Question 1

Which of the following is required for a successful implied contract wrongful discharge claim?

Accepted Answer

A successful implied contract wrongful discharge claim requires a specific oral promise that limits employment at will. A written contract or a clear written disclaimer may also form the basis of an implied contract, but they are not required.

Question 2

Just cause is required for the discipline or discharge of unionized employees because:

Accepted Answer

Labor agreements typically require just cause as a standard for employee discipline or discharge. This means that an employer must have a valid reason or cause for taking disciplinary action or terminating the employment of a unionized worker. Without just cause, the employer would be in violation of the labor contract and subject to grievances and arbitration. The National Labor Relations Act, while providing protections for unionized employees, does not specifically require just cause as a standard.

Question 3

Among the factors considered by the courts in determining whether a quit was actually a constructive discharge are all of these EXCEPT:

Accepted Answer

The courts consider factors such as demotions, reductions in job responsibilities, badgering, and reassignment to work under a younger supervisor as potential evidence of constructive discharge. However, reassignment to greater responsibility would not typically be considered evidence of constructive discharge.

Question 4

The legal environment for public employees differs from private sector employment because public employees:

Accepted Answer

Public employees are covered by civil service laws, which means they cannot be easily fired or disciplined without just cause. Additionally, public employees generally enjoy a property interest in their jobs, meaning they have a right to continued employment unless the employer can show good cause for termination. Furthermore, public employees have speech and other substantive constitutional rights, such as freedom of expression and due process protections.

Question 5

This occurs when a party takes action in reliance on the promise of another,who then breaks that promise.

Accepted Answer

This scenario describes the legal concept of promissory estoppel, which occurs when a party makes a promise to another party, who then relies on that promise to their detriment. If the promisor fails to fulfill the promise, the promisee may have a legal claim for damages under the theory of promissory estoppel. B is incorrect because intentional interference with a contractual relationship involves a third party intentionally causing one party to breach a contract with another party. C is incorrect because retaliation for an act supporting public policy involves an employer retaliating against an employee for reporting illegal or unethical behavior. D is incorrect because there is a legal issue at play.

Question 6

In Dillon v.Champion Jogbra,Dillon claimed a wrongful discharge maintaining that
Modifications of the employee manual created an implied contract negating the
Employer's claim that she was an at-will employee.The court said:

Accepted Answer

The answer of In Dillon v.Champion Jogbra,Dillon claimed a wrongful...

Question 7

After a troublesome time with a new manager,an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out,all of her belongings were in boxes,and her office was being used for storage.While she was on vacation,her new supervisor had called,asking where certain documents were located.When he found the employee's answer unsatisfactory,the supervisor said,"Well,this is the last straw." What is the best assessment of this situation?

Accepted Answer

The employee's desk being cleared out and belongings boxed up without any prior notice, combined with the supervisor's comment, "Well, this is the last straw," indicate that the supervisor was dissatisfied with the employee's performance and possibly trying to force her to quit. This is a classic example of constructive discharge, where an employee is put in such a difficult or intolerable situation that they are essentially forced to resign. Discrimination cannot be ruled out entirely, but there is no evidence in the scenario provided to support this conclusion. The employee has not quit voluntarily but has been constructively discharged.

Question 8

You are the HR Manager for your company.One of your employees has been actively involved in demonstrations at City Hall,protesting the city's refusal to adopt any environmentally-friendly ordinances or practices.While at these protests,he is often wearing a company T-shirt,and you are concerned that news reports of the demonstrations will lead people to conclude that your company is protesting the city's environmental policies,something which your Board of Directors has not authorized.You should:

Accepted Answer

It would be inappropriate to give a warning or punish the employee for exercising their right to protest outside of work hours. However, it is reasonable to request that the employee wear a different shirt to the demonstrations to prevent any confusion or misrepresentation of the company's stance on the issue. This allows the employee to continue their activism while also addressing the concern for the company's image.

Question 9

The Montana Wrongful Discharge from Employment Act (WDEA):

Accepted Answer

The Montana Wrongful Discharge from Employment Act (WDEA) specifically prohibits discharges that are not for good cause, but does not require arbitration or due process before termination.

Question 10

Due process includes:

Accepted Answer

Due process includes all of the above, which means a clear statement of charges by the employer, an opportunity for the employee to respond to those charges, and an investigation into the facts of the case.

Question 11

Regarding the termination of individual employees,it is NOT correct to say that:

Accepted Answer

Employers cannot avoid the legal consequences of termination by effectively (but not officially) discharging employees. This practice can still lead to legal challenges, such as claims for wrongful dismissal or constructive dismissal, where an employee's conditions or status are changed to force them into resignation.

Question 12

An employment manual contains a notice and disclaimer that the employment is entirely "at will," and also contains a progressive discipline system which recites an escalating series of notices and warnings before termination.If an employee is terminated immediately,and the progressive discipline system is not followed:

Accepted Answer

The termination is suspect because the presence of a progressive discipline system in the manual creates ambiguity, potentially implying that the employer should follow it before termination, despite the "at will" disclaimer.

Question 13

Over lunch,a manager at Microsoft says to another manager,"You know,just between you and me,it might not have been the worst thing in the world if the court had ordered the company to break-up.We really are too big." The comment was overheard by another employee at the next table and passed on to higher-level managers.If the manager is fired for making the statement and she sues Microsoft,a court would most likely rule:

Accepted Answer

The answer of Over lunch,a manager at Microsoft says to...

Question 14

A salesperson makes a large sale for which she is entitled to a commission.To avoid making the payment,the employer terminates the employee.The legal claim that best applies to this termination is:

Accepted Answer

Termination of employment to avoid making a commission payment may be a violation of the implied covenant of good faith and fair dealing, which is present in every employment contract. This covenant requires both parties to act in good faith towards each other. By terminating the employee to avoid making a commission payment, the employer is acting in bad faith and violating this covenant. Hence, the legal claim that best applies to this termination is a breach of the covenant of good faith and fair dealing.

Question 15

In a constructive discharge:

Accepted Answer

A constructive discharge occurs when an employee is forced to resign because the conditions in the workplace are unbearable. The employee is treated as if they were terminated because the resignation was not voluntary but rather forced. This may occur when an employer engages in behavior that leaves the employee feeling as though their only option is to resign. While the employee may have legal recourse such as filing a wrongful termination lawsuit, it is not considered a tort. The employer does not provide feedback on performance problems, and building a prima facie case for dismissal is not relevant in a constructive discharge.

Question 16

Which of the following is generally required to establish just cause for a termination?

Accepted Answer

Just cause for termination typically requires due process, proof that a known rule was violated, and consistent enforcement of the relevant rule or standard. Therefore, all the options are necessary to establish just cause for a termination.

Question 17

You have just been hired as the new HR Director of your firm,and have received a complaint and summons served by the sheriff,relaying the lawsuit filed by a former employee.As you read through the complaint,you can see that the employee himself wrote it (and not a lawyer),but think you recognize what your predecessor did wrong.It was this:

Accepted Answer

The correct answer is B because it involves a potential violation of anti-discrimination laws, specifically discrimination based on national origin, which is illegal under federal law (Title VII of the Civil Rights Act of 1964).

Question 18

A veteran teacher was told by a school superintendent that he would recommend that the school district not renew her contract at the end of the school year.Rather than contest the recommendation,the school teacher retired.What is the best assessment of this situation?

Accepted Answer

The answer of A veteran teacher was told by a...

Question 19

An employee of a family-owned car dealership suffered an injury while lifting computer equipment on the job.The employee reported the injury to the HR department,and sought worker's compensation benefits.The owner of the car dealership was convinced that the injury was actually incurred in a stockcar accident,and told a supervisor to get the employee to sign a form waiving his right to receive worker's compensation for the injury.The supervisor (a brother of the owner)was told that if he didn't get the employee (who happened also to be his son)to sign the waiver,both of them would be fired.A waiver was never signed,and both employees were terminated.They sued.All of the following are most likely true,EXCEPT:

Accepted Answer

The other statements are true based on the public policy exception to employment at will. However, the owner's actions in trying to get the employee to waive their right to worker's compensation benefits and threatening termination is not within their legal rights and is unlawful. It is not legal for an employer to retaliate against an employee for exercising their legal rights.

Question 20

Which of the following is a circumstance under which the public policy exception to employment at will is recognized?

Accepted Answer

The public policy exception to employment at will can be recognized under any of the circumstances mentioned in options A, B, and C. Therefore, the correct answer is D.

Quiz 18: Terminating Individual Employees