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Exam 42: Employment and Labor Law

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Question 31

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[Wrongful Discharge] Monique worked as an administrative assistant for B&B Corporation. According to paragraph 16 of B&B's employee handbook's progressive discipline policy, an employee whose performance is unsatisfactory may be discharged if no improvement is shown within thirty days after receiving a written warning. Monique was having difficulty learning the software program required for her job. On July 1, she met with her supervisor, who told her that her performance needed improvement and gave her a written warning which referenced paragraph 16 of the employee handbook. Monique stayed up late each night trying to learn the new program. She was away from her job for one week for jury duty. On her return to work from jury duty on July 20, Monique was terminated for poor performance. Monique called B&B's Human Resources Department, but was told she has no case for wrongful discharge because she was an employee-at-will and can be terminated at any time for any reason. -Are there any exceptions that allow an employee-at-will to sue for wrongful discharge?

A) Only the implied-contract exception.
B) Only the implied covenant of good faith and fair dealing exception.
C) The implied-contract exception and the public policy exception.
D) The implied-contract exception, the public policy exception, and the implied covenant of good faith and fair dealing exception.
E) An employee-at-will cannot sue for wrongful discharge.

F) B) and C)
G) A) and E)

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Question 32

Multiple Choice

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Workplace safety rules are primarily regulated through which of the following?

A) The Occupational Safety and Health Act
B) Federal Workers' Compensation Act
C) The Fair Labor Standards Act
D) Worker Safety Act
E) Environmental Protection Act

F) D) and E)
G) None of the above

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Question 33

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[Union Avoidance] Nadine owned and operated a large book store with 50 employees. She was aware of union organization attempts. She prohibited any discussion of the union and the distribution of literature at any time, including during employee breaks and lunches in the employee break room. She told employees that she would refuse to grant a raise to any employee who supported the union. Nadine was extremely unhappy when the union obtained enough signatures indicating an interest to be represented by the union. Nadine still refused to recognized the union, and the union organizers petitioned the National Labor Relations Board for a representation election. At that point, she promised employees that she would give a $1,000 bonus to any employee who voted against the union. Surprisingly to Nadine, employees who voted overwhelmingly supported the union. On the other hand, employees who voted failed to constitute all employees of the book store. A number of employees were absent on the day of the election and did not vote. Nadine stated that it was her understanding that the union would not be certified as the bargaining representative of the employees because fewer than 50% of the total number of the store employees voted for the union. Nadine further stated that, in any event, she would not deal with the union under any circumstances. -Which of the following is true regarding Nadine's statement that if employees would refuse to elect the union, she would give each employee a $1,000 bonus, but that she would grant no raises to union supporters?

Periodically, Congress raises ________ to compensate for increases in the cost of living caused by inflation.

[Employee Picketing] Amir owns a unionized business called "Amir's Furniture" that manufactures furniture. Employees are unhappy because they believe that during negotiations for a collective bargaining agreement, Amir is improperly refusing to give them a raise. The employees stop working for Amir's business and begin picketing. At first the employees carry signs with slogans such as "Labor Dispute - Amir Won't Pay a Fair Wage," meant to inform the public that a labor dispute has resulted because Amir is cheap. When that, however, fails to change Amir's mind, the employees begin staging pickets to prevent deliveries to Amir and to prevent access to employees who want to work. They carry signs saying "No Access to Amir - Shut Him Down." -Which of the following is the correct term for the type of picketing the employees engaged in when they attempted to prevent employees from entering the premises and to stop deliveries to Amir by picketing?

Under the Family and Medical Leave Act, who is considered an eligible employee?

Employers may unilaterally determine how much to pay employees and how many hours to require to them to work.

When will a union be certified as the bargaining representative of employees?

If a person is employed by a spouse or parent, the National Labor Relations Board holds no jurisdiction over them.

Under the Family and Medical Leave Act, all leave time provided by the employer must be paid leave.

[Uncooperative Employer] Rachel requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Rachel's employer, Hannah, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Rachel did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Miguel, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the Act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Hannah told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Milos. Miguel demanded that Milos be removed and that he be reinstated to his previous job. To the dismay of Hannah, Alina also requested leave because she planned to take in a foster child. Hannah told Alina to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alina for leave, and also because she typically worked only 30 hours per week. -Which of the following is true regarding the denial by Hannah of Alina's request for leave under the Act?

[Employee Picketing] Amir owns a unionized business called "Amir's Furniture" that manufactures furniture. Employees are unhappy because they believe that during negotiations for a collective bargaining agreement, Amir is improperly refusing to give them a raise. The employees stop working for Amir's business and begin picketing. At first the employees carry signs with slogans such as "Labor Dispute - Amir Won't Pay a Fair Wage," meant to inform the public that a labor dispute has resulted because Amir is cheap. When that, however, fails to change Amir's mind, the employees begin staging pickets to prevent deliveries to Amir and to prevent access to employees who want to work. They carry signs saying "No Access to Amir - Shut Him Down." -Which of the following is the correct term for the type of picketing the employees engaged in when they carried picket signs informing the public that Amir refused a raise?

[Wrongful Discharge] Monique worked as an administrative assistant for B&B Corporation. According to paragraph 16 of B&B's employee handbook's progressive discipline policy, an employee whose performance is unsatisfactory may be discharged if no improvement is shown within thirty days after receiving a written warning. Monique was having difficulty learning the software program required for her job. On July 1, she met with her supervisor, who told her that her performance needed improvement and gave her a written warning which referenced paragraph 16 of the employee handbook. Monique stayed up late each night trying to learn the new program. She was away from her job for one week for jury duty. On her return to work from jury duty on July 20, Monique was terminated for poor performance. Monique called B&B's Human Resources Department, but was told she has no case for wrongful discharge because she was an employee-at-will and can be terminated at any time for any reason. -Does Monique have a valid claim for wrongful discharge under the public policy exception?

The Taft-Hartley Act is also known as the ________.

In order to obtain leave under the Family and Medical Leave Act, an employee whose need for a leave is foreseeable must advise the employer of that need at least ________ days prior to the anticipated date on which the leave needs to begin or as soon as practicable.

[Uncooperative Employer] Rachel requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Rachel's employer, Hannah, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Rachel did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Miguel, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the Act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Hannah told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Milos. Miguel demanded that Milos be removed and that he be reinstated to his previous job. To the dismay of Hannah, Alina also requested leave because she planned to take in a foster child. Hannah told Alina to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alina for leave, and also because she typically worked only 30 hours per week. -Which of the following is true regarding Miguel's claim that the other employee should be removed so that he can have his position back?

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job. -Assuming Kayla provided proper notice, would a court likely find that DesignCo violated the FMLA by not returning Kayla to the same position when she returned to work?

Which of the following is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans?

Which statement is true regarding protection provided by labor law to the picketing by the employees?

A group of employees from the XYX Melody company are meeting with management in order to determine the conditions of employment. This would be known as ________.