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18 Cards in this Set

  • Front
  • Back

Negligent Hiring

Where an employee causes harm that could have been prevented if the employer had conducted a reasonable and responsible background check on the employee. The standard against which the decision is measured is when the employer knew or should have known that the worker was not fit for the job.


The failure to do something in such a way or
manner as a reasonable person would have
done the same thing; or doing something that a reasonable person would not do. Failing to raise one’s standard of care to the level of care that a reasonable person would use in a given situation.

Compelled self-publication

Occurs when an ex-employee is forced to repeat the reason for her or his termination and thereby makes a claim for defamation.

Non-compete Agreement

An agreement signed by the employee agreeing not to disclose the employer’s confidential information or enter into competition with the employer for a specified period of time and/or
within a specified region.

Forum Selection Clause

A clause in a contract that identifies the state law that will apply to any disputes that arise under contract.


The selection of a neutral or third party to consider a dispute and to deliver a binding or nonbinding decision.

Eligibility Testing

Tests an employer administers to ensure that the potential employee is capable and qualified to perform the requirements of the position.

Business Necessity

An element that is necessary for the essence of the business.

Job Analysis

Information regarding the nature of the work associated with a job and the knowledge, skills, and abilities required to perform that work.


Evidence that shows a test evaluates what it says it evaluates.

Face Validity

A test that looks well suited for its purpose.


An international tort involving the publication of false statements about another.


A lie-detecting device that measures biological reactions to individuals when questioned.

Genetic Testing

Investigation and evaluation of an individual's biological predispositions based on the presence of a specific disease-associated gene on the individual's chromosomes.


Human Immunodeficiency virus, the virus that causes AIDS.


Acquired immune deficiency syndrome, a syndrome in which the individual's immune system ceases to function properly and during which the individual is susceptible, in most cases fatally, to opportunistic diseases. It is not transmitted through casual contact; to transmit the disease, there must be an exchange of fluids. The disease may be transmitted through sexual contact, needle sharing; or an exchange of blood.

Performance Appraisal

A periodic assessment of an employee's performance, usually completed by her or his immediate supervisor and reviewed, at time, by others in the company.


The omission to do something a reasonable person would do, when guided by those considerations that ordinarily regulate human affairs, or something that a prudent and reasonable person would not do.