QUESTION 1
1. As area manager, Harriet supervised the operations of about forty retail stores in the metro area. Her problems started when her boss told her that she was not performing well, and that she needed to ‘shape up’ to keep her job. Harriet prepared a list of things she was going to do to improve her effectiveness on the job and got the boss to OK those actions. A month later, her supervisor told Harriet that she was reassigned to one of her retail stores, to reacquaint herself with the front line. The store to which she was assigned was the farthest away, 53 miles from the corporate offices, and required a two hour one-way drive to get there. To make matters worse, her duties at the corporate offices were reassigned to another person, who removed her property from the office and put in his own desk, etc. At the first staff meeting after the changes, the CEO said that he was glad that ‘we finally have someone who knows what is going on’ in the job that is regularly Harriet’s.
At that point, Harriet decided to quit her job because she felt she could see that she was going to be fired. Now Harriet is thinking about possible legal action she can take, and wonders if she can sue for wrongful discharge. Which of the following is most correct?
A.
Harriet will not be able to bring a claim of ‘wrongful discharge’ based on the facts above.
B.
Harriet can bring a claim of ‘wrongful discharge’ based on the facts above, but it will be thrown out by the court because she resigned, she was not discharged.
C.
Harriet will not be able to bring a claim of ‘wrongful discharge’ based on the facts above unless the court finds that a reasonable person would have felt compelled to quit.
D.
Under the doctrine of “Employment at Will”, Harriet will win a claim of ‘wrongful discharge’ based on the facts above because she has been treated so badly.
QUESTION 2
1. If a private sector non-unionized employee is fired and claims this was a wrongful discharge, which of the following best describes the burden of proof?
A.
The employee bears the burden of showing that his or her discharge was for an illegal reason prohibited by law.
B.
The employer bears the burden of showing that the discharge was for a legal reason permitted by law.
C.
The employee bears the burden of showing that his or her discharge was for an illegal reason prohibited by law, and the employer bears the burden of showing that the discharge was for a legal reason permitted by law.
D.
Neither party bears a burden of proving anything under employment at will.
QUESTION 3
1. Abigail was hired by Basic Overnight Selection Systems (BOSS) as a senior software engineer. During her orientation to the company, she was given a company employment manual that stated the following: “Upon completion of at least thirty years of employment and at a minimum age of 62, you will be eligible for an annual pension that is calculated as one percent of your highest straight-time salary for each year of employment. Thus, if your highest salary is $100,000 per year, and you work 34 years, you’ll receive a pension of $34,000 per year upon retirement.” It also said that “You can be discharged for serious offenses, including intentionally or recklessly damaging company property, causing injury to other people, or for theft.
Four years into the job, Abigail was discharged during an I.T. department reorganization. Abigail filed suit for wrongful discharge, asserting that the handbook provision about the retirement pension, coupled with the statement about the offenses for which she could be fired, constituted an employment contract that was breached by her employer when she was fired during the reorganization.
Which of the following is most correct?
A.
Abigail cannot be discharged except for the reasons that are listed in the employee handbook. (damage to property, injury to another, theft)
B.
Abigail can be discharged despite the wording in the employee handbook, so long as the wording is determined to have implied a contractual restriction on employment at will
C.
Abigail can be discharged despite the wording in the employee handbook, so long as the wording is determined to not have implied a contractual restriction on employment at will
D.
Abigail can be discharged despite the wording in the employee handbook.
QUESTION 4
1. Amanda, one of Abigail’s fellow workers at BOSS, was surprised to learn that her department’s schedule was changed from a standard 8 a.m. to 5 p.m. day, with an hour for lunch, to a work day that began at 8 a.m. and ended at 6 p.m., and that included a two-hour lunch. BOSS was located in the far suburbs, and there was little Amanda could do during the two-hour lunch period. What especially upset Amanda was the realization that when she got off work at 6 p.m. and drove 30 minutes to pick up her child at day care, she would be at least an hour late for daycare and would have to pay a very costly penalty. There were no day care facilities closer to the job, so Amanda had little recourse. She raised this concern to her supervisor, and when she was told that the new schedules were going to remain 8-6 with a two-hour lunch, Amanda began a campaign to pressure BOSS to change that schedule back. She wrote letters to the local newspaper, and called a local TV station.
When Amanda’s employer learned of Amanda’s actions, it discharged her under Employment at Will (EAW). Amanda filed suit for wrongful discharge, claiming that this was a public policy exception to EAW because it constrained her Constitutional First Amendment right to Freedom of Speech. Which of the following is most correct?
A.
Amanda will not win her lawsuit for wrongful discharge.
B.
Amanda will not win her lawsuit for wrongful discharge unless the court decides that Amanda had legal standing to bring the case.
C.
Amanda will win her lawsuit for wrongful discharge unless the court decides that BOSS had legitimate business necessity for changing the schedule.
D.
Amanda will win her lawsuit for wrongful discharge.
QUESTION 5
1. Chris was a software engineer for a Jacksonville employer, and a member of the Florida National Guard. Chris was called up and deployed, and then returned to the job after a 14-month absence. During Chris’ absence, the business climate had become worse, and the business had discharged about 10% of the workforce. Chris returned in May, and everything was fine until Chris received a notice of discharge in December, effective December 31. No reason was given for the discharge, with the employer simply informing Chris of the termination under Employment at Will.
Chris contested the discharge, saying that under USERRA, a returning service member who has been absent for a year or more cannot be discharged without cause for a period of one year after resuming employment.
Which of the following is most correct?
A.
Chris cannot be discharged without cause for a period of one year after resuming the job.
B.
Chris can only be discharged for cause during the first year of reemployment.
C.
Neither of the above are true.
D.
Both of the above are true.
QUESTION 6
1. Wilma was discharged for repeated use of profanity in the workplace, while her fellow employee Bob had done about the same amount of cursing and had incurred no discipline. Wilma asserted that she was discriminated against based on her gender – that she was held to a harsher standard than Bob because she was a woman. Which of the following is not important in establishing Bob as a similarly situated comparator in the case?
A.
That she and Bob have the same supervisor
B.
That she and Bob are different genders
C.
That she and Bob work in the same office and work environment.
D.
That she and Bob have the same work duties.
QUESTION 7
1. Lincoln arrived for work early and parked his Toyota in the empty spot in the employee parking lot at the local Honda dealership, Sue Barrew Honda. It was the spot closest to the employee entry door. His supervisor, Ford, often parked in that spot although it was not designated “Supervisor Parking Only” or anything like that. When Ford arrived later, he saw that Lincoln’s Toyota was parked there. He came in, found Lincoln in the break room, and said, “Linc, you are fired.” Ford gave no reason. Lincoln packed up his stuff and walked the short distance to the best parking spot, then drove home to Pontiac Michigan.
Lincoln is considering suing Sue Barrew Honda for wrongful discharge and wants to know if he has a basis that would allow him to win a suit. Which of the following is most correct?
A.
Lincoln will prevail, should he sue Sue Barrew Honda, because he was discharged by Ford without just cause.
B.
Lincoln will prevail, should he sue Sue Barrew Honda, because he was discharged by Ford without just cause or due process.
C.
Lincoln will not prevail if he decides to sue Sue Barrew Honda unless his discharge violates a union contract or individual contract.
D.
Sue Barrew will prevail.
QUESTION 8
1. At a conference of Human Resource executives, there was a debate about whether government employees were treated better than their private sector employee counterparts. One person pointed out that while most private sector employers can discharge an employee without any requirement for due process, states seem to grant every state employee rights that include notice of charges against them and the evidence that supports the charges, and an opportunity to present their side of the story. “This elaborate process that is so different than we see in the private sector demonstrates that the government needlessly invokes expensive processes for employees – much more than the private sector. It’s a waste of taxpayer money!”
Which of the following statements is most correct?
A.
State employees can demand rights such as notice of charges and evidence, and the right to tell their side of the story because they typically perform jobs that are not duplicated elsewhere, such as court operations, fire and rescue, and police protection. This gives them a monopoly that would cause significant problems if the state employees went on strike.
B.
State employees can demand rights such as notice of charges and evidence, and the right to tell their side of the story because the U.S. Constitution requires states to provide ‘due process’ to state employees although it is not required for private sector employees.
C.
Because state employees don’t have competitors, state government managers have no incentive to keep labor costs under control, and those managers agree more easily than their private sector counterparts would.
D.
State employees are granted more rights because political appointees who run the state government departments are willing to trade job concessions for loyalty and support during elections.
QUESTION 9
1. Tish works for Acme Call Centers, Inc., which employs 120 full-time workers. One day, the supervisor calls a meeting and announces that 55 workers will be discharged because of a reduction in clients who use the call center. The employees are instructed that they will be allowed to finish out the week, and the discharge will be effective at that time. Tish is one of the 55 who are selected for discharge, and she files a complaint about this sudden reduction in the workforce. Has the employer violated any employment laws?
A.
The employer has not violated any employment laws based on the information given.
B.
By only giving the employees pay until the end of the week, the employer has not provided two weeks notice to the employees. The employer will be liable for pay for two weeks from the time of the notice of discharge.
C.
The employer is prohibited from conducting the layoff until the end of a 60-day period after written notice to the affected employees.
D.
The employer is prohibited from conducting this layoff until the expiration of a 60-day period after the Department of Labor has certified the economic necessity of laying off this number of employees, or 60 days after notice to the employees affected, whichever is longer.
QUESTION 10
1. Unemployment compensation is awarded to employees who are discharged, unless the employee was…
A.
… discharged for intentional serious misconduct.
B.
… discharged for unsatisfactory performance.
C.
… discharged for either intentional serious misconduct or for unsatisfactory performance.
D.
… a management employee.
