Chapter 28 - Employment Law

Front 1

Traditional common law rule

Back 1

The traditional common law rule of the employment provided that an employee at will could be fired for a good reason, a bad reason, or no reason at all. (p. 694)

Front 2

National labor relations act

Back 2

The National Labor Relations Act prohibits employers from penalizing workers for union activity. (p. 695)

Front 3

Family and medical leave act

Back 3

The Family and Medical Leave Act guarantees workers up to 12 weeks of unpaid leave each year for childbirth, adoption, or medical emergencies for themselves or a family member. (p. 695)

Front 4

Wrongful Discharge

Back 4

An employer who fires a workers for a bad reason is liable under a theory of wrongful discharge. (pp. 695-696)

Front 5

Public Policy

Back 5

Generally, an employee may not be fired for refusing to break the law, exercising a legal right, or performing a legal duty. (pp. 696-697)

Front 6

Promises made during the hiring process

Back 6

Promises made during the hiring process may be enforceable, even if not approved by the company’s top executives. (p. 698)

Front 7

Handbooks

Back 7

An employee handbook may create a contract. (p. 698)

Front 8

Defamation

Back 8

Employers may be liable for defamation if they give false and unfavorable references. (p. 699)

Front 9

Whistleblowers

Back 9

Whistleblowers receive some protection under federal and state laws. (p. 701)

Front 10

OSHA

Back 10

The Occupational Safety and Health Act is to ensure safe workplace conditions. (p. 703)

Front 11

Employee privacy

Back 11

An employer may not violate a worker’s reasonable expectation of privacy. However, unless a state has passed a statute to the contrary, employers may monitor many types of off-duty conduct (even legal activities such as smoking). Most state permit private employers to administer alcohol and drug tests. But employers may not require lie detector tests, except as part of an investigation into a crime. (p. 704)

Front 12

Worker’s compensation

Back 12

Workers’ compensation statues ensure that employees receive payment for injuries incurred at work. (p. 705)

Front 13

Social security

Back 13

Social Security pays benefits to works who are retired, disabled, or temporarily unemployed and to the spouses and children of disabled or deceased workers. (p. 705)

Front 14

ERISA

Back 14

The Employee Retirement Income Security Act regulate private pension plans. (p. 706)

Front 15

Equal pay act

Back 15

Under the Equal Pay Act, an employee may not be paid at a lesser rate than employees of the opposite sex for equal work. (p. 706)

Front 16

Title VII

Back 16

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin. (p. 707)

Front 17

Bona fide occupational qualification

Back 17

An employer is permitted to establish discriminatory job requirements if they are essential to the position in question. (p. 710)

Front 18

Pregnancy discrimination act of 1978

Back 18

Under the Pregnancy Discrimination Act, an employer may not fire, refuse to hire, or fail to promote a woman because she is pregnant. An employer must also treat pregnancy as any other temporary disability. (p. 713)

Front 19

Age discrimination in employer act

Back 19

The Age Discrimination in Employment Act prohibits age discrimination against employees or job applicants who are age 40 or older. (p. 713)

Front 20

Americans with disabilities act

Back 20

The ADA prohibits employers from discriminating on the basis of disability. (p. 715)

Front 21

True or False:

An employee may be fired for a good reason, abad reason, or no reason at all.

Back 21

False

Front 22

True or False:

An employee may be fired if she disobeys adirect order from her boss not to join a labor union.

Back 22

False

Front 23

True or False:

Promises made by the employer during the hiringprocess are not enforceable.

Back 23

False

Front 24

True or False:

In some states, an employer is not liable forfalse statements they make about former employees unless they know thesestatements are false or are primarily motivated by ill will.

Back 24

True

Front 25

True or False:

The federal government has the right toinspect workplaces to ensure that they are safe.

Back 25

True

Front 26

True or False:

Any employer has the right to insist thatemployees submit to a lie detector test.

Back 26

False

Front 27

True or False:

Federal law limits the number of hours anemployee can work.

Back 27

False

Front 28

True or False:

Children under 16 may not hold paid jobs.

Back 28

False

Front 29

True or False:

Onlyworkers, not their spouses or children, are entitled to benefits under theSocial Security system.

Back 29

False

Front 30

Brookmoved from Denver to San Francisco to take a job with an advertising agency.His employment contract stated that he was “at will and could be terminated atany time.” After 28 months with the company, he was fired without explanation.Which of the following statements is true?

(a) Hiscontract implied that he could only be fired for cause.

(b) Becausehe had a contract, he was not an employee at will.

(c) Hecould only be fired for a good reason.

(d) Hecould be fired for any reason.

(e) Hecould be fired for any reason except a bad reason.

Back 30

(e) Hecould be fired for any reason except a bad reason.

Front 31

Under the FMLA:

(a) Bothmen and women are entitled to leave from their jobs for childbirth, adoption,or a serious health condition of theirown or in their immediate family

(b) An employee is entitled to 12 weeks of paidleave.

(c) An employee is entitled to leave to care forany member of his household, including pets.

(d) An employee who takes a leave is entitled toreturn to the exact job she left.

(e) All employees in the country are covered.

Back 31

(a) Both men and women are entitled to leave from their jobs for childbirth, adoption, or a serious health condition of their own or in their immediate family

Front 32

Which of thefollowing statements is true under the public policy doctrine:

(a) An employee can be fired for any reason. (b) Anemployee can be fired for threatening a coworker.

(c) An employee can be fired for filing a workers’compensation claim.

(d) An employee can be fired for violating companypolicy even if he does so to save someone’s life.

(e) An employee can be fired for refusing to lieunder oath on the witness stand.

Back 32

(b) An employee can be fired for threatening a coworker.

Front 33

A whistlebloweris:

(a) always protected by the law.

(b) never protected by the law.

(c) alwaysprotected when filing suit under the False Claims Act.

(d) always protected if she is an employee of thefederal government.

(e) always protected if she works for a privatecompany.

Back 33

(c) Always protected when filing suit under the False Claims Act.

Front 34

Jack was furious when Hermione left the company in the middle of a verybusy sales period. He promised that he would get even with her. Anotheremployer called to check Hermione’s references. Which of the followingstatements should Jack make, if his goal is to limit his company’s potentialliability?

(a) Hermione was generally a good worker, but shewas often late arriving at the office. (This is true.)

(b) Hermione tried to run over a coworker with hercar. (This is true.)

(c) Hermione wore inappropriate clothing. (This isnot true.)

(d) Hermione doesn’t know her debits from hercredits (This is not true.)

(e) Hermioneworked for this company for a year and a half. Her title was Chief KnowledgeOfficer. (This is true.)

Back 34

(e) Hermione worked for this company for a year and a half. Her title was Chief Knowledge Officer. (This is true.)