BUS251: Chapter 39 Reading & Assessment Questions

Suppose that Aubrey, an at-will employee at Costco, injures her arm on the job. Costco's manager tells Aubrey that the company frowns upon employees who file claims under the workers' compensation law. Aubrey files the claim and is fired one week later without being given a reason. Under what theory(ies) would Aubrey be able to sue Costco for illegal termination?

All of the choices are correct (an existing statute; the state constitution; previously established policy)

The employment-at-will doctrine permits an employer to terminate an employee __________.

All of the choices are correct (with or without advance notice; with or without just cause; subject to certain exceptions)

What, if any, federal statute(s) give specific anti-retaliation protections for employees who disclose conduct that violates that law?

All of the choices are correct. (Fair Labor Standards Act; Sarbanes-Oxley Act)

_______ employees who are defamed by their employer, also may have a _______ claim against their employer in the context of a termination.

At-will, tort-based; At-will, whistleblower

The _______ is a federal statute that contains an anti-retaliation provision that protects employees who disclose that their firm has committed fraud in dealing with contracts with the federal government.

False Claims Act

Which state does not recognize the common law exceptions of the employment-at-will rule on employees?

Florida

Federal employees are protected from retaliation for whistleblowing by the ____________.

Whistleblower Protection Act of 1989

The employment-at-will doctrine permits an employer to terminate an employee with or without _______ and with or without _______, subject to certain exceptions.

advance notice; just cause

An implied contract arises in the following situations: _______.

an oral promise made by employer that protects employee; an employment handbook distributed to all employees

The employment-at-will rule is decidedly _________ toward protecting the interests of the employer.

biased

A(n) _______ agreement gives rights to non-management employees, in addition to managers.

collective bargaining

In order for whistleblowers to gain statutory protection in New York, their disclosures must be connected to conduct that is ______.

dangerous

Certain federal and state statutes _________ common law employment-at-will rules.

displace

The employment-at-will rule is decidedly biased toward protecting the interests of _______.

employers

Certain federal and state statutes displace common law _______ rules.

employment-at-will

The starting point for analyzing the legal relationships between employers and employees is the _______, a deep-seated common law rule that exists in some form in every US jurisdiction.

employment-at-will doctrine

One major exception to the employment-at-will rule is when an employee has a(n) _______ contract intended to relationship intended to displace the employment-at-will rule.

express

The employment-at-will doctrine does not apply in cases where the employee has an _______ contract.

express; implied

The False Claims Act is a ________ statute that contains an anti-retaliation provision that protects employees who disclose that their firm has committed fraud in dealing with contracts with the federal government.

federal

The False Claims Act provides the government with powerful tools to combat ______.

fraudulent practices; frivolous lawsuits

Typically, an employment contract will provide that employers may terminate the employee only for "_______," such as committing a criminal act in the course of her employment.

good cause

Typically, an employment contract will provide that employers may terminate the employee only for:

good cause

The covenant of _________ and fair dealing, adopted by a minority of states, represents a significantly different approach to the traditional notions of an employment-at-will relationship.

good faith

The covenant of _______ and _______ represents a significantly different approach to employment-at-will relationships.

good faith; fair dealing

In McQueary v. The Pennsylvania State University, Pa. Ct. of Common Pleas, No. 2012-1804 (2016), what proceeding led up to McQueary being fired?

grand jury testimony

The employment-at-will doctrine does not apply in cases where the employee: _______.

has an express contract; has a common law exception

An employment-at-will relationship may be converted to a(n) ________ contract relationship if the employer acted in a manner that would lead a reasonable person to believe that the employer intended to offer an employee protection from termination without cause.

implied

Collective bargaining agreements are negotiated by _______ on behalf of a group of employees.

labor unions

In the Bammert v. Don's Super Valu case, the court refused to apply the _______ exception when the wife of a police officer alleged retaliation after her husband arrested her employer's wife.

public policy

The _______ exception displaces the employment-at-will rule that allows employers to terminate an employee for certain reasons contrary to established policy.

public policy

The _______ exception is a narrowly applied common law rule that places the public welfare ahead of the rights of an employer.

public policy

The most widely used exception that displaces the employment-at-will rule recognizes that allowing employers to terminate an employee for certain reasons may contradict _________.

public policy

Identify the three common law exceptions to the employment-at-will doctrine: _______.

public policy exception; implied contract protection; covenant of good faith and fair dealing

Antidiscrimination statutes prohibit employment termination based on certain discriminatory motivations such as _______ or _______.

race; gender

An employment-at-will relationship may be converted to a contract relationship if the employer acted in a manner that would lead a ________ person to believe that the employer intended to offer an employee protection from termination without cause.

reasonable

The False Claims Act allows the reporting party to file a lawsuit against the organization that is accused of the fraud and to ________.

receive a portion of any monetary recovery

Employers may not terminate an employee as _______ for reporting the employer to the authorities.

retaliation

In McQueary v. The Pennsylvania State University, Pa. Ct. of Common Pleas, No. 2012-1804 (2016), the court

ruled in favor of McQueary

Employers may terminate whistleblower employees if they can show the termination was based on reasons _______ the whistleblowing.

separate and independent of

The employment-at-will doctrine does not apply cases where (1) the employee has an express contract, (2) courts have fashioned a common law exception that protects the employee, or (3) ___________.

some specific statutory protection against job termination

In what court was the following case decided in: Jasper v. H. Nizam, Inc., 764 N.W.2d 751 (Iowa 2009)?

supreme

If an employee was fired because a supervisor acted maliciously, the employee may have a claim against the employer for ________.

the tort of wrongful termination

__________ states and the District of Columbia have created statutes that provide an incentive to report fraud involving state-funded programs.

thirty

A __________ is a person who reports illegal conduct committed by employees, directors, and executives of a company.

whistleblower

A(n) _______ is an employee who reports an employer's unlawful conduct or a statutory violation to the authorities.

whistleblower

Generally, _______ are protected when they report the violation of a law or standard by their employer to the authorities.

whistleblower employees

One of the most important statutes against employer termination is statutory protection for _______.

whistleblowers

States that recognize good faith and fair dealing protect employees from job termination (1) _______ or (2) _______.

without just cause; malicious intent; bad faith