Employment Law Chapter 3

Front 1

Negligent Hiring

Back 1

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.

Front 2

Negligence

Back 2

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.

Front 3

Compelled self-publication

Back 3

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

Front 4

Non-compete Agreement

Back 4

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.

Front 5

Forum Selection Clause

Back 5

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

Front 6

Arbitration

Back 6

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

Front 7

Eligibility Testing

Back 7

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

Front 8

Business Necessity

Back 8

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

Front 9

Job Analysis

Back 9

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

Front 10

Validation

Back 10

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

Front 11

Face Validity

Back 11

A test that looks well suited for its purpose.

Front 12

Defamation

Back 12

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

Front 13

Polygraph

Back 13

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

Front 14

Genetic Testing

Back 14

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

Front 15

HIV

Back 15

Human Immunodeficiency virus, the virus that causes AIDS.

Front 16

AIDS

Back 16

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.

Front 17

Performance Appraisal

Back 17

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.

Front 18

Negligence

Back 18

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.