Deck 3: Whistleblowing: Conflicting Loyalties

Question 1

Which of the following is true regarding the free speech rights of government employees?

A)When a citizen enters government service, the citizen maintains complete freedom to speak as they wish.
B)When a citizen enters government service, the citizen forfeits their right to free speech.
C)Public employees have First Amendment protection when they speak out on matters of public concern, but not when they speak out in the course of their official duties.
D)First Amendment protection for public employees has a chilling effect on the speech of all potential whistleblowers.

Answer 1

C

Question 2

The federal False Claims Act can be beneficial for both the government and whistleblowers because both can benefit financially from successful qui tam lawsuits.​

Answer 2

True

Question 3

What legal standard is used to evaluate whether a state law that restricts content-based speech violates the right to free speech?

A)The law must be narrowly tailored to promote a compelling government interest.
B)The law must have a rational relationship to a government interest.
C)No law passed by a state can restrict content-based speech.
D)The law must have a sound policy justification.

Answer 3

A

Question 4

What is an Ag-Gag law?

A)A law that prevents companies in the agriculture industry from advertising their products.
B)A law that attempts to prevent videotaping and recording inside agricultural facilities.
C)A law that protects the free speech rights of journalists who investigate the agriculture industry.
D)A law that punishes agricultural companies that fire whistleblowing employees.

Question 5

The Food Safety Modernization Act:
I) offers some protections for whistleblowers
II) covers vegetables, seafood and dairy
III) covers eggs and poultry
IV) gives the FDA power to make mandatory recalls

A)I and II only
B)I, III and IV only
C)I, II and IV only
D)I, II, III, IV

Question 6

To determine whether a public employee receives First Amendment protection for her speech (and therefore cannot be fired for it),the Supreme Court has said all of the following except:

A)The speech cannot cause substantial interference with the workplace.
B)The speech cannot be about political topics.
C)The speech must be about an issue of public concern.
D)The speech cannot be made in the course of employment.

Question 7

Explain why a company would want to develop an effective internal whistleblowing system.​

Question 8

Harold worked as an assistant store manager for a major retail company in Montana. Normally,the company relies on him to work forty hours a week,but last month,he was called for jury duty and was selected to serve on a jury for a trial that lasted three weeks. His boss told him to make up an excuse for why he could not serve on the jury so he did not have to miss work. Harold refused to lie and,when he finished jury duty and returned to work,he was informed that he no longer had a job. Another employee that filled in for him in the role of assistant store manager was given his job permanently. Explain whether this violates Montana's Wrongful Discharge from Employment Act.​

Question 9

Explain how the Supreme Court has developed the law regarding the free speech rights of public employees.​

Question 10

In additional to whistleblowing,explain at least two other exceptions to at-will employment.​

Question 11

The general rule of at-will employment does not apply to which of the following?
I) Those involved in union organizing
II) Those who report financial misconduct in publicly traded companies
III) Whistleblowers
IV) Those who are fired because of their membership in a protected class

A)I only
B)II only
C)III only
D)I, II, III, and IV

Question 12

Select the best definition of whistleblower:

A)A company that uses ethical analysis to discover internal wrongdoing.
B)Originated from the Latin"qui tam pro domino rege quam pro sic ipso in hoc parte sequitur"meaning "who as well for the king as for himself sues in this matter."
C)The only exception to the general rule of at-will employment
D)People who report unethical or illegal activities that are often under the control of their employers

Question 13

Under the legal doctrine of "employment-at-will" an employee can be lawfully terminated from her job for:
I) wearing a shirt that clashes with her suit
II) The employer's need to cut costs
III) complaining about illegal activity in the workplace
IV) only for good cause

A)I only
B)II only
C)I and II
D)III and IV

Question 14

Explain why the plaintiff in Sullivan v.Harnisch was distinguishable from the plaintiff in Weider v.Skala,according to the Court of Appeals of New York?​

Question 15

Frank was working as an administrative assistant in the Pentagon. One day,his supervisor stopped at his desk and told Frank that the work he had been doing lately has been filled with mistakes and sloppiness. Frank responded by saying,"You are a fascist,just like everyone else who works here!" If Frank was fired and he claimed his free speech rights were violated,the federal government could successfully argue that his speech would not be protected by the First Amendment.Which of the following reasons would not support the government's argument.

A)His statement was made within the scope of his employment.
B)His statement did not address an issue of public concern.
C)His statement was disruptive to the workplace.
D)Frank was a government employee.