Question 1

Which of the following is true regarding the free speech rights of government employees?
A)When a citizen enters government service, the citizen maintains complete freedom to speak as they wish.
B)When a citizen enters government service, the citizen forfeits their right to free speech.
C)Public employees have First Amendment protection when they speak out on matters of public concern, but not when they speak out in the course of their official duties.
D)First Amendment protection for public employees has a chilling effect on the speech of all potential whistleblowers.

Accepted Answer

Public employees have First Amendment protection when they speak out on matters of public concern, but not when they speak out in the course of their official duties. This was established in the Supreme Court case of Pickering v. Board of Education. Government employees do not forfeit their right to free speech when they become public employees, but their speech may be restricted if it interferes with their official duties, disrupts the workplace, or undermines the employer's mission.

Question 2

The federal False Claims Act can be beneficial for both the government and whistleblowers because both can benefit financially from successful qui tam lawsuits.​

Accepted Answer

The federal False Claims Act allows whistleblowers to file a qui tam lawsuit on behalf of the government against individuals or companies that have defrauded the government. If the lawsuit is successful, both the government and the whistleblower can receive a portion of the recovery, usually ranging from 15 to 30 percent of the total amount recovered. Therefore, both can benefit financially from successful qui tam lawsuits.

Question 3

What legal standard is used to evaluate whether a state law that restricts content-based speech violates the right to free speech?
A)The law must be narrowly tailored to promote a compelling government interest.
B)The law must have a rational relationship to a government interest.
C)No law passed by a state can restrict content-based speech.
D)The law must have a sound policy justification.

Accepted Answer

The legal standard used to evaluate whether a state law that restricts content-based speech violates the right to free speech is that the law must be narrowly tailored to promote a compelling government interest. This is known as strict scrutiny, and it requires the government to demonstrate that the restriction on speech is necessary to achieve a compelling government interest, and that the restriction is narrowly tailored to achieve that interest, without unnecessarily restricting free speech.

Question 4

What is an Ag-Gag law?
A)A law that prevents companies in the agriculture industry from advertising their products.
B)A law that attempts to prevent videotaping and recording inside agricultural facilities.
C)A law that protects the free speech rights of journalists who investigate the agriculture industry.
D)A law that punishes agricultural companies that fire whistleblowing employees.

Accepted Answer

An Ag-Gag law is a law that attempts to prevent individuals from videotaping or recording inside agricultural facilities. These laws are intended to prevent undercover investigations of animal welfare violations and other abuses in the industry.

Question 5

The Food Safety Modernization Act:
I. offers some protections for whistleblowers
II. covers vegetables, seafood and dairy
III. covers eggs and poultry
IV. gives the FDA power to make mandatory recalls
A)I and II only
B)I, III and IV only
C)I, II and IV only
D)I, II, III, IV

Accepted Answer

The Food Safety Modernization Act offers protections for whistleblowers, covers vegetables, seafood, and dairy, and gives the FDA power to make mandatory recalls. However, it does not cover eggs and poultry, so option III is incorrect. Therefore, the correct choice is C: I, II, and IV only.

Question 6

To determine whether a public employee receives First Amendment protection for her speech (and therefore cannot be fired for it),the Supreme Court has said all of the following except:
A)The speech cannot cause substantial interference with the workplace.
B)The speech cannot be about political topics.
C)The speech must be about an issue of public concern.
D)The speech cannot be made in the course of employment.

Accepted Answer

The Supreme Court has not said that the speech cannot be about political topics. In fact, political speech is often considered an issue of public concern and is therefore protected under the First Amendment for public employees, as long as it does not disrupt the workplace.

Question 7

Explain why a company would want to develop an effective internal whistleblowing system.​

Accepted Answer

The answer of Explain why a company would want to...

Question 8

Harold worked as an assistant store manager for a major retail company in Montana. Normally,the company relies on him to work forty hours a week,but last month,he was called for jury duty and was selected to serve on a jury for a trial that lasted three weeks. His boss told him to make up an excuse for why he could not serve on the jury so he did not have to miss work. Harold refused to lie and,when he finished jury duty and returned to work,he was informed that he no longer had a job. Another employee that filled in for him in the role of assistant store manager was given his job permanently. Explain whether this violates Montana's Wrongful Discharge from Employment Act.​

Accepted Answer

The answer of Harold worked as an assistant store manager...

Question 9

Explain how the Supreme Court has developed the law regarding the free speech rights of public employees.​

Accepted Answer

The answer of Explain how the Supreme Court has developed...

Question 10

In additional to whistleblowing,explain at least two other exceptions to at-will employment.​

Accepted Answer

The answer of In additional to whistleblowing,explain at least two...

Question 11

The general rule of at-will employment does not apply to which of the following?
I. Those involved in union organizing
II. Those who report financial misconduct in publicly traded companies
III. Whistleblowers
IV. Those who are fired because of their membership in a protected class
A)I only
B)II only
C)III only
D)I, II, III, and IV

Accepted Answer

The general rule of at-will employment does not apply to any of these situations. Employees who are involved in union organizing, report financial misconduct, or blow the whistle on illegal activities are protected by federal laws and regulations. Similarly, firing an employee because of their membership in a protected class (such as race, gender, or religion) is illegal under anti-discrimination laws. Therefore, all of the choices are correct.

Question 12

Select the best definition of whistleblower:
A)A company that uses ethical analysis to discover internal wrongdoing.
B)Originated from the Latin"qui tam pro domino rege quam pro sic ipso in hoc parte sequitur"meaning "who as well for the king as for himself sues in this matter."
C)The only exception to the general rule of at-will employment
D)People who report unethical or illegal activities that are often under the control of their employers

Accepted Answer

Option D provides the best definition of a whistleblower as it clearly states that they are individuals who report unethical or illegal activities that are often under the control of their employers. Option A is incorrect as it refers to a company, not an individual who blows the whistle. Option B provides the historical origin of the term but does not define what a whistleblower is. Option C is incorrect as it only provides an exception to at-will employment, which is not directly related to whistleblowing.

Question 13

Under the legal doctrine of "employment-at-will" an employee can be lawfully terminated from her job for:
I. wearing a shirt that clashes with her suit
II. The employer's need to cut costs
III. complaining about illegal activity in the workplace
IV. only for good cause
A)I only
B)II only
C)I and II
D)III and IV

Accepted Answer

Under the employment-at-will doctrine, an employer can terminate an employee for any reason that is not illegal (such as discrimination or retaliation for whistleblowing), which includes reasons I (wearing a shirt that clashes with her suit) and II (the employer's need to cut costs). III is generally protected under whistleblower protection laws, and IV contradicts the at-will employment principle.

Question 14

Explain why the plaintiff in Sullivan v.Harnisch was distinguishable from the plaintiff in Weider v.Skala,according to the Court of Appeals of New York?​

Accepted Answer

The answer of Explain why the plaintiff in Sullivan v.Harnisch...

Question 15

Frank was working as an administrative assistant in the Pentagon. One day,his supervisor stopped at his desk and told Frank that the work he had been doing lately has been filled with mistakes and sloppiness. Frank responded by saying,"You are a fascist,just like everyone else who works here!" If Frank was fired and he claimed his free speech rights were violated,the federal government could successfully argue that his speech would not be protected by the First Amendment.Which of the following reasons would not support the government's argument.
A)His statement was made within the scope of his employment.
B)His statement did not address an issue of public concern.
C)His statement was disruptive to the workplace.
D)Frank was a government employee.

Accepted Answer

Frank's status as a government employee does not inherently exclude his speech from First Amendment protection. The key factors that might limit his speech rights in this context are the nature of his speech (whether it pertains to matters of public concern), its impact on workplace efficiency and discipline, and whether it was made as part of his official duties. Being a government employee alone does not automatically disqualify his speech from protection.

Quiz 3: Whistleblowing: Conflicting Loyalties

Which of the following is true regarding the free speech rights of government employees?

The federal False Claims Act can be beneficial for both the government and whistleblowers because both can benefit financially from successful qui tam lawsuits.

What legal standard is used to evaluate whether a state law that restricts content-based speech violates the right to free speech?

What is an Ag-Gag law?

The Food Safety Modernization Act: I. offers some protections for whistleblowers II. covers vegetables, seafood and dairy III. covers eggs and poultry IV. gives the FDA power to make mandatory recalls

To determine whether a public employee receives First Amendment protection for her speech (and therefore cannot be fired for it) ,the Supreme Court has said all of the following except:

Explain why a company would want to develop an effective internal whistleblowing system.

Explain how the Supreme Court has developed the law regarding the free speech rights of public employees.

In additional to whistleblowing,explain at least two other exceptions to at-will employment.

The general rule of at-will employment does not apply to which of the following? I. Those involved in union organizing II. Those who report financial misconduct in publicly traded companies III. Whistleblowers IV. Those who are fired because of their membership in a protected class

Select the best definition of whistleblower:

Under the legal doctrine of "employment-at-will" an employee can be lawfully terminated from her job for: I. wearing a shirt that clashes with her suit II. The employer's need to cut costs III. complaining about illegal activity in the workplace IV. only for good cause

Explain why the plaintiff in Sullivan v.Harnisch was distinguishable from the plaintiff in Weider v.Skala,according to the Court of Appeals of New York?