Deck 39: Employment at Will

Question 1

The starting point for analyzing the legal relationships between employers and employees is the employment-at-will doctrine.

Answer 1

True

Question 2

One major exception to the employment-at-will rule is when an employee has an express contractual relationship with the employer that is intended to displace the employment-at-will rule.

Answer 2

True

Question 3

Courts have fashioned two common law exceptions that help to limit the harshness of the rule on employees.

Answer 3

False

Question 4

The most widely used exception that displaces the employment-at-will rule recognizes that allowing employers to terminate an employee for certain reasons may contradict public policy.

Question 5

There are no federal and state statutes that displace common law employment-at-will rules.

Question 6

Very few state legislatures have enacted their own versions of the False Claims Act under state law.

Question 7

Federal employees are protected from retaliation for whistleblowing by the Whistleblower Protection Act of 1989.

Question 8

Although certain jurisdictions limit whistleblower protection to employees whose disclosures involve conduct that could result in some harm to the employees or the public at large, the majority of states have extended that same protection to disclosures that involve any illegal or improper conduct.

Question 9

Employers may terminate employees who are whistleblowers if they can show that the termination was for reasons that are separate from and independent of any whistleblowing.

Question 10

Whistleblowers are not protected when they report the violation of a law or standard by their employer to the authorities.

Question 11

The employment-at-will doctrine permits an employer to terminate an employee __________.

A) with or without advance notice
B) with or without just cause
C) subject to certain exceptions
D) All of the choices are correct.

Question 12

The employment-at-will doctrine does not apply cases where (1) the employee has an express contract, (2) courts have fashioned a common law exception that protects the employee, or (3) __________.

A) the employee was told at hiring he would not be fired
B) some specific statutory protection against job termination
C) a local ordinance overrides federal law
D) None of the choices are correct.

Question 13

One major exception to the employment-at-will rule is when an employee has an express __________ relationship with the employer that is intended to displace the employment-at-will rule.

A) contractual
B) common
C) private
D) subordinate

Question 14

Typically, an employment contract will provide that employers may terminate the employee only for __________.

A) financial performance
B) improper performance
C) good cause
D) None of the choices are correct.

Question 15

While some employment agreements are contracts between managers and a business entity, some contracts give rights to __________ employees as well.

A) obedient
B) principal
C) nonmanagement
D) None of the choices are correct.

Question 16

Collective bargaining agreements (CBAs), are negotiated by a/an __________ union on behalf of a group of employees.

A) agent
B) labor
C) worker
D) None of the choices are correct.

Question 17

The employment-at-will rule is decidedly __________ toward protecting the interests of the employer.

A) unbiased
B) neutral
C) ratification
D) biased

Question 18

Which is not one of the exceptions provided by the courts that help to limit the harshness of the employment-at-will rule on employees?

A) covenant of good faith and fair dealing
B) public policy exception
C) implied contract protection
D) registration of notice

Question 19

Which state does not recognize the common law exceptions of the employment-at-will rule on employees?

A) Illinois
B) Wisconsin
C) Florida
D) Iowa

Question 20

The most widely used exception that displaces the employment-at-will rule recognizes that allowing employers to terminate an employee for certain reasons may contradict __________.

A) proxy rules
B) public policy
C) contract law
D) None of the choices are correct.

Question 21

The public policy exception is a __________ applied common law rule that places the public welfare ahead of the rights of an employer.

A) narrowly
B) liberally
C) broadly
D) largely

Question 22

Courts will consider the public policy objective to be explicit and well established if it is related to:

A) an existing statute
B) the state constitution
C) previously established policy
D) All of the choices are correct.

Question 23

Suppose that Aubrey, an at-will employee at Costco, injures her arm on the job. Costco's manager tells Aubrey that the company frowns on employees who file claims under the workers' compensation law. Aubrey files the claim and is fired one week later without being given a reason. Under what theory(ies) would Aubrey be able to sue Costco for illegal termination?

A) an existing statute
B) the state constitution
C) previously established policy
D) All of the choices are correct.

Question 24

In what court was the following case decided in: Jasper v. H. Nizam, Inc., 764 N.W.2d 751 (Iowa 2009)?

A) supreme
B) tax
C) federal
D) administrative

Question 25

The court in Jasper v. H. Nizam, Inc., 764 N.W.2d 751 (Iowa 2009) held that __________ regulations are a reliable source of public policy.

A) foreign
B) local
C) administrative
D) legislative

Question 26

In Bammert v. Don's Super Valu, Inc., the __________ Supreme Court refused to apply the public policy exception when the wife of a police officer alleged that she was fired in retaliation after her husband arrested her employer's wife.

A) Illinois
B) Iowa
C) Kentucky
D) Wisconsin

Question 27

An employment-at-will relationship may be converted to a contract relationship if the employer acted in a manner that would lead a __________ person to believe that the employer intended to offer an employee protection from termination without cause.

A) partially disclosed
B) reasonable
C) part-time
D) None of the choices are correct.

Question 28

A manual or bulletin that is drafted and distributed by the employer may give rise to an implied contract theory if the manual extends some protections or process to the employee that she would not have under the __________.

A) res ipsaloquitor theory
B) public agent exception
C) employment-at-will doctrine
D) All of the choices are correct.

Question 29

The covenant of __________ and fair dealing, adopted by a minority of states, represents a significantly different approach to the traditional notions of an employment-at-will relationship.

A) good faith
B) full disclosure
C) absolute disclosure
D) None of the choices are correct.

Question 30

Certain federal and state statutes __________ common law employment-at-will rules.

A) nullify
B) support
C) displace
D) All of the choices are correct.

Question 31

The False Claims Act is a __________ statute that contains an anti-retaliation provision that protects employees who disclose that their firm has committed fraud in dealing with contracts with the federal government.

A) federal
B) state
C) local
D) None of the choices are correct.

Question 32

According to the National Whistleblower Center, approximately __________ percent of the money recovered under the False Claims Act over the past decade was from cases brought by employees of contractor firms.

A) 70
B) 75
C) 80
D) 90

Question 33

The False Claims Act allows the reporting party to file a lawsuit against the organization that is accused of the fraud and to __________.

A) receive a portion of any monetary recovery
B) put the party accused of fraud in jail
C) place an injunction on future business activities
D) None of the choices are correct.

Question 34

__________ states have extended protection of at-will employees beyond the traditional statutory protection provided by antidiscrimination and false claims laws.

A) Almost all
B) Some
C) The majority of
D) None of the choices are correct.

Question 35

__________ states and the District of Columbia have created statutes that provide an incentive to report fraud involving state-funded programs.

A) Nineteen
B) Twenty-three
C) Twenty-seven
D) Thirty

Question 36

Employers may not terminate an employee as __________ for reporting the employer to the authorities.

A) misappropriation
B) mistake
C) misapprehension
D) retaliation

Question 37

Federal employees are protected from retaliation for whistleblowing by the __________.

A) Protect the Whistleblower Act of 1985
B) Cessation of Retaliation Act of 1990
C) Whistleblower Retaliation Act of 1988
D) Whistleblower Protection Act of 1989

Question 38

What, if any, federal statute(s) give specific anti-retaliation protections for employees who disclose conduct that violates that law?

A) Fair Labor Standards Act
B) Sarbanes-Oxley Act
C) All of the choices are correct.
D) None of the choices are correct.

Question 39

__________ states only cover whistleblowing by government employees or employees of government contractors.

A) Almost all
B) Some
C) The majority of
D) None of the choices are correct.

Question 40

In Wurtz v. Beecher Metro District, 848 N.W.2d 121 (Mich. 2014), the court ruled:

A) ruled in favor of the District
B) ruled in favor of Wurtz
C) remanded the case
D) None of the choices are correct.

Question 41

Employers may terminate employees who are whistleblowers if they can show that the termination was for reasons that are __________ and independent of any whistleblowing.

A) a part of
B) attached to
C) separate from
D) None of the choices are correct.

Question 42

In McQueary v. The Pennsylvania State University, Pa. Ct. of Common Pleas, No. 2012-1804 (2016), what proceeding led up to McQueary being fired?

A) grand jury testimony
B) misrepresentation lawsuit
C) a civil complaint against him
D) All of the choices are correct.

Question 43

Under the Pennsylvania Whistleblower Act, the __________ shifted from McQueary to Penn State to prove that the termination was for "separate and legitimate reasons" from any whistleblowing activity.

A) guilt
B) agency
C) liability
D) burden

Question 44

In McQueary v. The Pennsylvania State University, Pa. Ct. of Common Pleas, No. 2012-1804 (2016), the court

A) ruled in favor of McQueary
B) ruled in favor of Penn State
C) reversed the case for extensive findings
D) remanded the case to another court

Question 45

What is the employment-at-will doctrine? What are the important exceptions that limit the applicability of this rule?

Question 46

Explain the protection and circumstances where an employment-at-will relationship may be converted to a contract relationship if the employer acted in a manner that would lead a reasonable person to believe that the employer intended to offer an employee protection from termination without cause.

Question 47

List some best practices for avoiding implied contracts on two fronts. First, recognize possible danger zones by understanding how courts have recognized implied contracts in the past. Second, what are some specific steps that protect against any claim of employer liability based on an implied contract via the employee handbook.

Question 48

Ernie is an employee of International Paper (IP). Over the past year, Ernie has been suspended three times for poor work and lateness. His manager warned him that any additional instances of lateness would result in termination. On Monday, Ernie discovers that IP has failed to take appropriate measures to remove a hazardous substance from the IP warehouse. Ernie notifies the authorities that IP is out of compliance. IP learns of the complaint and its source on Tuesday. On Friday, Ernie is late for work and is terminated. Explain whether Ernie is protected as a whistleblower. Are there any exceptions which would allow for Ernie's termination?

Question 49

Explain the court's opinion and reasoning in awarding Plaintiff McQueary damages in the case of McQueary v. The Pennsylvania State University.