Explain the fourfold test for employment. Why did the courts find it necessary to establish this test?
Q: Explain the process of Employment Tests.
A: Employment tests are now frequently used in hiring processes. Instead of choosing candidates who…
Q: What is the Specific duty and Ad valorem Duty? Give the difference between the two.
A: Please refer next step for the answer
Q: Rehabilitation Act of 1973, Section 503
A: all state employees
Q: Title VII covers acts of discrimination, but not retaliation. True False
A: Title VII of the Civil Rights Act of 1964 (the "Act") disallows a business from retaliating against…
Q: G, husband of D, sold paraphernal property in her name without her (D’s) consent. Was such sale…
A: Paraphernal property is a derived from Greek word that means beyond dowry. Paraphernal property can…
Q: The distinguishing element between intentional torts and negligent torts is: a. intent. b.…
A: Option (a) is correct.
Q: When one of the Yellow Cab Company’s drivers was murdered on the job, his estate sought to obtain…
A: 1. Tests that will be applied and factors structure those tests: Since it's mentioned within the…
Q: explain the duties required by the Health and Safety at Work Act?
A: Health and Safety at Work Act The Health and Safety at Work Act of 1974 imposes broad…
Q: List the common law rights of the employer with regard to the role the employee.
A: The legislative framework of each market has formulated rules, regulations, and laws to manage and…
Q: Discuss what the basic conditions of employment Act entails
A: Employment Act says that their should be a contract between Employees and Employer in which some…
Q: In the case, Zankel v. United States (You Be the Judge in textbook section 28-2c), one of the…
A: Option 1 is correct. Dreyer had permission to drive the government's car, but was off duty at the…
Q: If a paralegal in Texas were accused of engaging in UPL, what would the possible consequences be,…
A: If a paralegal was accused in engaging in UPL, he might have to face the following consequences
Q: Identify three business activities that would constitute bribery and three actions that would not.
A: Bribery increases wealth inequality and supports corrupt regimes.
Q: What are the obligations of the employer and the responsibilities of the employee?
A: Employees are generally obliged to handle and maintain the record of all the employees and ensure…
Q: Dean was hired on February 12 as a sales manager of the Co-op Dairy for a minimum period of one year…
A: A contract is a written legally binding document that clearly states all the terms and conditions…
Q: T or F In the context of grievance procedures, the principle of just cause originally places the…
A: TRUE
Q: Who should sign a letter to a client giving legal advice and why?
A: There are different policies in the law firms regarding the sign on the contracts. The signature of…
Q: Define and explain the concept of damages in law. What are the steps that the innocent party need…
A: Damages in law , money compensation for loss or injury caused by the wrongful act of another.…
Q: What is the Doctrine of Piercing the Veil of Corporate Entitiy
A: Piercing the Veil of Corporate Entity: It is the legal jargon used to describe an action pursued…
Q: Identify and describe the various types of employment tests
A: Employment Tests Employment tests refer to the device that evaluates the match between the…
Q: Is there any similarities in the compensatory aims of contract and tort?
A: COMPESATORY AIMS OF CONTRACT AND TORT
Q: Lend Co. discovered that one of its employees, Dana, is an alcoholic. Her manager realized that…
A: American Disability Act: According to American Disability Act, an alcoholic should be given flexible…
Q: Differentiate the stockholders, corporators and incorporators in sentence
A: In an organization, there are different roles and responsibilities based on the degree of skills and…
Q: In partnership with American Express, Porter Cable requests that all employees at the rank of…
A: Yes, Porters cable will be liable. This is because they entered into a contract with American…
Q: A conflict of interest occurs when an activity may benefit the individual to the detriment of his or…
A: In an organization, there are different levels of management, top-level management, middle-level…
Q: Respond to each of the following: 1) Set forth the elements of a retaliation claim. 2) Describe a…
A: 1. The basic components that a plaintiff must prove to establish a retaliation cause of action have…
Q: Michelle Vinson was an employee of Meritor Savings Bank for approximately four years. Beginning as a…
A: Ms. M, an employee of the bank, started her journey in the bank as a trainee and was promoted to…
Q: Federal laws such as the Gramm-Leach-Bliley Act and HIPPA, apply to claims handling and to the…
A: Gramm - leach - bliley Act - used by the financial institutions before giving any kind of loan, to…
Q: What is the purpose of the AICPA Code of Professional Conductrestriction on commissions as stated in…
A: AICPA stands for American institute of certified public accountant.
Q: Elaborate on the Promotion of Administrative Justice Act 3 of 2000, right to just administrative…
A: Solution - Introduction - The Promotion of Administrative Justice Act 3 of 2000 aims to: give…
Q: Compare the differences and similarities of indefinite employment, contract employment, and at will…
A: An employment refers to a situation in which an employee will work for an employer for a price known…
Q: ●On what laws and legal concepts did the employer apparently base its termination of this…
A: Lawful ideas are regularly experienced with regards to legitimate standards, and the issue of…
Q: measure of their damages
A: damages that can be recovered by the plaintiff if proved all the elements.
Q: Explain how the agency relationship relates to the employment relationship
A: Employment (labor) relationship:- Employment relations is a term to describe the connection between…
Q: El Dorado Tire Company fired Bill Ballard, a sales executive. Ballard had a five-year contract with…
A: Case Summary: El a tire company terminated his sale executive Mr. B Ballard, although they signed a…
Q: To win a suit for negligence, injured person must show all but one: Select one: O a. The company s…
A: * Option C , The company acted with total care and respect to the harm that could result.
Explain the fourfold test for employment. Why did the courts find it necessary to establish this test?
Step by step
Solved in 2 steps
- Which of the following are required for a plaintiff to establish a prima facie case of disability discrimination? Select all that apply. 1. that her employer has 10 or more full time employees 2. that she was forced to work in a hostile work environment. 3. that she is someone who, with or without reasonable accommodation, can perform the “essential functions” of the employment position that such individual holds or desires. 4. that she is disabled 5. that she was subjected to unlawful discrimination because of her disabilityUnder what circumstances should a principal (employer) be responsible for the torts committed by an agent (employee)? If an agent injures a third party during the course of employment, to what extent should the employer be held liable? Under what circumstances should the agent be held personally liable? Provide an example to illustrate your opinion. What ethical considerations underlie the doctrine of respondeat superior?Explain the ways in which various legal doctrines are employed to balance the competing claims of employer and employee.
- How do you explain policy and procedure for the employee's separation by retirement, disability, and death?In 2017, the State of Connecticut passed the Fair Chance Employment Act that provides, in pertinent part, that “[n]o employer shall inquire about a prospective employee's prior arrests, criminal charges or convictions on an initial employment application, unless (1) the employer is required to do so by an applicable state or federal law, or (2) a security or fidelity bond or an equivalent bond is required for the position for which the prospective employee is seeking employment.” What is the social issue that the State of Connecticut is seeking to address through the Fair Chance Employment Act? And what are the likely outcomes of the Fair Chance Employment Act? (That is, will the statute achieve its intended result and are there any unintended consequences that will or may flow from the statute?)Michelle Vinson was an employee of Meritor Savings Bank for approximately four years. Beginning as a tellertrainee, she ultimately advanced to the position of assistant branch manager. Her promotions were based solely upon merit. Sidney Taylor, a vice president of the bank and manager of the branch office in which Vinson worked, was Vinson’s supervisor throughout her employment with the bank. After the bank fired Vinson for her abusive use of sick leave, Vinson brought an action against Taylor and the bank, alleging that during her employment, she had “constantly been subjected to sexual harassment” by Taylor in violation of Title VII of the Civil Rights Act of 1964. Vinson stated that Taylor repeatedly demanded sexual favors from her, fondled her in front of other employees, and forcibly raped her on a number of occasions. Taylor and the bank categorically denied Vinson’s allegations. Does the conduct constitute sexual harassment? Explain.
- Explain how the agency relationship relates to the employment relationshipLend Co. discovered that one of its employees, Dana, is an alcoholic. Her manager realized that Dana's alcoholism must be the reason for her absenteeism. To help Dana overcome her alcoholiśm, the employer provided her with counseling services and also asked her to make a firm choice between treatment and discipline. Lend Co. also offered outpatient treatment, and Dana participated in the program without success. When all of these efforts failed, Lend Co. offered to provide inpatient treatment, and Dana refused. Lend Co. fired Dana. According to the courts: O A. Dana has a valid claim under the Americans with Disabilities Act because she willingly participated in the outpatient treatment, even though it did not produce positive results. O B. Lend Co. is not liable under the Americans with Disabilities Act because it offered a reasonable accommodation, and Dana refused. O C. Lend Co, is liable under the Americans with Disabilities Act because it failed to offer Dana time off from…How can a company reduce the possibility that its employees may engage in unlawful activity? Discuss.
- Ms. T who was employed with Catamaran Inc. was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and the filing of criminal charges in court. In the letter of dismissal, the employer also stated that Ms. T qualifications was not as good as those of the other employees and that when the company held a party in her honour for 20 years of service to the company, that she drank too much and had to be taken home by the company’s driver. Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary because she was told…Ms. T who was employed with Catamaran Inc. was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and the filing of criminal charges in court. In the letter of dismissal, the employer also stated that Ms. T qualifications was not as good as those of the other employees and that when the company held a party in her honour for 20 years of service to the company, that she drank too much and had to be taken home by the company’s driver. Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary because she was told…Ms. T who was employed with Catamaran Inc. was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and the filing of criminal charges in court. In the letter of dismissal, the employer also stated that Ms. T qualifications was not as good as those of the other employees and that when the company held a party in her honour for 20 years of service to the company, that she drank too much and had to be taken home by the company’s driver. Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary because she was told…