Exam 17: Downsizing and Post Termination Issues

A 52 year old employee with 34 years on the job was downsized during a RIF. On a new performance scale prepared for the RIF, the one item at which she excelled was eliminated, and she scored badly, compared to a younger worker with less experience. The younger worker was retained. Earlier that same year, the supervisor of the 52 year old had rated her as "doing a great job." She sued under the ADEA. On a Motion for Summary Judgment, what should the court decide?

Legal issues concerning downsizing include all of these EXCEPT:

The firm for which you have worked for 6 years has filed for Chapter 11 bankruptcy. What this means to you is:

Which of the following is NOT a type of restrictive covenant?

Regarding restrictive covenants, which of the following statements is NOT correct?

Which of the following laws has the most exacting requirements for a valid separation agreement?  ​

With regard to unemployment insurance, which of the following statements is true? ​

To be eligible for unemployment insurance:

A 55 year old supervisor who has always received good performance appraisals is downsized. Two younger (42 and 45 year old)supervisors from the same department, whose performance had been rated lower, were nonetheless retained.  The employer says that it had to save money and that the older supervisor earned considerably more money (he did).  If the termination is legally challenged, a court would most likely decide: ​

Which of the following employees is most likely eligible for unemployment insurance?

Why is each of the following good legal advice? a.Before outsourcing or relocating work to another plant, unionized employers must negotiate with their employees' unions b.Employers should have clear, objective criteria for deciding which employees to downsize c.Whenever possible, employers should offer employees selected for downsizing the opportunity to transfer to other facilities. d.Employers should be careful when executing waivers of legal claims in exchange for early retirement offers.

Under the WARN Act:

Which of the following is NOT true of a trade secret?

If an employer files for Chapter 11 bankruptcy, employees are in a better position than they would have been under other forms of bankruptcy.

Because of the worsening economic situation, your firm needs to drastically cut back, and downsize up to 40% of its workers. The firm has a reputation and tradition of being a firm that rewards the good skills and loyalty of its workers, and many have been with your firm for more than 30 years. The firm has been in your family for more than 100 years, and you are the 3^rd generation CEO. Frankly, what would help the most is to lay off all of those workers who are earning in excess of $80,000/year, retaining those who are earning between $40,000 and $50,000/year. That would reduce your overhead dramatically (and your health insurance costs). But almost all of the workers who earn in excess of $80,000 are age 50 or over, and unlikely to ever find comparable jobs elsewhere. Which of the following options would be consistent with your firm's core values and its long-term survival? ​

Changes in benefit plans are under "serious consideration" when:

Non-competition agreements:

An employer decides to downsize to cut costs. It plans to eliminate 100 jobs out of 250 total jobs. The employer notifies the employees' union representative on May 15.  The layoffs will be effective May 30. If the employer's action is legally challenged, a court would most likely decide:

Downsizing should not be discriminatory, but the chief concern is age discrimination.

An employee was part of a RIF if he is replaced afterwards.