Deck 2: Employment Contracts and Wrongful Discharge

Question 1

Common law deals with issues of wrongful discharge.

Answer 1

True

Question 2

A tort is a private or civil wrong or injury that can be caused either intentionally or negligently.

Answer 2

True

Question 3

Individuals found guilty under SOX's criminal provision can be imprisoned up to 15 years.

Answer 3

False

Question 4

Pennsylvania Human Relations Act provides that a person fired on the basis of gender or race discretion has to initially seek redress from the commission created under the Act and not with the court.

Question 5

Section 10 of the Model Employment Termination Act forbids retaliation against employees who make claims or who testify under the procedural provisions of the META.

Question 6

The National Labor Relations Act (NLRA)forbids firing employees for engaging in protected concerted activities.

Question 7

An implied contract is a contract that is made either verbally or in writing.

Question 8

Public policy exception is not a commonly adopted exception to the pure employment-at-will rule .

Question 9

A whistleblower is an employee who reports his or her employer's illegal activities to the appropriate governmental entity.

Question 10

Courts are reluctant to recognize an alternative remedy if the statute itself provides an employee with a cause of action in the form of a lawsuit for:

A)willful misconduct.
B)negligence.
C)wrongful discharge.
D)tort.

Question 11

The freedom of employees to quit the employment relationship is an important issue underlying:

A)the express contract doctrine.
B)the employment-at-will doctrine.
C)in independent employee doctrine.
D)the legal doctrine of an implied employment.

Question 12

If the statute itself provides the employee with a cause of action, the courts are reluctant to recognize an alternative remedy in the form of a lawsuit for wrongful discharge.

Question 13

The doctrine of employment-at-will is narrowed by:

A)The National Labor Relations Act.
B)Title VII.
C)The Age Discrimination in Employment Act.
D)All of these answers.

Question 14

Following Geary v. U.S. Steel (PA Supreme, 1978), the majority of courts applying Geary have required the plaintiff-employee to point to some precise statutory right or duty before ruling the discharge wrongful.

Question 15

The Sarbanes-Oxley Act amended the Employee Retirement Income Security Act (ERISA).

Question 16

The exception under the employment-at-will rule, where the employer cannot fire an employee from employment for exercising a legal right or fulfilling that legal duty created by a statute, is called:

A)court order.
B)administrative action.
C)public policy exception.
D)statutory exception.

Question 17

The drawback under Sarbanes-Oxley Act is criminal provision, which can be used to punish people who provided information to law enforcing agencies relating to the possible commission of any federal offences.

Question 18

The Sarbanes-Oxley Act did not amend the U.S. Criminal Code.

Question 19

Occupational Safety and Health Act (OSHA), does not offer protection to employees who cooperate during investigations or testify at hearings from employer retaliation, such as employment termination.

Question 20

An employee who has not been hired for more than a year can be fired by the employer for any reason or for no reason. This is the doctrine of:

A)self employed.
B)employment-at-will.
C)contractual employed.
D)whistleblowers.

Question 21

An express contract is a contract in which:

A)the terms are explicitly stated.
B)the terms are generally written, but sometimes only verbal.
C)are expressed in great detail.
D)All of these answers.

Question 22

An employee who makes complaints against his or her employer pertaining to fraud and corruption is protected under the provision of:

A)Occupational Discrimination Act.
B)Model Employment Termination Act.
C)Sarbanes-Oxley Act.
D)Wage Act.

Question 23

Steven is the Executive Director at a telecom company in Texas. He regularly misappropriated company funds that belonged to the employee benefit plan and several clients. Robert, his corporate secretary was aware of his superior's illegal activities. He brought this to the attention of law enforcing agencies. What is Robert's role in the above scenario?

A)Spokesperson
B)Whistleblower
C)Gatekeeper
D)Outworker

Question 24

If a company provides its employees with a personnel handbook, and that handbook says that employees will be fired only for certain enumerated infractions of work rules, a worker may later argue that the manual formed a(n)________ with the firm.

A)implied contract.
B)breached contract.
C)express contract.
D)None of these answers.

Question 25

Many federal and state statutes seek to protect whistleblowers from the employer's retaliation by declaring such retaliation as:

A)illegal practices.
B)defenses.
C)legal rights.
D)improper conduct.

Question 26

Identify the case in which the Supreme Court upheld the dismissal of a lawsuit brought by a salesman who was fired for refusing to sell what he insisted to management was an unsafe product?

A)Knox v. Board of School Directors of Susquenita School District
B)Geary v. United State Steel Corporation
C)Asmus v. Pacific Bell
D)Marcus v. KFG Employment Services, Inc.

Question 27

A private or civil wrong or injury caused by one party to another, either intentionally or negligently is a(n):

A)breach of contract.
B)criminal act.
C)tort.
D)act of god.

Question 28

Linda was employed with General Mills in Minnesota for over three years. She was a highly productive employee and was known as the star performer on her team. Due to the economic recession the company had to lay off a large number of employees, and she was one of the employees who was asked to leave without being provided good cause or an explanation. In this scenario, Linda is protected under Section 3(a)of META which says that an:

A)employee can be fired without any reason.
B)employee may not be terminated without good cause.
C)employee can be terminated in financial crises.
D)employee may not be terminated with good cause.

Question 29

In jurisdictions or circumstances in which no federal or state antiretaliation rule is implicated, the courts often have shown themselves willing to carve out a(n)________ to employment-at-will.

A)implied exception.
B)express exception.
C)public policy exception.
D)None of these answers.

Question 30

Section 3(a)of the Model Employment Termination Act (META)protects employees from wrongful termination from employment and states that:

A)an employer may not terminate employment of an employee without good cause.
B)an employer can terminate employment of an employee with perverse reason.
C)an employer cannot terminate an employee without government consent.
D)an employer may not terminate an employee from work without court order.

Question 31

Which act makes it a crime to "knowingly, with the intent to retaliate, take . . . any action harmful to any person, including interference with lawful employment or livelihood of any person, for providing a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense"?

A)the Equal wage Act.
B)the Civil Procedure Act.
C)the Gender Discrimination Act.
D)the Sarbanes-Oxley Act.

Question 32

Some employees have express contracts of employment, usually for a definite duration. Others fall within the coverage of a(n)______ negotiated for them by their union.

A)collective bargaining agreement
B)employment bargaining agreement
C)cooperative bargaining agreement
D)negotiable agreement

Question 33

Robert is a respected member of the Santa Clara community and works with a local architectural firm. He was selected by the court to perform jury duty on a case. The case went on for several days and caused Robert to miss work for the entire duration. Upon his return, he discovered that his team member had replaced him and his services were abruptly terminated. In this scenario Robert can challenge his termination under:

A)the public policy exception.
B)Title VII.
C)the National Labor Relation Act.
D)the U.S. Constitution.

Question 34

Which act was passed by Congress in 2002 and signed by the president for the protection of whistleblowers?

A)Sarbanes-Oxley Act
B)National Labor Relation Board
C)Occupational Safety and Health Act
D)Wage Act

Question 35

The provision of Uniform Employment Termination Act deals with protection of employees from:

A)misdemeanors.
B)wrongful discharge.
C)government order.
D)court order.

Question 36

Muriel is the owner of a garment factory in New York City. Ten months back she hired 20 employees to work in his factory, but due to the economic downturn she decided to let go of the new hires in order to save her business. All 20 employees were fired and no explanation was provided. This action is perfectly legal and covered by the doctrine of:

A)implied contract.
B)good faith and fair dealing.
C)employment-at-will.
D)necessity.

Question 37

Employees of public companies are protected from retaliation for engaging in certain whistleblowing activities under:

A)the Occupational Safety and Health Act.
B)the Workers' Compensation Act.
C)the National Labor Relations Act.
D)the Sarbanes-Oxley Act.

Question 38

Kelly was an employee of a retail outlet. Although the nature of the work and duties performed by both male and female workers were comparable, the remuneration paid to male workers was significantly higher compared to the female employees. When Kelly brought this to the attention of the management and objected to the difference in pay, her services were terminated without good cause. Under which law can she challenge her termination?

A)Sarbanes-Oxley Act
B)National Labor Relation Board
C)Occupational Safety and Health Act
D)Model Employment Termination Act

Question 39

In Pennsylvania, if an employee is fired on the basis of gender or race discrimination, then State law remedy is provided under the Pennsylvania:

A)Occupational Discrimination Act.
B)Human Relations Act.
C)Labor Relations Act.
D)Gender and Race Discrimination Act.

Question 40

Contracts that courts infer from company policies and the behavior of the parties are known as:

A)implied contract.
B)void contract.
C)express contract.
D)voidable contract.

Question 41

Advocates of employment-at-will point out that:

A)employees can use bargaining power to attempt to demand an employment contract covering a specific term.
B)the employee is free to sever employment at any time.
C)Both of these answers.
D)None of these answers.

Question 42

What is SOX?

Question 43

What is a tort?

Question 44

What are the two most common types of contracts?

Question 45

SOX protects employees of:

A)private companies.
B)publicly traded companies.
C)Both of these answers.
D)None of these answers.

Question 46

Unions provide employees:

A)increased bargaining power.
B)decreased bargaining power.
C)a pay raise.
D)None of these answers.

Question 47

Explain the meaning of the term whistleblower.

Question 48

Identify two Acts that protect whistleblowers from employer retaliation.

Question 49

What is META? Explain the importance of Section 3(a)of META.

Question 50

What is employment-at-will?

Question 51

Adam was an employee of ABC Corporation and he discovered the management was hiring illegal immigrants in most of its factories. He raised objection against the employer's practices and provided information to the law enforcing agencies regarding the illegal activities. The employer retaliated against Adam by terminating his employment. In this scenario, Adam is protected under:

A)Pennsylvania Human Relations Act, which prohibits employee retaliation.
B)Section 203 and Section 806 of the Sarbanes-Oxley Act for illegal strikes.
C)OSHA and Title VII, which protect employees who blow the whistle on illegal practice.
D)Section 203 of Title VII for breach of contract.

Question 52

SOX amended which act or acts when it was passed?

A)The Securities and Exchange Acts of 1933 and 1934.
B)The Employee Retirement Income Security Act.
C)The Investment Advisers Act of 1940.
D)All of these answers.

Question 53

What does Title VII of the NRLA deal with?

Question 54

Brandy and Matthew are neighbors and live in Texas. Matthew was renovating his house, which caused dust and debris to collect in Brandy's front yard. Unfortunately her son was highly allergic to these particulates and fell grievously ill. In this case, Matthew violates:

A)the U.S. Constitution.
B)the Labor Act.
C)tort laws.
D)breach of trust.

Question 55

Peter, an employee of Light Ware was terminated from his job without wages and benefits for a period of three months. This was in violation of META. Under META his claim is subject to:

A)Court.
B)Administration.
C)Employer.
D)Arbitration.

Question 56

A tort is:

A)an agreement that both an employee and an employer are free to terminate the relationship at any time and for any legally permissible reason.
B)an employee who reports employer wrongdoing.
C)a private or civil wrong or injury, caused either intentionally or negligently.
D)None of these answers.

Question 57

What is the exception under employment-at-will?

Question 58

Lionel, an African American resident of Pennsylvania was employed in a garment factory. He had a public fallout with his white male co-worker, Tom. Following this, Lionel was fired from his job while Tom was let off with a warning. Lionel contended that he was fired because of his race. In this scenario, Lionel is most likely to file his case under:

A)the Gender Discrimination Act.
B)tort laws.
C)the Labor Act.
D)the Pennsylvania Human Relations Act.

Question 59

Watson, a Director of a telecom company in Florida, entered into a written contract with Carter Telecon. The contract outlined the services his company would provide in exchange for a fixed monthly rate. This is an example of:

A)an implied contract.
B)an express contract.
C)a specification of contract.
D)a breach of contract.

Question 60

When did the employment-at-will doctrine become the norm in American common law?

Question 61

What are the protections for corporate whistleblowers under law?

Question 62

Define the doctrine of employment-at-will. Explain its exceptions.

Question 63

Describe the Model Employment Termination Act.

Question 64

What is a contract? Explain the differences between express and implied contracts.

Question 65

Define a whistleblower and describe the protection offered to whistleblower employees.