Exam 23: Employment Law

Thomas Terrific,aged 59 years,and other employees were terminated by Northwest Power,Inc.due to corporate "downsizing." All of the employees who were laid off as a result of the closing were promised preferential treatment for other jobs at Time,Inc.Terrific applied for more than 30 of these positions,but he was never rehired.Other employees who were much younger than Terrific were hired.Most of the time,the reason given for his rejection was that he was overqualified.Terrific decides to sue.If you were advising Terrific,which course of action would you suggest?

Leonard Spinoza,a physical therapist,was laid off from his job at the Shelby Hospital because of economic conditions.He registered with the state unemployment compensation agency and requested unemployment compensation.The interviewing official told him about a job for a physical therapist at the Bellville Hospital.Spinoza refused it on the grounds that he needed vacation before accepting another job.Would Spinoza qualify for unemployment compensation?

Treasure Valley Pentecostal Church has an opening for a new head pastor.Rajid,who is a Hindu,applies for the job.The church declines to hire him and continues to look for other applicants.Rajid files a claim of illegal discrimination against the church based on his religion.What result?

Under the FLSA,Justin,a 17-year-old apprentice with Gem County Electrical,Inc. ,must be paid at least minimum wage.

Employees who believe that their employer has violated FMLA rules can file complaints with the:

Jackson Enterprises wants to provide two hours of work after school for children,up to eight years old,and from economically disadvantaged families who cannot afford after-school day care.The work will be coordinated with school assignments and will appeal to each child's unique interests.Discuss any legal issues associated with this plan.

Which of the following statements holds true for employee responsibilities under the Family and Medical Leave Act (FMLA)?

The Supreme Court has ruled that affirmative action plans must promote a "compelling state interest" and must be finely drawn to minimize harm to those workers outside the plan and that the plan is the only way to reverse an allegedly discriminatory practice.

Eva is fired by Big Clothing Co.for refusing to commit perjury.Discuss the elements required for Eva to win a wrongful discharge suit based upon a violation of public policy.

The manager of Palms Restaurant assembles all employees and announces that because theft is occurring,she would fire employees until the guilty party confessed.Turning to an employee,Alice,the manager says,"You're fired." Palms Restaurant is in an employment-at-will state.Discuss if Alice has any legal remedy against Palms.

On his way to lunch one day,Joseph is involved in a serious accident which causes him to lose 6 weeks of work.Joseph is entitled to workers' compensation.

When Brian returns to work at USDA after his approved six-week FMLA absence,his supervisor tells him he will be laid off and some of his job duties have been assigned to someone else,who is actually doing a better job than Brian ever did.So,while Brian is offered the same position he had,he is paid less because others have taken his duties.Brian has the right to sue USDA for wrongful discharge under FMLA.

An employee who is addicted to illegal drugs could claim a disability under the ADA.

Suppose LL STEAM Inc advertises for models for its new catalog.In particular,the ad states "seeking persons for a job modeling women's bathing suits." Suppose Harvey applies,but is rejected based on his gender.If he files a disparate treatment claim,LL STEAM would be able to defend based on "quid pro quo."

An employment relationship based on a(n)________ is an employment relationship that would have been at-will,had the employer not said or done something that insinuated the existence of a contract.

To make a case based on a(n)________,the employee must demonstrate that the employer or a representative of the employer promised the employee job security despite the apparent at-will nature of the employment relationship.

Which of the following statements about "the wage and hour provisions of the FLSA" is true?

Petra Voinovich,64,lost her job when the subsidiary she worked for was disbanded by Hypersonic Enterprises,the parent corporation.All of the employees who were laid off were promised preferential treatment for other jobs at Hypersonic.Voinovich applied for over 35 jobs.She was never rehired.The reason given was that she was overqualified.Voinovich believed that she could bring an age discrimination suit under the ADEA.Was she correct? Explain.

Workers at Titan Industries are concerned that employment-at-will can allow Titan to act arbitrarily and without any procedure or progressive discipline when firing workers.Discuss what legal remedies,if any,are available to the workers.

A(n)________ sexual harassment occurs when a ________ requires that his secretary trade sexual favors for a job promotion.