Question 1

Common law deals with issues of wrongful discharge.

Accepted Answer

Common law addresses issues of wrongful discharge, particularly through doctrines such as wrongful termination or dismissal, where an employee's contract is terminated without just cause or in violation of the terms of the contract.

Question 2

A tort is a private or civil wrong or injury that can be caused either intentionally or negligently.

Accepted Answer

A tort is indeed a legal term referring to a civil wrong or injury that can result from either intentional acts or negligence, leading to harm or loss for which courts can impose liability.

Question 3

Individuals found guilty under SOX's criminal provision can be imprisoned up to 15 years.

Accepted Answer

Under SOX's criminal provisions, individuals can face up to 20 years in prison for certain offenses, such as document destruction or tampering.

Question 4

Pennsylvania Human Relations Act provides that a person fired on the basis of gender or race discretion has to initially seek redress from the commission created under the Act and not with the court.

Accepted Answer

The Pennsylvania Human Relations Act requires individuals who believe they have been discriminated against on the basis of gender, race, or other protected characteristics to first file a complaint with the Pennsylvania Human Relations Commission before they can pursue a lawsuit in court. This process is designed to provide an administrative remedy and potentially resolve the issue without the need for litigation.

Question 5

Section 10 of the Model Employment Termination Act forbids retaliation against employees who make claims or who testify under the procedural provisions of the META.

Accepted Answer

Section 10 of the Model Employment Termination Act (META) is designed to protect employees from retaliation by employers if they make claims or testify regarding their rights under the procedural provisions of the META. This is to ensure that employees can exercise their rights without fear of adverse consequences from their employer.

Question 6

The National Labor Relations Act (NLRA)forbids firing employees for engaging in protected concerted activities.

Accepted Answer

The NLRA protects employees' rights to engage in protected concerted activities, including discussing wages, benefits, and working conditions, and to form, join, or assist labor organizations, without fear of retaliation or being fired by their employer.

Question 7

An implied contract is a contract that is made either verbally or in writing.

Accepted Answer

An implied contract is formed by the actions or circumstances of the parties involved, not through written or spoken words.

Question 8

Public policy exception is not a commonly adopted exception to the pure employment-at-will rule .

Accepted Answer

The public policy exception is a widely recognized exception to the employment-at-will doctrine, allowing employees to sue for wrongful termination if they are fired for reasons that violate public policy, such as refusing to engage in illegal acts at the request of an employer.

Question 9

A whistleblower is an employee who reports his or her employer's illegal activities to the appropriate governmental entity.

Accepted Answer

A whistleblower is indeed an individual, often an employee, who exposes information or activity within a private, public, or government organization that is deemed illegal, unethical, or not correct.

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.

Accepted Answer

Courts are generally hesitant to recognize an alternative remedy when a statute explicitly provides an employee with a cause of action, such as a lawsuit, for wrongful discharge. This is because the statute itself specifies the remedy for such a situation, indicating a legislative intent to provide a specific form of redress for the wronged employee.

Question 11

The freedom of employees to quit the employment relationship is an important issue underlying:
A)the express contract doctrine.
B)the employment-at-will doctrine.
C)in independent employee doctrine.
D)the legal doctrine of an implied employment.

Accepted Answer

The employment-at-will doctrine allows either the employer or the employee to terminate the employment relationship at any time for any reason, which inherently includes the freedom of employees to quit their job whenever they choose.

Question 12

If the statute itself provides the employee with a cause of action, the courts are reluctant to recognize an alternative remedy in the form of a lawsuit for wrongful discharge.

Accepted Answer

When a statute explicitly provides an employee with a cause of action, courts typically defer to this legislative remedy and are hesitant to recognize an alternative, common law remedy for wrongful discharge, to avoid undermining the statutory framework.

Question 13

The doctrine of employment-at-will is narrowed by:
A)The National Labor Relations Act.
B)Title VII.
C)The Age Discrimination in Employment Act.
D)All of these answers.

Accepted Answer

The doctrine of employment-at-will is narrowed by all of these laws: The National Labor Relations Act, Title VII of the Civil Rights Act, and The Age Discrimination in Employment Act, as they provide protections against unfair labor practices, discrimination based on race, color, religion, sex, national origin, and age, respectively.

Question 14

Following Geary v. U.S. Steel (PA Supreme, 1978), the majority of courts applying Geary have required the plaintiff-employee to point to some precise statutory right or duty before ruling the discharge wrongful.

Accepted Answer

The Geary case set a precedent where courts often require a clear statutory basis for claims of wrongful discharge, emphasizing the need for a specific legal right or duty to be identified by the plaintiff.

Question 15

The Sarbanes-Oxley Act amended the Employee Retirement Income Security Act (ERISA).

Accepted Answer

The Sarbanes-Oxley Act amended ERISA to include provisions related to corporate governance and financial reporting.

Question 16

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.

Accepted Answer

The public policy exception to the employment-at-will doctrine prohibits employers from terminating employees for reasons that violate a state's public policy. This includes firing an employee for performing an act that public policy would encourage, or for refusing to do something that public policy would condemn.

Question 17

The drawback under Sarbanes-Oxley Act is criminal provision, which can be used to punish people who provided information to law enforcing agencies relating to the possible commission of any federal offences.

Accepted Answer

The answer of The drawback under Sarbanes-Oxley Act is criminal...

Question 18

The Sarbanes-Oxley Act did not amend the U.S. Criminal Code.

Accepted Answer

The Sarbanes-Oxley Act did amend the U.S. Criminal Code by introducing new criminal penalties for certain misconduct related to financial and corporate fraud.

Question 19

Occupational Safety and Health Act (OSHA), does not offer protection to employees who cooperate during investigations or testify at hearings from employer retaliation, such as employment termination.

Accepted Answer

The Occupational Safety and Health Act (OSHA) does offer protection to employees who cooperate during investigations or testify at hearings from employer retaliation, including protection against termination.

Question 20

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.

Accepted Answer

The doctrine of employment-at-will allows employers to terminate employees at any time for any reason, or for no reason at all, provided the reason is not illegal (e.g., based on race, religion, or another protected status), and this typically applies when there is no employment contract specifying otherwise.

Quiz 2: Employment Contracts and Wrongful Discharge