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Employment And Labor Law, 9th Edition Test Bank

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    Chapter 01 First the Forest Then the Trees An Overview of Employment and Labor Law TRUEFALSE 1. Early court cases concluded that labor organizations were criminal conspiracies. (A) True (B) False Answer : (A) 2. Federal legislation such as the Federal Employers Liability Act (1908) and the Railway Labor Act (1926) allowed for alternative methods for dispute resolution, first in the railroad, and later in the airline industry. (A) True (B) False Answer : (A) 3. John L. Lewis, president of the United Mine Workers, abided by the "gentlemen's agreement" during World War II. (A) True (B) False Answer : (B) 4. The Taft-Hartley Act was a federal statute, which enacted unfair labor practices for which unions might be charged or punished. (A) True (B) False Answer : (A) 5. The new laws and common-law legal theories have often supplanted labor unions as the main source of legal protection for American workers. (A) True (B) False

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    Answer : (A) 6. In the case of Gilmer v. Interstate/Johnson Lane Corporation, NYSE Rule 347 provided for arbitration in matters that only dealt with the termination of employment. (A) True (B) False Answer : (B) 7. The Employee Retirement Income Security Act (ERISA) is intended to protect only disabled workers who are still too young to retire. (A) True (B) False Answer : (B) 8. National statutes do not require private employers to provide their employees with either health insurance or a pension plan. (A) True (B) False Answer : (A) 9. Following WWII, Big Business, Big Labor, and Big Government did not team up to help prevent the economic decline. (A) True (B) False Answer : (B) 10. The Black Death, a plague that first decimated Europe s population in the mid-14 th century, actually benefited those workers who survived. (A) True (B) False Answer : (A) 11. The Industrial Revolution in 19 th century England and America witnessed the rise of the

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    employment-at-will doctrine in the common law. (A) True (B) False Answer : (A) 12. Common law includes statutes and ordinances enacted by legislative bodies. (A) True (B) False Answer : (B) 13. The Patient Protection and Affordable Care Act, commonly called Obamacare after the president during whose term it was enacted, dramatically revised the American healthcare system. (A) True (B) False Answer : (A) 14. Occasionally, statutory protections and terms of collective bargaining agreements conflict. (A) True (B) False Answer : (A) MULTICHOICE 15. A situation wherein either the employer or the worker could terminate their relationship at any time for any reason is known as: (A) common law. (B) employment-at-will. (C) willful misconduct. (D) employer's liability act. Answer : (B)

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    16. The act which sets the ground rules for the give and take between labor unions and corporate managers is the: (A) Social Security Act (1935). (B) Walsh-Healy Act (1936). (C) Fair Labor Standards Act (1938). (D) National Labor Relations Act (1935). Answer : (D) 17. The first of several statutes to set the terms and conditions of employment to be provided by government contractors is known as the: (A) Merchant Marine (Jones) Act (1936). (B) Fair Labor Standards Act (1938). (C) Walsh-Healy Act (1936). (D) Social Security Act (1935). Answer : (C) 18. The Fair Labor Standards Act (1938): (A) establishes the rules of give and take between labor unions and corporate managers. (B) sets employment conditions for government contractors. (C) sets minimum wages, mandates overtime pay, and regulates child labor. (D) allows the termination of employment relationship at any time and for any reason. Answer : (C) 19. Which Act provides remedies for injured sailors? (A) Marine Labor Standards Act (1938) (B) Merchant Marine (Jones) Act (1936) (C) Navy Labor Relations Act (1935) (D) Social Security Act (1935) Answer : (B) 20. There should be set rules if there is a give and take policy between a labor union and corporate

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    managers. The Act which provides these rules is the: (A) Social Security Act. (B) National Labor Relations Act. (C) Walsh-Healey Act. (D) Fair Labor Standards Act. Answer : (B) 21. David hired John as an assistant in his art studio. After two months David discharged John from his position due to John's bad quality of work. Under which doctrine can we say David discharged John? (A) Title VII (B) Employment-at-will (C) The Social Security Act (D) Willful misconduct Answer : (B) 22. The integration of national economies into a worldwide economy, due to trade, investment, and migration and information technology is known as: (A) globalization. (B) perennial revolution. (C) amalgamation. (D) assimilation. Answer : (A) 23. If Harry is acting as a neutral adjudicator in a settlement between James and Paul, then the settlement can be considered a(n): (A) whistleblowing practice. (B) arbitration. (C) election of remedies. (D) writ of certiorari. Answer : (B)

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    24. A litigant's choice of solutions for a perceived wrong can be employed as a(n): (A) choice of cause. (B) writ of certiorari. (C) election of remedies. (D) arbitration. Answer : (C) 25. Under Title VII, an employee alleging illegal discrimination has the right to file a complaint with the: (A) Equal Employment Opportunity Commission (EEOC). (B) American Federation of Labor/Congress of Industrial Organizations (AFL-CIO). (C) National Labor Relations Board. (D) Election of remedies. Answer : (A) 26. In Alexander v. Gardner-Denver Company case, the court found that the election of remedies was: (A) applicable. (B) applicable to an extent. (C) irrelevant. (D) inapplicable. Answer : (D) 27. Employment discrimination based on race, sex, religion, and such other groups is considered to be illegal under: (A) Fair Labor Standards Act. (B) Title VII of the Civil Rights Act. (C) National Labor Relations Act. (D) Social Security Act. Answer : (B)

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    28. A plaintiff has a choice between money damages and a court order of restitution for a perceived wrong. Which is the best remedy the plaintiff can use? (A) Plaintiff may exercise an election of remedies. (B) Plaintiff may appeal for a writ of certiorari. (C) Plaintiff may take the matter to arbitration. (D) Plaintiff may seek remedy for whistleblowers. Answer : (A) 29. Elvera, an employee working in a bistro, resigned her job since her supervisor overtly suggested sexual favors in exchange for better pay, and threatened to fire her if she did not comply. She filed a charge with Equal Employment Opportunity Commission (EEOC) against her supervisor and the organization for sexual harassment. Under what law can she file a suit? (A) Title VII of the Civil Rights Act (B) The Social Security Act (C) The Fair Labor Act (D) Employee Free Choice Act Answer : (A) 30. Butler was an employee at Auto, an automobile assembling plant. The plant hired a large number of male and female employees but provided deplorable working conditions including unhygienic restrooms and poor ventilation. Despite several complaints and requests, the plant manager did not make any changes. Butler decided to bring this to the attention of the local government authorities through an official complaint. In the above scenario, Butler's role can be described as: (A) willful misconduct. (B) insubordination. (C) whistleblowing. (D) contributory negligence. Answer : (C) 31. An employee who informs the wrong doing of an employer to a government agency is called: (A) espionage. (B) conductor.

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    (C) whistleblower. (D) opportunist. Answer : (C) 32. In Gilmer v. Interstate/Johnson Lane Corporation case, Gilmer filed a charge with EEOC and brought suit in the District Court, alleging that he had been discharged in the violation of the: (A) Social Security Act (1935). (B) National Labor Relations Act (1935). (C) Civil Rights Act (1964). (D) Age Discrimination in Employment Act of (1967). Answer : (D) 33. If Peter is engaged in illegal activities as part of an organized criminal outfit, the law designed to criminally penalize Peter is the: (A) Employee Retirement Income Security Act (ERISA). (B) Worker Adjustment and Retraining (WARN) Act. (C) Federal Occupational Safety and Health Act (OSHA). (D) Racketeer Influenced and Corrupt Organizations Act (RICO). Answer : (D) 34. In the Alexander v. Gardner-Denver Company case, the Supreme Court established a critical distinction between: (A) unemployment compensation and disability compensation. (B) social security benefits and workers' compensation. (C) individual and collective employee rights. (D) collective and separate employee rights. Answer : (C) 35. Employees who report or attempt to report employer wrongdoing or actions threatening public health or safety to government authorities are called: (A) witnesses.

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    (B) whistleblowers. (C) good Samaritans. (D) None of these answers. Answer : (B) 36. The Act which is aimed at letting employees know when a plant closing or mass layoff is in the offing is the: (A) Employee Retirement Income Security Act (ERISA). (B) Family and Medical Leave Act (FMLA). (C) Worker Adjustment and Retraining (WARN) Acts. (D) Federal Occupational Safety and Health Act (OSHA). Answer : (C) 37. In the West Coast Hotel Company v. Parrish case, the court found that: (A) the requirement of a fair minimum wage designed so the woman can meet the "very necessities of existence" is a means of protection. (B) it is not in the public interest to safeguard women's health and protect them from unscrupulous employers. (C) the protection of women is not a legitimate end of the exercise of state power. (D) All of these answers. Answer : (A) 38. President Roosevelt threatened to increase the number of Justices on the Supreme Court, if the Court did not change its view of: (A) employment protection legislation. (B) employer protection legislation. (C) health-insurance reform. (D) family and medical leave legislation. Answer : (A) 39. New Deal Legislation passed at the urging of:

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    (A) the Supreme Court of the United States. (B) Franklin D. Roosevelt. (C) Herbert Hoover. (D) Harry S. Truman. Answer : (B) 40. To solve the problems of high cost and limited coverage of the US health insurance system, the Obama Administration and Congress have concentrated on: (A) Civil Rights Act. (B) Employee Free Choice Act. (C) Health Insurance Reform. (D) The federal Occupational Safety and Health Act (OSHA). Answer : (C) 41. After the November 2010 elections, the switch from liberal Democrats to conservative Republicans in power saw several states move toward ending: (A) collective bargaining by public employees. (B) the Employee Free Choice Act. (C) the Worker Adjustment and Retraining (WARN) Acts. (D) the Workers' compensation Act. Answer : (A) 42. Which case decided if an arbitration clause can cut off employees' collective access to the rights and remedies of the National Labor Relations Act? (A) Gilmer v. Interstate/Johnson Lane Corporation (B) In Re D.R. Horton, Inc. (C) West Coast Hotel Company v. Parrish (D) Alexander v. Gardner-Denver Company Answer : (B) 43. The Social Security Act (1935):

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    (A) sets the ground rules for the give and take between labor unions and corporate managers. (B) provides modest pensions to retired workers. (C) sets the terms and conditions of employment to be provided by government contractors. (D) provides remedies for injured sailors. Answer : (B) 44. The Fair Labor Standards Act (1938): (A) sets the ground rules for the give and take between labor unions and corporate managers. (B) provides modest pensions to retired workers. (C) sets the terms and conditions of employment to be provided by government contractors. (D) sets minimum wages, mandates overtime pay, and regulates child labor. Answer : (D) 45. The National Labor Relations Act (1935): (A) sets the ground rules for the give and take between labor unions and corporate managers. (B) provides modest pensions to retired workers. (C) sets the terms and conditions of employment to be provided by government contractors. (D) sets minimum wages, mandates overtime pay, and regulates child labor. Answer : (A) 46. The Walsh-Healy Act (1936): (A) sets the ground rules for the give and take between labor unions and corporate managers. (B) provides modest pensions to retired workers. (C) sets the terms and conditions of employment to be provided by government contractors. (D) sets minimum wages, mandates overtime pay, and regulates child labor. Answer : (C) 47. The Merchant Marine (Jones) Act (1936): (A) provides remedies for injured sailors. (B) provides modest pensions to retired workers.

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    (C) sets the terms and conditions of employment to be provided by government contractors. (D) sets minimum wages, mandates overtime pay, and regulates child labor. Answer : (A) 48. In West Coast Hotel Company v. Parrish, the Washington Supreme Court reasoned: (A) it is in the public interest to safeguard women's health and protect them from unscrupulous employers. (B) the protection of women is a legitimate end of the exercise of state power. (C) the requirement of a fair minimum wage designed so the woman can meet the "very necessities of existence" is a means of protection. (D) All of these answers. Answer : (D) 49. Which of the following issues or trends contributed to the gradual decline of organized labor? (A) Union abuse of power (B) Political scrutiny of illegal and unethical activity (C) Globalization (D) All of these answers. Answer : (D) ESSAY 50. Which statute provides pensions to retired workers? Graders Info : The Social Security Act of 1935 deals with provisions on pensions that are to be provided to retired workers. 51. Briefly describe the doctrine of employment-at-will. Graders Info : The doctrine of employment-at-will was established in the 19th century in the common law. It states

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    that both the employee and the employer are free to unilaterally terminate the relationship at any time and for any legally permissible reason, or for no reason at all. 52. What are individual employee rights? Graders Info : Individual employee rights are those rights that are enjoyed by workers as individuals, as against collective rights secured by unionization. 53. Who violated the "gentlemen's agreement" with the Roosevelt Administration during WWII? Graders Info : John L. Lewis, president of the United Mine Workers had violated the "gentlemen's agreement" with the Roosevelt Administration during WWII. 54. Briefly describe the Taft-Hartley Act. Graders Info : The Taft-Hartley Act is a federal statute which enacted unfair labor practices for which unions might be charged and punished, such as coercing workers to join against their will. 55. Explain the phenomenon of globalization. Graders Info : Globalization is the integration of national economies into a worldwide economy, due to trade, investment, migration and information technology. 56. What rights does an employee have under Title VII of the Civil Rights Act if he or she faces illegal discrimination at work place? Graders Info : Under Title VII, an employee alleging illegal discrimination has the right to file a complaint with the Equal Employment Opportunity Commission (EEOC), for remedy. 57. What does the Racketeer Influenced and Corrupt Organizations Act (RICO) state? Graders Info :

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    RICO is a federal law designed to criminally penalize those who engage in illegal activities as part of an ongoing criminal organization. 58. Explain the consequences of the New Deal that was created subsequent to the Great Depression. Graders Info : The Great Depression and the subsequent New Deal of President Franklin D. Roosevelt resulted in the enactment of the major federal employment and labor laws. These statutes include: • The Social Security Act (1935) • The National Labor Relations Act (1935) • The Walsh-Healy Act (1936) • The Merchant Marine (Jones) Act (1936) • The Fair Labor Standards Act (1938) These laws continue to govern the fundamental features of the employment relationship and unionization even today 59. What are the reasons for the decline of the Post-War Organized Labor? Graders Info : Several significant issues and trends combined to cause the gradual decline of organized labor in America. Incidents like violation of "gentlemen's agreement" by John L. Lewis, president of the United Mine Workers, with the Roosevelt Administration during WWII. The belief of Critics, that the combined American Federation of Labor/Congress of Industrial Organizations (AFL-CIO) had grown far too powerful. Resistance, by so-called "Red Hunters" as the infamous Senator Joseph McCarthy, to perceived Communist influences in large unions at the advent of Cold War. Similarly, alleged organized-crime ties of other huge unions attracted the attention and wrath of politicians and government. 60. What led to decline and the resurrection of the arbitration remedy? Graders Info : The proliferation of individual employee rights led to swamping of the state and federal courts. However, the decline of organized labor combined with the Supreme Court's ruling that individual rights could not be automatically ceded to the labor-management dispute-resolution process contributed significantly to the litigation deluge. Then in 1991, the Supreme Court revisited the issue and held in the case of Gilmer v. Interstate/Johnson Llane Corporation 500 U.S. 20 (1991), that out of-court dispute resolution is consistent with the statutory scheme. 61. What are the major statutory aspects of Employee Health, Safety, and Welfare? Graders Info :

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    The major aspects of employee health, safety, and welfare, as they are embodied in our federal and state laws include • The federal Occupational Safety and Health Act (OSHA) and its many state-law counterparts • Workers' compensation and unemployment insurance statutes, which are a part of virtually every state's statutory safety net for injured and out-of-work workers • The U.S. Social Security system, which includes both pensions and support payments for permanently disabled workers who are still too young to retire • The Employee Retirement Income Security Act (ERISA), which is intended to protect and preserve employee pensions • The Family and Medical Leave Act (FMLA) and its numerous state and local counterparts, which increasingly require employers to grant paid leaves of absence for an ever-increasing range of personal issues • Worker Adjustment and Retraining (WARN) Acts, both federal and state, which are aimed at letting employees know when a plant closing or mass layoff is in the offing However, no national statute requires private employers to provide their employees with either health insurance or a pension plan.

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    Chapter 02 Employment Contracts and Wrongful Discharge TRUEFALSE 1. Common law deals with issues of wrongful discharge. (A) True (B) False Answer : (A) 2. 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. (A) True (B) False Answer : (A) 3. Employees cannot be terminated under the public policy exception. (A) True (B) False Answer : (B) 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. (A) True (B) False Answer : (A) 5. A tort is a private or civil wrong or injury that can be caused either intentionally or negligently. (A) True (B) False Answer : (A) 6. The National Labor Relations Act (NLRA) forbids firing employees for engaging in protected

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    concerted activities. (A) True (B) False Answer : (A) 7. An implied contract is a contract which is made either verbally or in writing. (A) True (B) False Answer : (B) 8. Public Policy Exception is not a commonly adopted exception to the pure employment-at-will rule. (A) True (B) False Answer : (B) 9. 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. (A) True (B) False Answer : (A) 10. The Sarbanes-Oxley Act amended the Employee Retirement Income Security Act (ERISA). (A) True (B) False Answer : (A) 11. 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. (A) True (B) False

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    Answer : (B) 12. A whistleblower is an employee who reports his or her employer's illegal activities to the appropriate governmental entity. (A) True (B) False Answer : (A) 13. Section 3(a) of the Model Employment Termination Act states "an employer may terminate the employment of an employee without good cause." (A) True (B) False Answer : (B) 14. The drawback under Sarbanes-Oxley Act is criminal provision, which used to punish people who provided information to law enforcing agencies relating to commission of any federal offences. (A) True (B) False Answer : (A) 15. Individuals found guilty under SOX's criminal provision can be imprisoned up to 15 years. (A) True (B) False Answer : (B) MULTICHOICE 16. The law that is created by judges opposed to statutes and legislation for the equity, justice and conscious is called: (A) common law. (B) codified law. (C) statutory law.

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    (D) ordinance. Answer : (A) 17. 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. Answer : (B) 18. 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. Answer : (B) 19. 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. Answer : (C) 20. 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.

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    (C) public policy exception. (D) statutory exception. Answer : (C) 21. 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. Answer : (B) 22. 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. Answer : (C) 23. 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 Answer : (A) 24. Contracts that courts infer from company policies and the behavior of the parties are known as: (A) implied contract. (B) void contract.

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    (C) express contract. (D) voidable contract. Answer : (A) 25. 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. Answer : (A) 26. The provision of Uniform Employment Termination Act deals with protection of employees from: (A) misdemeanors. (B) wrongful discharge. (C) government order. (D) court order. Answer : (B) 27. 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. Answer : (C) 28. An act that contains anti-retaliation provisions is: (A) the Equal wage Act. (B) the Civil Procedure Act. (C) the Gender Discrimination Act.

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    (D) the Occupational Safety and Health Act. Answer : (D) 29. Which Act was passed by Congress on July 30, 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 Answer : (A) 30. An Act which makes it illegal to fire an employee in retaliation for filing a safety complaint is covered under the provision of: (A) Title VII of Civil Rights Act. (B) National Labor Relations Act. (C) Occupational Safety and Health Act. (D) Public Policy Exception. Answer : (C) 31. 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. Answer : (D) 32. Many federal and state statutes seek to protect whistleblowers from the employer's retaliation by declaring such retaliation as: (A) illegal acts. (B) defenses.

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    (C) legal rights. (D) improper conduct. Answer : (A) 33. 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. Answer : (B) 34. 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. Answer : (D) 35. 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 Answer : (D) 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.

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    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. Answer : (C) 37. 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 Answer : (B) 38. 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. Answer : (A) 39. Brett (defendant) entered into employment contract with Krista (plaintiff). Brett had hired Krista as a staff assistant at a pay rate of $20 per hour. Krista's duties consisted of driving trucks and making deliveries. Although Krista worked for 120 hours in total, she was paid only for part of her services which did not abide by the terms and conditions agreed in the employment contract. Krista has most likely instituted a suit against Brett for: (A) breach of trust.

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    (B) breach of contract. (C) gender discrimination. (D) wrongful discharge. Answer : (B) 40. 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. Answer : (B) 41. 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. Answer : (D) 42. 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 Relation 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. Answer : (C)

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    43. 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. Answer : (B) 44. 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. Answer : (C) 45. 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. Answer : (D) 46. Unions provide employees: (A) increased bargaining power. (B) decreased bargaining power. (C) a pay raise.

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    (D) None of these answers. Answer : (A) 47. The Sarbanes Oxley Act (SOX) was passed in the wake of (A) September 11, 2001. (B) Mendoza v. Western Medical Center Santa Ana. (C) the Enron and Worldcom scandals. (D) None of these answers. Answer : (C) 48. 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. Answer : (C) 49. 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. Answer : (C) 50. SOX protects employees of: (A) private companies. (B) publically traded companies. (C) Both of these answers. (D) None of these answers.

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    Answer : (B) ESSAY 51. Explain the meaning of the term whistleblower. Graders Info : An employee who reports his/her employer's illegal activities to the appropriate governmental entity or, under some state statutes, to the board of directors or senior management of the firm is known as a whistleblower. 52. What is employment-at-will? Graders Info : A kind of employment wherein both the employee and the employer are free to unilaterally terminate the relationship at any time and for any legally permissible reason, or for no reason at all. 53. What is the exception under employment-at-will? Graders Info : The most common exception to the employment-at-will rule is the public policy exception. Under this although the employee is employed at-will, termination is illegal if a clear and significant mandate of law (statutory or common) is damaged if the firing is permitted to stand unchallenged. 54. When did the employment-at-will doctrine become the norm in American common law? Graders Info : The employment-at-will doctrine became the norm in 19th century American common law. 55. What is a tort? Graders Info : Tort is a private or civil wrong or injury, caused by one party to another, either intentionally or negligently. 56. What are the two most common types of contracts?

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    Graders Info : Two kinds of contract are: a. Express contract which has terms spelled out by the parties, usually in writing. b. Implied contracts are contracts that the courts infer from company policies and the behavior of the parties or that are implied from the law. 57. What is META? Explain the importance of Section 3(a) of META. Graders Info : META stands for Model Employment Termination Act and Section 3(a) of META prohibits the employers from terminating the employees from employment without having good reasons. 58. Identify two Acts that protect whistleblowers from employer retaliation. Graders Info : Occupational Safety and Health Act (OSHA) and Title VII provide protection to whistleblowing employees. 59. What is SOX? Graders Info : SOX is the Sarbanes-Oxley Act. It protects employees who report improper conduct by corporate officials concerning securities fraud and corruption. 60. What does Title VII of the NRLA deal with? Graders Info : Title VII forbids discharge on the basis of race, color, gender, creed, or national origin. 61. Define the doctrine of employment-at-will? Explain its exceptions? Graders Info : Employment-at-will holds that an employee who has not been hired for an express period of a year can be fired from his/her job by employer at any time with or without any reason. Both the employer and the employee are free unilaterally to terminate their relationship any stage without any compulsion or force. However there are exceptions under the doctrine. The most commonly adopted

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    exceptions under employment-at-will is Public Policy exception. If a statute creates a right or a duty for the employee, he or she may not be fired for exercising that legal right or fulfilling that legal duty. 62. What is a contract? Explain the differences between express and implied contracts? Graders Info : Contract is an agreement between two persons that is enforceable by law. The object must be legal in contract. Express contract: A contract in which the terms are explicitly stated, usually in writing but perhaps only verbally, and often in great detail. In interpreting such a contract, the judge and/ or the jury is asked only to determine what the explicit terms are and to interpret them according to their plain meaning. Implied contract: A contractual relationship, the terms and conditions of which must be inferred from the contracting parties' behavior toward one another. 63. Describe the Model Employment Termination Act. Graders Info : Model Employment Termination Act (META) relates to laws pertaining to termination of an employee. The heart and soul of META in its present form is Section 3(a), which states that "an employer may not terminate the employment of an employee without good cause." Section 3(b) limits application of the "good cause" limitation on employment-at-will to workers who have been with the particular employer for at least one year. The META suggests that claims under it be subject to binding arbitration with arbitral awards being issued within thirty days of hearings. Section 10 forbids retaliation against employees who make claims or who testify under the procedural provisions of the META. 64. What are the protections for corporate whistleblowers under law? Graders Info : Sarbanes-Oxley Act provides the protection for the corporate whistleblowers. SOX protects the employees who report for improper misconduct by corporate officials pertaining to fraud and corruption. Apart from SOX, OSHA and Title VII also protects employees who blow the whistle on illegal practices or who cooperate in investigations and testify at hearings from employer retaliation, such as employment termination. 65. Define a whistleblower and describe the protection offered to whistleblower employees. Graders Info : A whistleblower is an employee who calls attention to the employer's illegal or unethical activities.

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