Exam 18: Employment Law

Jim was a mechanic.One day when he attempted to weld a car's gasoline tank,it exploded and he was hurt.He filed to collect workers' compensation.His employer resisted on grounds that Jim had been negligent and had also violated the express regulations of the company when he attempted to weld a gasoline tank.Which statement is correct?

Hanson Corporation is concerned that its employees are spending too much work time talking on the telephone,sending e-mails,and using the Internet for personal uses.Discuss what steps Hanson may legally pursue to protect its interests in productivity.

Sharon fell while making an inspection of a machine at work and in the fall,she broke her arm.Can she collect workers' compensation for the time she had to be away from work as she recovered?

Wanda is a teacher at a public school in New Jersey. At a press conference she complains that standardized tests are generally worthless,and nothing more than an economic scam on the public because the school board appropriates money for tests,pays a grading service,and buys "teaching guides." The school board has an emergency meeting and votes to fire Wanda immediately. What,if true,is Wanda's strongest argument in favor of her reinstatement?

Don works at the local gas station and garage. Don's boss,Betsy,encourages Don to find brake problems with out of state cars that come to the station. Usually Don tells the driver that their brakes are leaking fluid,and offers to replace the brakes at a good price. The cost is low because Don does nothing more than remove the tires and look at the old brake pads. One day a woman with five kids comes to the station and Betsy tells Don to "do a brake job." Don does not want to have five kids running around the station and tells the lady that they are out of gas and to go down the street to the next station. Can Betsy fire Don?

Xavier wants to work at the CIA. Xavier knows there is a federal law,the Employee Polygraph Protection Act,prohibits private employers from imposing or suggesting that employees take polygraph tests. Nonetheless,CIA officials tell Xavier that he must submit to a polygraph test or he cannot be considered for a position at the CIA. What must be true?

Firing an employee for her refusal to violate the law would raise a claim of wrongful discharge.

Alfred is a migrant farm worker. He and his family travel across the nation to harvest crops as various crops ripen. Alfred learned that the Fair Labor Standards Act requires that he and other workers get paid at least $5.15 per hour and overtime pay when they work over 40 hours per week. One employer,Ranch-One farms refuses to pay them the minimum wage. If Alfred sues,who will win?

Under the Electronic Communications Privacy Act an employer may under certain conditions monitor employee's telephone calls and email messages.

When may an employer require an employee to submit to a lie detector test?

Sandy worked for a small printing company.She found a new job that would pay much more.In accordance with company policy,she gave her employer a two-week notice that she would be leaving.Her employer was upset she was quitting,so he terminated her employment immediately.Sandy was upset because she thought she had acted properly by giving her employer two weeks' notice.Her new employer will not be able to employ her for two weeks.Sandy believes her employer has breached the employment agreement and she should be paid for the two weeks between jobs.Is she right? Explain.

It is legal for a private employer to use lie detector tests as part of its usual hiring process.

Megan was employed by a large company.Her supervisor told her to falsify government reports.She refused and was fired.She sued for wrongful discharge.Her employer claimed that,since Megan was an at-will employee,she had no legal right to claim the company was liable for damages.Is the employer right?

Under the federal legislation known as OSHA:

The Fair Labor Standards Act includes the minimum wage laws.

An employee at a large factory tells his employer that he needs to stay home for a week to care for his sick child. Can the employer legally fire him?

Which of the following statements is correct?

Jessica was a former employee of Mark.When potential employers called Mark for a reference about Jessica,he stated she was not a very good worker and had been fired for excessive absences.He said he believed Jessica was on drugs,but he did not know for sure.Jessica learned what Mark was saying and sued him.In most states:

The prohibition against wrongful discharge prohibits an employer from firing a worker for a bad reason.

Some courts have held that employee handbooks create binding contract terms.