Question 1

An employer may dismiss an employee at will.

Accepted Answer

In many jurisdictions, employment is "at-will," meaning an employer can dismiss an employee for any reason that is not illegal, such as discrimination or retaliation. However, this can vary based on local laws and employment contracts.

Question 2

An employer is guilty of wrongful discharge where its motivation for termination is discriminatory.

Accepted Answer

Discriminatory termination violates employment laws that protect employees from being fired based on race, gender, age, religion, or other protected characteristics.

Question 3

The Model Employment Termination Act was designed to permit employers to discharge employees without cause.

Accepted Answer

The Model Employment Termination Act was designed to provide a framework for fair termination practices, requiring just cause for employee discharge.

Question 4

An employee cannot be discharged because of his involvement in politics outside of work.

Accepted Answer

In many jurisdictions, laws protect employees from being discharged for engaging in political activities outside of work, as long as those activities do not interfere with their job performance or violate company policies.

Question 5

When a worker is discharged for appearing as a witness in an employment discrimination or harassment suit this is constructive discharge.

Accepted Answer

Constructive discharge occurs when working conditions are so intolerable that a reasonable person would feel compelled to resign. Being discharged for appearing as a witness is considered retaliation, not constructive discharge.

Question 6

The principal exception to termination at-will is public policy.

Accepted Answer

The public policy exception prevents employers from terminating employees if it violates a state's public policy or a legal statute, making it a principal exception to at-will employment.

Question 7

Retaliatory Discharge occurs when an employee is terminated for blowing the whistle on an employer's illegal activity.

Accepted Answer

Retaliatory discharge is a legal term referring to the firing of an employee as a form of retaliation for engaging in legally protected activities, such as whistleblowing on illegal activities by the employer.

Question 8

At will means the employer can terminate upon giving proper notice.

Accepted Answer

"At will" employment means that either the employer or the employee can terminate the employment relationship at any time, for any reason, with or without notice, as long as it is not for an illegal reason.

Question 9

In most states, an Employment Handbook is a contract.

Accepted Answer

An Employment Handbook is generally not considered a contract in most states, as it typically serves as a guideline for workplace policies and procedures rather than a legally binding agreement.

Question 10

When a worker is forced to resign because the employer is making it impossible to perform his/her job this is ________.

Accepted Answer

Constructive discharge occurs when an employee resigns due to the employer creating a hostile or intolerable work environment, effectively forcing the employee to quit.

Question 11

Retaliatory discharge occurs when a worker is discharged for ________.

Accepted Answer

Retaliatory discharge occurs when an employee is terminated for engaging in legally protected activities, such as filing a worker's compensation claim or whistleblowing.

Question 12

Claims for wrongful termination can be filed for ________.

Accepted Answer

Wrongful termination claims can be filed if an employee is terminated in retaliation for engaging in legally protected activities.

Question 13

Exceptions to termination at-will include ________.

Accepted Answer

Termination at-will can be challenged if it violates public policy, such as firing an employee for refusing to break the law.

Question 14

Irving Kaufman, the manager for the Barons singing group, was fired when he demanded more money. By what method was his employment terminated?

Accepted Answer

Irving Kaufman's employment was terminated by revocation of authority, as he was fired for demanding more money, indicating a unilateral decision by the employer to end his role.

Question 15

Mark is awaiting the results of his bar exam. He tells Paula that he will continue to employ her as his secretary if he passes the exam. If he fails the exam, the employment relationship has been terminated in what way?

Accepted Answer

The employment relationship is contingent upon Mark passing the bar exam. If he fails, the condition for Paula's continued employment is unfulfilled, thus terminating the employment relationship.

Question 16

If Herman, a real estate broker, signs an exclusive listing with Otto, a home owner, and before the house is sold it burns to the ground, how did the employment relationship terminate, if it did?

Accepted Answer

The employment relationship terminated by operation of law because the destruction of the property made the performance of the contract impossible.

Question 17

The one state that does not enforce "employment at will" is

Accepted Answer

Montana is the only state that does not fully adhere to the "employment at will" doctrine, as it requires employers to have a just cause for termination after a probationary period.

Question 18

An employer is guilty of ________ where its motivation for termination is discriminatory.

Accepted Answer

The answer of An employer is guilty of ________ where...

Question 19

________ was designed to permit employers to discharge employees only for cause.

Accepted Answer

The answer of ________ was designed to permit employers to...

Question 20

________ occurs when the work environment had been so intolerable that the employee is forced to resign.

Accepted Answer

The answer of ________ occurs when the work environment had...

Quiz 5: Termination