Libel

Back 51

Written defamation

Front 52

Slander

Back 52

Spoken defamation