Section 1
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An employee's resignation must be foreseeable result of an employer's discriminatory action to support a showing of constructive discharge.
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Last updated
4 years ago
Date created
Mar 1, 2020
Cards (100)
Section 1
(50 cards)
An employee's resignation must be foreseeable result of an employer's discriminatory action to support a showing of constructive discharge.
True
The theft of trade secrets is a federal crime.
True
Generally, under the employment-at-will doctrine, an employee may quit a job at any time for any reason.
True
States do not have trademark statutes.
False
Under the Madrid Protocol, a company can register its trademark in more than one country with a single application.
True
More than two hundred years ago, the Declaration of independence recognized the importance of protecting creative works.
False
Certain employers must provide advance notice of a layoff to the affected workers or their representative (if the workers are members of a labor union).
True
Employees of private (nongovernment) employers have some privacy protection under the U.S. Constitution.
False
All aspects of software are protected by copyright law.
False
For an infringement of copyright to occur, the reproduction must be exactly the same as the original.
Flase
Most employers with fifty or more employees are required to offer health-insurance benefits.
True
The Civil Rights Act of 1964 does not prohibit job discrimination in the hiring process.
False
A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay.
False
Employers have a general duty to keep workplaces safe.
True
Certain employees are exempt from federal overtime provisions.
True
An employer's discrimination against job applicants or employees on certain grounds may violate federal law.
True
A trade name can be protected under the common law, but only if it is unusual or fancifully used.
True
A tangible employment action is a significant change in employment status or benefits.
True
Generally, under the employment-at-will doctrine, an employer may fire an employee even if doing so would violate a federal or state statute.
False
An employer generally is required to notify an employee when an absence will be counted as family or medical leave under federal law.
True
A service mark distinguishes products used by those in public service.
False
The Civil Rights Act of 1964 does not protect against reverse discrimination.
False
Federal law does not restrict what employers may do on the basis of results of genetic testing.
False
Employers can treat their employees more or less favorably based on their religious beliefs or practices.
False
Like Social Security, Medicare is funded by contributions from the employer and the employee.
True
The most common exception to the employment-at-will doctrine is made on the basis that the employer's reason for firing the employee violates fundamental common sense.
False
Counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine trademarked goods.
False
A license permits the use of another's intellectual property for certain purposes.
True
Trademarks may be registered only with the federal government.
False
With a few exceptions, almost anything is patentable.
True
Children under fourteen years of age are not allowed to work.
False
An exception to liability for copyright infringement is made under the "fair use" doctrine.
True
Production techniques are not trade secrets.
False
Whenever a work-related injury or disease occurs, employers must make reports directly to the Occupational Safety and Health Administration.
True
Technology has limited the potential for copyright infringement via the internet.
False
Under the Anti-Counterfeiting Trade Agreement, member nations are required to establish border measures that allow officials to search commercial shipments of imports and exports for counterfeit goods.
True
Federal law does not prohibit discrimination on the basis of gender in assessing an employee's education, training, or experience.
False
The first person the invent a product obtains the patent rights rather than the first person to file an application for a patent.
False
Federal wage-hour laws cover all employers engaged in interstate commerce.
True
The key consideration in determining whether an employment manual creates an implied contract is the employee's reasonable expectations.
True
Employers are required to established retirement plans for their employees.
False
Vesting gives an employee a legal right to receive pension benefits at some future date when he or she stops working.
True
Protection of the trade secrets extends both to ideas and their expression.
True
A famous trademark may be diluted only by the unauthorized use of an identical trade mark.
False
To recover workers' compensation, an employee must prove that an injury did not occur on the job or in course of employment.
False
An employee may take up to twenty-six weeks of military caregiver leave within a twelve-month period to care for a family member with a serious injury or illness incurred as a result of military duty.
True
Disparate-impact discrimination occurs when a protected group of people is adversely affected by an employer's practices, even though they do not appear to be discriminatory.
True
A patent applicant must demonstrate that an invention is "commercially practicable" to receive a patent.
False
An employer can voluntarily pay overtime to ineligible employees.
True
Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.
False
Section 2
(50 cards)