Question 1

An express contract is a contract in which:
A)the terms are explicitly stated.
B)the terms are generally written, but sometimes only verbal.
C)are expressed in great detail.
D)All of these answers.

Accepted Answer

An express contract is one in which the terms are explicitly stated, whether in writing or verbally, and often in great detail, encompassing all the options provided.

Question 2

An employee who makes 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.

Accepted Answer

The Sarbanes-Oxley Act provides protection for whistleblowers, including employees who report fraud and corruption related to their employer. This act aims to enhance corporate governance and prevent corporate fraud.

Question 3

Steven is the Executive Director at a telecom company in Texas. He regularly misappropriated company funds that 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

Accepted Answer

Robert is a whistleblower because he reported illegal activities (misappropriation of company funds) to law enforcement agencies.

Question 4

If a company provides its employees with a personnel handbook, and that handbook says that employees will be fired only for certain enumerated infractions of work rules, a worker may later argue that the manual formed a(n)________ with the firm.
A)implied contract.
B)breached contract.
C)express contract.
D)None of these answers.

Accepted Answer

An implied contract is created by the actions, behavior, or circumstances of the parties involved, rather than written or spoken words. In this case, the personnel handbook, by specifying conditions under which employees can be fired, implies a contract that limits the reasons for termination, even though it might not be formally stated as a contract.

Question 5

Many federal and state statutes seek to protect whistleblowers from the employer's retaliation by declaring such retaliation as:
A)illegal practices.
B)defenses.
C)legal rights.
D)improper conduct.

Accepted Answer

Whistleblower protection laws are designed to shield employees from employer retaliation when they report illegal or unethical practices. These laws declare such retaliation as illegal practices to encourage accountability and transparency.

Question 6

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.

Accepted Answer

Geary v. United State Steel Corporation is the case where 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. This case is often cited in discussions of employment law and the limits of at-will employment in situations involving ethical concerns and product safety.

Question 7

A private or civil wrong or injury caused by one party to another, either intentionally or negligently is a(n):
A)breach of contract.
B)criminal act.
C)tort.
D)act of god.

Accepted Answer

A tort is a legal term referring to a civil wrong or injury that one party causes to another, either intentionally or negligently, which can lead to legal liability.

Question 8

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.

Accepted Answer

In Minnesota, the Minnesota Employment Termination Act (META) protects employees by requiring employers to have "good cause" for termination, meaning Linda should not have been terminated without a valid reason.

Question 9

In jurisdictions or circumstances in which no federal or state antiretaliation rule is implicated, the courts often have shown themselves willing to carve out a(n)________ to employment-at-will.
A)implied exception.
B)express exception.
C)public policy exception.
D)None of these answers.

Accepted Answer

Courts have often been willing to create a public policy exception to the employment-at-will doctrine in situations where no specific federal or state anti-retaliation laws apply. This exception allows employees to claim wrongful termination if their firing violates public policy.

Question 10

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.

Accepted Answer

Section 3(a) of the Model Employment Termination Act (META) is designed to protect employees from wrongful termination by requiring that employers have good cause for terminating an employee. This means that arbitrary, unjustified, or illegal reasons for termination are not allowed under this provision. Choices B, C, and D introduce conditions not specified in Section 3(a) of META, such as termination for perverse reasons, needing government consent, or requiring a court order, which are not part of the act's stipulations regarding the protection against wrongful termination.

Question 11

Which act makes it a crime to "knowingly, with the intent to retaliate, take . . . any action harmful to any person, including interference with lawful employment or livelihood of any person, for providing a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense"?
A)the Equal wage Act.
B)the Civil Procedure Act.
C)the Gender Discrimination Act.
D)the Sarbanes-Oxley Act.

Accepted Answer

The Sarbanes-Oxley Act includes provisions to protect whistleblowers and penalize retaliatory actions against individuals who provide truthful information about fraudulent activities or violations of federal securities laws to law enforcement.

Question 12

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

Accepted Answer

The correct term is "collective bargaining agreement," which is a contract negotiated between an employer and a labor union that outlines the terms of employment for the employees the union represents.

Question 13

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.

Accepted Answer

The public policy exception protects employees from termination for reasons that violate public policy, such as serving on a jury, which is a civic duty. Title VII, the National Labor Relations Act, and the U.S. Constitution do not specifically protect against termination for jury duty.

Question 14

Which act was passed by Congress in 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

Accepted Answer

The Sarbanes-Oxley Act of 2002 was passed by Congress and signed by the president to protect whistleblowers who report corporate fraud.

Question 15

The provision of Uniform Employment Termination Act deals with protection of employees from:
A)misdemeanors.
B)wrongful discharge.
C)government order.
D)court order.

Accepted Answer

The Uniform Employment Termination Act is designed to protect employees from wrongful discharge, ensuring that terminations are conducted fairly and for just cause.

Question 16

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.

Accepted Answer

The doctrine of employment-at-will allows employers to terminate employees at any time for any reason, except for illegal reasons, without having to provide a notice or explanation, which applies to Muriel's situation.

Question 17

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.

Accepted Answer

The Sarbanes-Oxley Act provides protection for employees of public companies who report fraudulent activities or violations of SEC regulations, thereby protecting whistleblowers from retaliation.

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

Accepted Answer

The Model Employment Termination Act (META) prohibits employers from terminating employees without good cause. In this case, Kelly was terminated without good cause after she objected to the difference in pay between male and female employees. Therefore, she can challenge her termination under META.

Question 19

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 Relations Act.
C)Labor Relations Act.
D)Gender and Race Discrimination Act.

Accepted Answer

The Pennsylvania Human Relations Act is the state law that prohibits discrimination on the basis of race, color, religious creed, ancestry, age, sex, national origin, or disability, including discrimination in employment.

Question 20

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.

Accepted Answer

Implied contracts are not written or spoken but are understood to exist based on the circumstances, including the actions and behaviors of the parties involved and any relevant policies or practices.

Quiz 2: Employment Contracts and Wrongful Discharge

An express contract is a contract in which:

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

If a company provides its employees with a personnel handbook, and that handbook says that employees will be fired only for certain enumerated infractions of work rules, a worker may later argue that the manual formed a(n) ________ with the firm.

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

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

In jurisdictions or circumstances in which no federal or state antiretaliation rule is implicated, the courts often have shown themselves willing to carve out a(n) ________ to employment-at-will.

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

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.

Which act was passed by Congress in 2002 and signed by the president for the protection of whistleblowers?

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

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

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

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