Deck 2: Employment Contracts and Wrongful Discharge

Question 1

Many federal and state statutes seek to protect whistleblowers from the employer's retaliation by declaring such retaliation as:

A) illegal acts.
B) defenses.
C) legal rights.
D) improper conduct.

Answer 1

A

Question 2

Employees of public companies are protected from retaliation for engaging in certain whistleblowing activities under:

A) the Occupational Safety and Health Act.
B) the Workers' Compensation Act.
C) the National Labor Relations Act.
D) the Sarbanes-Oxley Act.

Answer 2

D

Question 3

The freedom of employees to quit the employment relationship is an important issue underlying which doctrine?

A) the express contract doctrine.
B) the employment-at-will doctrine.
C) in independent employee doctrine.
D) the legal doctrine of an implied employment.

Answer 3

B

Question 4

The exception under the employment-at-will rule, where the employer cannot fire an employee from employment for exercising a legal right or fulfilling that legal duty created by a statute, is called:

A) court order.
B) administrative action.
C) public policy exception.
D) statutory exception.

Question 5

Section 3(a) of the Model Employment Termination Act (META) protects employees from wrongful termination from employment and states that:

A) an employer may not terminate employment of an employee without good cause.
B) an employer can terminate employment of an employee with perverse reason.
C) an employer cannot terminate an employee without government consent.
D) an employer may not terminate an employee from work without court order.

Question 6

An employee who complaints against his or her employer pertaining to fraud and corruption is protected under the provision of:

A) Occupational Discrimination Act.
B) Model Employment Termination Act.
C) Sarbanes-Oxley Act.
D) Wage Act.

Question 7

The provision of Uniform Employment Termination Act deals with protection of employees from:

A) misdemeanors.
B) wrongful discharge.
C) government order.
D) court order.

Question 8

An act that contains anti-retaliation provisions is:

A) the Equal wage Act.
B) the Civil Procedure Act.
C) the Gender Discrimination Act.
D) the Occupational Safety and Health Act.

Question 9

Which Act was passed by Congress on July 30, 2002 and signed by the president for the protection of whistleblowers?

A) Sarbanes-Oxley Act
B) National Labor Relation Board
C) Occupational Safety and Health Act
D) Wage Act

Question 10

Courts are reluctant to recognize an alternative remedy if the statute itself provides an employee with a cause of action in the form of a lawsuit for:

A) willful misconduct.
B) negligence.
C) wrongful discharge.
D) tort.

Question 11

Some employees have express contracts of employment, usually for a definite duration. Others fall within the coverage of a(n) ________________ negotiated for them by their union.

A) collective bargaining agreement
B) employment bargaining agreement
C) cooperative bargaining agreement
D) negotiable agreement

Question 12

A private or civil wrong or injury caused by one party to another, either intentionally or negligently is a:

A) breach of contract.
B) criminal act.
C) tort.
D) act of god.

Question 13

In Pennsylvania, if an employee is fired on the basis of gender or race discrimination, then State law remedy is provided under the Pennsylvania:

A) Occupational Discrimination Act.
B) Human Relation Act.
C) Labor Relation Act.
D) Gender and Race Discrimination Act.

Question 14

Identify the case in which the Supreme Court upheld the dismissal of a lawsuit brought by a salesman who was fired for refusing to sell what he insisted to management was an unsafe product?

A) Knox v. Board of School Directors of Susquenita School District
B) Geary v. United State Steel Corporation
C) Asmus v. Pacific Bell
D) Marcus v. KFG Employment Services, Inc

Question 15

An Act which makes it illegal to fire an employee in retaliation for filing a safety complaint is covered under the provision of:

A) Title VII of Civil Rights Act.
B) National Labor Relations Act.
C) Occupational Safety and Health Act.
D) Public Policy Exception.

Question 16

An employee who has not been hired for more than a year can be fired by the employer for any reason or for no reason. This is the doctrine of:

A) self employed.
B) employment-at-will.
C) contractual employed.
D) whistleblowers.

Question 17

Contracts that courts infer from company policies and the behavior of the parties are known as:

A) implied contract.
B) void contract.
C) express contract.
D) voidable contract.

Question 18

Kelly was an employee of a retail outlet. Although the nature of the work and duties performed by both male and female workers were comparable, the remuneration paid to male workers was significantly higher compared to the female employees. When Kelly brought this to the attention of the management and objected to the difference in pay, her services were terminated without good cause. Under which law can she challenge her termination?

A) Sarbanes-Oxley Act
B) National Labor Relation Board
C) Occupational Safety and Health Act
D) Model Employment Termination Act

Question 19

The law which is created by judges opposed to statutes and legislation for the equity, justice and conscious is called:

A) common law.
B) codified law.
C) statutory law.
D) ordinance.

Question 20

The Rodgers v. Lorenz case involved which of the following acts?

A) Model Employment Termination Act
B) Sarbanes-Oxley Act
C) Workers' Compensation Act
D) Occupational Safety and Health Act

Question 21

Watson, a Director of a telecom company in Florida, entered into a written contract with Carter Telecon. The contract outlined the services his company would provide in exchange for a fixed monthly rate. This is an example of:

A) an implied contract.
B) an express contract.
C) a specification of contract.
D) a breach of contract.

Question 22

Brandy and Matthew are neighbors and live in Texas. Matthew was renovating his house, which caused dust and debris to collect in Brandy's front yard. Unfortunately her son was highly allergic to these particulates and fell grievously ill. In this case, Matthew violates:

A) the U.S. Constitution
B) the Labor Act.
C) tort laws.
D) breach of trust.

Question 23

Lionel, an African American resident of Pennsylvania was employed in a garment factory. He had a public fallout with his white male co-worker, Tom. Following this, Lionel was fired from his job while Tom was let off with a warning. Lionel contended that he was fired because of his race. In this scenario, Lionel is most likely to file his case under:

A) the Gender Discrimination Act.
B) tort laws.
C) the Labor Act.
D) the Pennsylvania Human Relation Act.

Question 24

Muriel is the owner of a garment factory in New York City. Ten months back she hired 20 employees to work in his factory, but due to the economic downturn she decided to let go of the new hires in order to save her business. All 20 employees were fired and no explanation was provided. This action is perfectly legal and covered by the doctrine of:

A) implied contract.
B) good faith and fair dealing.
C) employment-at-will.
D) necessity.

Question 25

What is employment-at-will?

Question 26

Linda was employed with General Mills in Minnesota for over three years. She was a highly productive employee and was known as the star performer on her team. Due to the economic recession the company had to lay off a large number of employees, and she was one of the employees who was asked to leave without being provided good cause or an explanation. In this scenario, Linda is protected under Section 3(a) of META which says that an:

A) employee can be fired without any reason.
B) employee may not be terminated without good cause.
C) employee can be terminated in financial crises.
D) employee may not be terminated with good cause.

Question 27

Define dicta.

Question 28

What is SOX?

Question 29

Identify two Acts that protect whistleblowers from employer retaliation.

Question 30

Steven is the Executive Director at a telecom company in Texas. He regularly misappropriated company funds which belonged to the employee benefit plan and several clients. Robert, his corporate secretary was aware of his superior's illegal activities. He brought this to the attention of law enforcing agencies. What is Robert's role in the above scenario?

A) Spokesperson
B) Whistleblower
C) Gatekeeper
D) Outworker

Question 31

What is META? Explain the importance of Section 3(a) of META.

Question 32

Robert is a respected member of the Santa Clara community and works with a local architectural firm. He was selected by the court to perform jury duty on a case. The case went on for several days and caused Robert to miss work for the entire duration. Upon his return, he discovered that his team member had replaced him and his services were abruptly terminated. In this scenario Robert can challenge his termination under:

A) the public policy exception.
B) Title VII.
C) the National Labor Relation Act.
D) the U. S. Constitution.

Question 33

Brett (defendant) entered into employment contract with Krista (plaintiff). Brett had hired Krista as a staff assistant at a pay rate of $20 per hour. Krista's duties consisted of driving trucks and making deliveries. Although Krista worked for 120 hours in total, she was paid only for part of her services which did not abide by the terms and conditions agreed in the employment contract. Krista has most likely instituted a suit against Brett for:

A) breach of trust.
B) breach of contract.
C) gender discrimination.
D) wrongful discharge.

Question 34

Explain the meaning of the term whistleblower.

Question 35

What are the two most common types of contracts?

Question 36

Adam was an employee of ABC Corporation and he discovered the management was hiring illegal immigrants in most of its factories. He raised objection against the employer's practices and provided information to the law enforcing agencies regarding the illegal activities. The employer retaliated against Adam by terminating his employment. In this scenario, Adam is protected under:

A) Pennsylvania Human Relation Act which prohibits employee retaliation.
B) Section 203 and Section 806 of the Sarbanes-Oxley Act for illegal strikes.
C) OSHA and Title VII which protect employees who blow the whistle on illegal practice.
D) Section 203 of Title VII for breach of contract.

Question 37

What is a tort?

Question 38

What is the exception under employment-at-will?

Question 39

What does Title VII of the NRLA deal with?

Question 40

Peter, an employee of Light Ware was terminated from his job without wages and benefits for a period of three months. This was in violation of META. Under META his claim is subject to:

A) Court.
B) Administration.
C) Employer.
D) Arbitration.

Question 41

Describe the Model Employment Termination Act.

Question 42

Define the doctrine of employment-at-will? Explain its exceptions?

Question 43

Define a whistleblower and describe the protection offered to whistleblower employees.

Question 44

What are the protections for corporate whistleblowers under law?

Question 45

What is a contract? Explain the differences between express and implied contracts?