Ch 20 Quiz

Game Stores Inc. employs four hundred workers at three locations in three states. Workers who lose their jobs with Games have a right to continued health-care coverage under the company's group plan unless they a. are fired for gross misconduct. b. have their hours decreased from full-time to part-time. c. quit their jobs voluntarily. d. are laid off for budgetary reasons.

a. are fired for gross misconduct. Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) in the United States, employees who lose their jobs may have the right to continue their health insurance coverage under their employer's group health plan for a limited period, typically up to 18 months, provided they meet certain criteria. However, this continuation coverage is not available if the employee is terminated for gross misconduct. Gross misconduct is generally defined as behavior that is willful, deliberate, and serious, such as theft, violence, or other serious violations of company policies. In such cases, the terminated employee may not be eligible for continued health-care coverage under COBRA.

Investment Corporation wants to monitor business communications on phones that the employer provides to the employees. The employer's best course of action to avoid liability under laws related to employee monitoring is to inform a. its employees. b. no one. c. its clients and others who communicate with the employees. d. the public generally.

a. its employees. Under most jurisdictions' laws and regulations, employers are typically required to inform their employees if they are being monitored, especially when it comes to electronic communications such as phone calls and emails. Notifying employees of the monitoring helps the employer avoid potential legal issues related to privacy invasion or unauthorized surveillance. It's essential to have clear policies in place regarding employee monitoring and to inform employees about these policies to ensure compliance with applicable laws and regulations.

Devlin is thirteen years old. Under the Fair Labor Standards Act, he cannot a. work in a hazardous occupation. b. work for her parents. c. work in any job. d. deliver newspapers.

a. work in a hazardous occupation.

Luke takes temporary family leave from his job at Metal Works Corporation to arrange for child care and deal with financial and legal matters when Nancy, his spouse, a U.S. Marine on active duty, is deployed overseas. On Luke's return from the leave, Metal Works must a. restore him to his same position or a comparable position. b. do nothing. c. reimburse him for his expenses while on leave. d. promote him to the status of a key employee.

a. restore him to his same position or a comparable position. Under the Family and Medical Leave Act (FMLA) in the United States, eligible employees are entitled to take unpaid, job-protected leave for specified family and medical reasons, including to address issues arising from a spouse's military deployment. When the employee returns from FMLA leave, the employer must generally reinstate the employee to the same position they held before the leave or to an equivalent position with equivalent pay, benefits, and other employment terms. This protection ensures that employees like Luke are not penalized for taking leave to address family needs related to a spouse's military deployment.

Cyberware Inc. plans to lay off 400 of its 1,800 marketing employees at its corporate headquarters. Under federal law, the employer must give these employees a. sixty days' notice before the layoff. b. none of the choices, in the absence of an employment contract. c. sixty day's severance pay after the layoff. d. up to sixty days' leave to find other jobs.

a. sixty days' notice before the layoff. Under the Worker Adjustment and Retraining Notification (WARN) Act, employers are generally required to provide employees with a 60-day notice before a mass layoff or plant closure affecting a certain number of employees. This law applies to companies with 100 or more employees, including Cyberware Inc.

Food Mart Company employs workers, including Gina, at six locations in two states. Food Mart's discharge of Gina against the terms of an implied employment contract may result in a. the employer's liability for breach of contract. b. the employee's ineligibility for unemployment compensation. c. a court's imposition of an express employment contract. d. a claim under the Whistleblower Protection Act.

a. the employer's liability for breach of contract. In this scenario, if Food Mart Company discharges Gina against the terms of an implied employment contract, it may result in the employer being held liable for breach of contract. Implied employment contracts can be created through various actions and statements of the employer, and if the termination violates the terms of this implied contract, the employer could be held legally responsible for breaching the contract. This could result in potential legal consequences, such as compensation for damages suffered by Gina due to the breach.

Games Inc. induces Hoda to leave a well-paying job and move to another state for "long-term, lucrative employment in a growing business." She accepts the offer, but her position is soon eliminated due to Games' ongoing, undisclosed financial problems. Hoda brings a successful action against the employer for fraud. With respect to the employment-at-will doctrine, this is a. an exception based on public policy. b. an exception based on tort theory. c. an example of the doctrine. d. an exception based on contract theory.

b. an exception based on tort theory. In this scenario, Hoda's successful action against Games Inc. for fraud is an example of an exception to the employment-at-will doctrine based on tort theory. Fraud occurs when one party intentionally deceives another party to induce them to take a certain action to their detriment. In this case, Games Inc. induced Hoda to leave her previous job and relocate by making false representations about the long-term, lucrative employment prospects, while concealing its ongoing financial problems. Hoda's successful action against Games Inc. for fraud suggests that the employer's actions went beyond the bounds of permissible conduct under the employment-at-will doctrine.

Blanca is an at-will employee of Commercial Data Company. In firing Blanca, Dart, a Commercial Data manager, publicly discloses, via social media, private facts about Blanca's personal life. She successfully sues the employer for wrongful discharge. With respect to the employment-at-will doctrine, this is a. an example of the doctrine. b. an exception based on tort theory. c. an exception based on contract theory. d. an exception based on public policy.

b. an exception based on tort theory. In this scenario, the wrongful discharge due to Dart's public disclosure of private facts about Blanca's personal life is an example of an exception to the employment-at-will doctrine based on tort theory. Tort law deals with civil wrongs that result in harm or injury, and in this case, Dart's actions could be considered an invasion of privacy, which is a tort. Wrongful discharge due to such actions is an exception to the employment-at-will doctrine because it involves a violation of the employee's rights rather than a termination based on the general principles of at-will employment.

Olin is a key Power Company employee, whose pay falls within the top ten percent of the firm's workforce. Olin takes permitted time off under the Family Medical and Leave Act. On the employee's return from the leave, the employer a. must pay Olin an additional ten percent in wages prorated to the leave. b. can avoid reinstating Olin. c. must accept the return to work but can restore Olin to a lesser position. d. may cancel Olin's health-care coverage.

b. can avoid reinstating Olin.

Leah is an at-will employee of Mortgage Mart LLC. She is fired for refusing to falsify credit applications for her employer's clients. Leah successfully sues Mortgage Mart for wrongful discharge. With respect to the employment-at-will doctrine, this is a. an exception based on tort theory. b. an exception based on public policy. c. an exception based on contract theory. d. an example of the doctrine.

b. an exception based on public policy. In employment law, the employment-at-will doctrine states that an employer can terminate an employee for any reason or no reason at all, as long as it is not an illegal reason. However, there are exceptions to this doctrine, one of which is based on public policy. Wrongful discharge for reasons that violate public policy, such as refusing to engage in illegal activities like falsifying credit applications, is considered an exception to the employment-at-will doctrine. Employees who are terminated for refusing to participate in illegal activities can potentially bring forth successful wrongful discharge claims against their employers.

Fresh Food Packing Inc. employs 1,800 workers in its storage, packing, and shipping facilities. Employees who lose their jobs with Fresh Food are not eligible for unemployment compensation if they a. are actively seeking employment. b. quit their jobs voluntarily. c. have their hours decreased from full-time to part-time. d. are laid off for budgetary reasons.

b. quit their jobs voluntarily. In many jurisdictions, including the United States, employees who voluntarily quit their jobs are typically not eligible for unemployment compensation. Unemployment benefits are generally intended for individuals who lose their jobs through no fault of their own, such as layoffs, reduction in force, or other circumstances beyond their control. Therefore, if employees quit their jobs voluntarily, they may not be eligible for unemployment compensation from Fresh Food Packing Inc.

The Family and Medical Leave Act requires certain employers to provide eligible employees with family or medical leave for any of the following reasons except a. if the employee is unable to perform the essential functions of his or her job due to a serious health condition. b. to go on an extended family vacation. c. to care for a newly placed foster child. d. to care for a newly adopted child.

b. to go on an extended family vacation. The Family and Medical Leave Act (FMLA) in the United States requires certain employers to provide eligible employees with unpaid, job-protected leave for specific family and medical reasons. These reasons include: a. If the employee is unable to perform the essential functions of his or her job due to a serious health condition. c. To care for a newly placed foster child. d. To care for a newly adopted child. However, the FMLA does not provide leave for personal reasons such as going on an extended family vacation. Leave under FMLA is intended to address serious family and medical needs, as outlined in the law.

The purpose of state workers' compensation laws is to establish an administrative process for compensating workers for a. periods of unemployment, subject to eligibility requirements. b. all of the choices. c. injuries that arise in the course of employment, regardless of fault. d. retirement, disability, death, and hospitalization insurance.

c. injuries that arise in the course of employment, regardless of fault. State workers' compensation laws are designed to provide a system for compensating workers who suffer injuries or illnesses that arise in the course of their employment, regardless of fault. These laws establish an administrative process through which injured workers can receive benefits such as medical treatment, wage replacement, and vocational rehabilitation. The primary purpose is to ensure that injured workers receive appropriate compensation and support while also protecting employers from costly lawsuits related to workplace injuries.

Ferris is an employee of Guitars LLC. Guitars' employee manual states that workers, such as Ferris, will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is a. an example of the doctrine. b. an exception based on public policy. c. an exception based on contract theory. d. an exception based on a statute.

c. an exception based on contract theory. When an employer, such as Guitars LLC, explicitly states in its employee manual that workers will only be dismissed for good cause, it creates an employment contract, even in an at-will employment jurisdiction. This is an exception to the employment-at-will doctrine based on contract theory. The employment manual serves as an implied contract between the employer and the employee, providing additional protections beyond the typical at-will employment relationship. Therefore, Ferris could argue that the employer cannot terminate him without good cause, as stated in the manual, which would be enforced as a contractual obligation.

Federal overtime provisions apply only after a covered employee works more than a. eight hours in a day. b. twenty days in a month. c. forty hours in a week. d. one year for the same employer.

c. forty hours in a week. Under the Fair Labor Standards Act (FLSA) in the United States, federal overtime provisions apply when a covered employee works more than forty hours in a workweek. Employees covered by the FLSA are entitled to overtime pay at a rate of at least one and a half times their regular rate of pay for hours worked over forty in a workweek. This is a fundamental labor standard designed to ensure fair compensation for overtime work.

Riga works for Street Tacos LLC. The basis for Riga's contribution under the Federal Insurance Contribution Act to help pay for benefits that will partially make up for her loss of income on retirement is a. the employee's annual wage base. b. the employee's special job skills. c. the employer's adjusted gross profits. d. an equitable share of the employer's unpaid contribution.

d. an equitable share of the employer's unpaid contribution. Under the Federal Insurance Contributions Act (FICA) in the United States, employees contribute a portion of their earnings to fund Social Security and Medicare programs. The contribution is based on the employee's annual wage base, which is the maximum amount of earnings subject to Social Security and Medicare taxes each year. This amount is adjusted annually. Contributions are calculated as a percentage of the employee's wages up to the annual wage base.

A state law prohibits employers from causing employees "to work more than six days in seven." An employee who works a seventh consecutive day filling in for another worker is most likely a. entitled to overtime pay and two days off in the subsequent seven. b. waiving the overtime requirements of the Fair Labor Standards Act. c. not owed overtime pay if, on a rolling basis, the employee averages one day off per week. d. eligible for overtime wages.

d. eligible for overtime wages.

Aircraft Corporation employs mechanics, programmers, outside salespersons, and professionals, including pilots. Employees exempt from the Fair Labor Standards Act's overtime provisions include all of the following except a. programmers. b. outside salespersons. c. professionals. d. mechanics.

d. mechanics.

Gobi is an employee of Haz-Mat, Inc. He refuses a transfer to a Haz-Mat department in which several employees suffered serious injuries from exposure to hazardous materials. Under the Occupational Safety and Health Act, Gobi may be a. entitled to higher wages for working in a hazardous department. b. reported to the Occupational Safety and Health Administration. c. subject to discharge. d. entitled to protection from discharge.

d. entitled to protection from discharge. The OSH Act protects employees from retaliation for exercising their rights under the Act, including the right to refuse to work in conditions that they reasonably believe pose a risk of serious harm to their health or safety. If Gobi refuses a transfer to a hazardous department due to concerns about safety, he may be protected from discharge or retaliation by Haz-Mat, Inc. for raising such concerns. However, this protection would depend on the specific circumstances and whether Gobi's refusal was reasonable under the circumstances.

Ben takes temporary family leave from his job at Car Sales Company to care for a newborn baby. With respect to the employee's health-care coverage, during the leave, under the Family and Medical Leave Act, the employer a. may terminate it. b. must add the baby to it. c. may suspend it. d. must continue it.

d. must continue it. Under the Family and Medical Leave Act (FMLA) in the United States, eligible employees are entitled to take unpaid, job-protected leave for specified family and medical reasons, such as the birth of a child. During FMLA leave, the employer must continue the employee's health-care coverage on the same terms as if the employee had continued to work. This includes coverage for the newborn baby as well.