Deck 16: Terminating Individual Employees

Question 1

The legal environment for public employees differs from private sector employment in all of these ways EXCEPT:

A)are covered by civil laws
B)generally enjoy a property interest in their jobs
C)have speech and other substantive constitutional rights
D)are more likely to be unionized

Answer 1

A

Question 2

The Montana Wrongful Discharge from Employment Act (WDEA):

A)requires the arbitration of all wrongful discharge claims
B)prohibits discharges that are not for good cause
C)requires that employers provide due process before discharging employees
D)prohibits employees being terminated from their employment

Answer 2

B

Question 3

An employment manual contains a notice and disclaimer that the employment is entirely "at will," and also contains a progressive discipline system which recites an escalating series of notices and warnings before termination. If an employee is terminated immediately, and the progressive discipline system is not followed:

A)the termination is justified because the manual contains an "employment at will" disclaimer
B)the termination is not subject to legal redress because the manual contains an "employment at will" disclaimer, so the employer had a right to terminate employment without conditions
C)the termination is suspect because the progressive discipline system was not followed
D)the termination is lawful because the employee did something wrong

Answer 3

C

Question 4

An employer's constructive discharge of an employee creates a cause of action for that employee for wrongful discharge.

Question 5

The Pickering Balancing test requires that the court weigh the free speech interests of the employee and public against the government's countervailing interest as an employer to promote workplace efficiency and avoid workplace disruption.

Question 6

Unless an employee has a written contract of employment for a term of years, she can not sue for termination based on contract.

Question 7

Over lunch, a manager at Microsoft says to another manager, "You know, just between you and me, it might not have been the worst thing in the world if the court had ordered the company to break-up. We really are too big." The comment was overheard by another employee at the next table and passed on to higher-level managers. If the manager is fired for making the statement and she sues Microsoft, a court would most likely rule: ​

A)For the employee because she would be covered under whistleblower protection laws
B)For the employee because the company would be violating her First Amendment right of free speech
C)For the employee because her speech constituted protected concerted activity under the National Labor Relations Act
D)For the employer because her statements showed disloyalty to the company, for which she could lawfully be terminated
E)For the employer because she is employed at will and none of the exceptions to employment at will apply in this case

Question 8

Among the factors considered by the courts in determining whether a quit was actually a constructive discharge are all of these EXCEPT: ​

A)demotions
B)reductions in job responsibilities
C)reassignment to greater responsibility
D)badgering
E)reassignment to work under a younger supervisor

Question 9

After a troublesome time with a new manager, an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out, all of her belongings were in boxes, and her office was being used for storage. While she was on vacation, her new supervisor had called, asking where certain documents were located. When he found the employee's answer unsatisfactory, the supervisor said, "Well, this is the last straw." What is the best assessment of this situation?

A)the employee has suffered discrimination
B)the employee has suffered a constructive discharge
C)the employee has quit

Question 10

In Dorshkind v. Oak Park Place of Dubuque II , Dorshkind claimed a wrongful discharge maintaining that her report of the wrongdoing of other employees fell within the public policy exception to employment at will, so that she should not have been terminated from her employment. The court ruled:

A)for the employer, finding that the other employees had not engaged in wrongdoing
B)for the employer, finding that, although the other employees had engaged in wrongdoing, that did not create a public policy exception for Dorshkind
C)for the employee, Dorshkind, because, although there was no public policy exception for reporting the wrongdoing of others in this situation, Dorshkind did not commit any wrongdoing, and so could not be fired
D)for Dorshkind, finding that a public policy exception existed which precluded her firing for reporting the wrongdoing of her coworkers

Question 11

The best description of the current day legal standard of employment for most workplace employees is employment at will.

Question 12

Due process includes all of these EXCEPT:

A)a clear statement of charges by the employer
B)an opportunity for the employee to respond to those charges
C)an investigation into the facts of the case
D)representation by an attorney of the employee's choice

Question 13

A salesperson makes a large sale for which she is entitled to a commission. To avoid making the payment, the employer terminates the employee. The legal claim that best applies to this termination is: ​

A)breach of the covenant of good faith and fair dealing
B)promissory estoppel
C)intentional interference with a contractual relationship
D)implied contract
E)infliction of emotional distress

Question 14

A veteran teacher was told by a school superintendent that he would recommend that the school district not renew her contract at the end of the school year. Rather than contest the recommendation, the school teacher retired. What is the best assessment of this situation?

A)the employee has suffered discrimination
B)the employee has suffered a constructive discharge
C)the employee has quit

Question 15

Which of the following is a circumstance under which the public policy exception to employment at will is NOT recognized?

A)termination for reporting illegal activity
B)termination for refusing committing an illegal act
C)termination for exercising a legal right

Question 16

Which of the following is required for a successful implied contract wrongful discharge claim?

A)a written contract signed by both the employer and the employee
B)a specific oral promise limiting employment at will
C)a clear and prominent written disclaimer
D)the financial situation of the employer has changed

Question 17

Which of the following is generally NOT required to establish just cause for a termination?

A)due process
B)proof that a known rule was violated
C)consistent enforcement of the relevant rule or standard
D)the employee admit to the wrongdoing

Question 18

Regarding the termination of individual employees, it is NOT correct to say that: ​

A)the rights of the employee will depend upon whether she works in the private sector or the public sector
B)employers can effective avoid the legal consequences of termination by effectively (but not officially)discharging employees
C)the rights of the employee will depend upon whether he works in a facility that is unionized
D)the employer must follow the procedure for termination set down in the employee handbook

Question 19

Just cause is required for the discipline or discharge of unionized employees because:

A)the Constitution requires it
B)labor agreements require it
C)the National Labor Relations Act requires it
D)arbitrators prefer the just cause standard to employment at will

Question 20

In a constructive discharge: ​

A)the employer provides feedback on performance problems that will help the employee in a future job
B)a quit is treated as a termination because circumstances forced the employee to leave
C)the employee will be able to sue for the tort of constructive discharge
D)the employee is fired after the employer has built or constructed a prima facie case for the employee's dismissal

Question 21

You are the Director of Human Resources for a medium sized company private company and have discharged Aimee, a 25 year old black at-will employee for poor work, constant tardiness, and taking longer breaks than authorized by company policy.  She is not well liked by her fellow workers and her work is indeed slightly below satisfactory levels. Company files evidence numerous sub-standard reviews and that her conduct persisted despite numerous written warnings.  You are confident that the company has proper cause to terminate Aimee whether she was at-will or not.  When you call her into your office to notify her of her termination, she gets very indignant saying that her work is fine and that she's not the only one late or abusive of break periods.  She then asserts that she's being singled out because of her sex and her race.  She asks about severance pay and you notify her that there will not be any.  Aimee then informs you that she is going to sue the company for wrongful termination based on discrimination and for severance pay.  The company does not want Aimee to work there any more under any circumstances but does not want the cost or publicity that a law suit would bring.  What would you suggest to possibly abate the law suit?

Question 22

You have just been hired as the new HR Director of your firm, and have received a complaint and summons served by the sheriff, relaying the lawsuit filed by a former employee. As you read through the complaint, you can see that the employee himself wrote it (and not a lawyer), but think you recognize what your predecessor did wrong. It was this: ​

A)The employee alleges that he was offered a month's severance pay in exchange for a release of claims against the company.
B)The employee alleges he was never told why he was being fired, and thinks it was because he is Irish. He claims discrimination based on national origin.
C)The employee alleges he was only given 2 hours to clean out his desk, while a security guard watched.
D)The employee alleges he was called into the HR manager's office 4 times over the past 6 months, and given warnings that he was not performing satisfactorily. He alleges that this constitutes harassment.

Question 23

Why is each of the following good legal advice? ​
a. Resignations should be documented in written resignation agreements that stipulate the voluntary nature of the resignation
​b. Terminated employees should be provided with a clear and succinct statement of the reasons for their termination
c. Discipline should be administered in a consistent fashion
d. Unionized employers must communicate any significant changes in rules to employees and their union before enforcing those new rules.
e. Prior to termination, public employers must provide employees with notice of the charges against them, an explanation of the evidence, and an opportunity to respond.
f. Employers should incorporate disclaimers into employee handbooks and other documents defining the employment relationship

Question 24

An employee of a family-owned car dealership suffered an injury while lifting computer equipment on the job. The employee reported the injury to the HR department, and sought worker's compensation benefits. The owner of the car dealership was convinced that the injury was actually incurred in a stockcar accident, and told a supervisor to get the employee to sign a form waiving his right to receive worker's compensation for the injury. The supervisor (a brother of the owner)was told that if he didn't get the employee (who happened also to be his son)to sign the waiver, both of them would be fired. A waiver was never signed, and both employees were terminated. They sued. All of the following are most likely true, EXCEPT:

A)The employee who was injured is exercising a legal right, and may not legally be terminated for doing so, based on the public policy exception to employment at will.
B)The employee who was asked to get a signed release for an on-the-job injury is refusing to perform an illegal act, and may not legally be terminated for doing so, based on the public policy exception to employment at will.
C)The owner of the car dealership is within his rights to try to reduce the costs to his company by any means possible
D)The owner's dinner table this Thanksgiving will likely be missing the owner's brother and nephew.

Question 25

You are the HR Manager for your company. One of your employees has been actively involved in demonstrations at City Hall, protesting the city's refusal to adopt any environmentally-friendly ordinances or practices. While at these protests, he is often wearing a company T-shirt, and you are concerned that news reports of the demonstrations will lead people to conclude that your company is protesting the city's environmental policies, something which your Board of Directors has not authorized. You should:

A)give the employee a "warning," the firs step in your employee handbook's progressive discipline process, warning him that he must stop protesting
B)tell the employee that you do not approve of his conduct, and that it will be taken into account when he comes up for a raise or promotion
C)ask the employee to wear some other shirt while protesting, so that people don't think your company is also protesting
D)terminate the employee

Question 26

This occurs when a party takes action in reliance on the promise of another, who then breaks that promise.

A)promissory estoppel
B)intentional interference with a contractual relationship
C)retaliation for an act supporting public policy
D)constructive discharge