Deck 5: Termination
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Deck 5: Termination
1
An employer may dismiss an employee at will.
True
2
An employer is guilty of wrongful discharge where its motivation for termination is discriminatory.
True
3
The Model Employment Termination Act was designed to permit employers to discharge employees without cause.
False
4
An employee cannot be discharged because of his involvement in politics outside of work.
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5
When a worker is discharged for appearing as a witness in an employment discrimination or harassment suit this is constructive discharge.
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6
The principal exception to termination at-will is public policy.
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7
Retaliatory Discharge occurs when an employee is terminated for blowing the whistle on an employer's illegal activity.
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8
At will means the employer can terminate upon giving proper notice.
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9
In most states, an Employment Handbook is a contract.
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10
When a worker is forced to resign because the employer is making it impossible to perform his/her job this is ________.
A) retaliatory discharge
B) wrongful discharge
C) constructive discharge
D) none
A) retaliatory discharge
B) wrongful discharge
C) constructive discharge
D) none
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11
Retaliatory discharge occurs when a worker is discharged for ________.
A) filing a worker's compensation
B) whistleblowing
C) not performing up to par
D) being a drug addict
E) a&b
A) filing a worker's compensation
B) whistleblowing
C) not performing up to par
D) being a drug addict
E) a&b
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12
Claims for wrongful termination can be filed for ________.
A) downsizing
B) retaliation
C) alcoholism
D) incompetence
E) a&b
A) downsizing
B) retaliation
C) alcoholism
D) incompetence
E) a&b
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13
Exceptions to termination at-will include ________.
A) for cause
B) public policy
C) layoffs
D) a&c
E) all
A) for cause
B) public policy
C) layoffs
D) a&c
E) all
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14
Irving Kaufman, the manager for the Barons singing group, was fired when he demanded more money. By what method was his employment terminated?
A) fulfillment of purpose
B) unfulfilment of purpose
C) mutual agreement
D) revocation of authority
E) none of the above
A) fulfillment of purpose
B) unfulfilment of purpose
C) mutual agreement
D) revocation of authority
E) none of the above
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15
Mark is awaiting the results of his bar exam. He tells Paula that he will continue to employ her as his secretary if he passes the exam. If he fails the exam, the employment relationship has been terminated in what way?
A) fulfillment of purpose
B) operation of law
C) unfulfilled condition
D) revocation of authority
E) it did not terminate
A) fulfillment of purpose
B) operation of law
C) unfulfilled condition
D) revocation of authority
E) it did not terminate
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16
If Herman, a real estate broker, signs an exclusive listing with Otto, a home owner, and before the house is sold it burns to the ground, how did the employment relationship terminate, if it did?
A) operation of law
B) revocation of authority
C) none of the above
A) operation of law
B) revocation of authority
C) none of the above
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17
The one state that does not enforce "employment at will" is
A) NY
B) Cal
C) DC
D) Montana
E) none
A) NY
B) Cal
C) DC
D) Montana
E) none
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18
An employer is guilty of ________ where its motivation for termination is discriminatory.
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19
________ was designed to permit employers to discharge employees only for cause.
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20
________ occurs when the work environment had been so intolerable that the employee is forced to resign.
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