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Exam 42: Employment and Labor Law

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Question 51

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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. -Anali sent e-mails to her friends during work to solicit customers to purchase pirated movies. After Anali was fired based on these e-mails, she sued alleging the employer violated her privacy rights by going through her personal e-mail. Will Anali's suit likely be successful?

A) No, regardless of whose e-mail system was used.
B) No, if the emails were sent using the employer's e-mail system.
C) Yes, although employees do not have an absolute right to privacy at work, they have a reasonable expectation that the employer will not invade their privacy by reading employee e-mails.
D) Yes, as long as she can prove that her e-mails were sent during nonworking hours.
E) Yes, because employees have a right to privacy at work.

F) All of the above
G) A) and D)

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Question 52

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Which of the following is false under the Federal Unemployment Tax Act?

A) It was passed in 1935 and created a state system to provide unemployment compensation to qualified employees who lose their jobs.
B) Employers must pay taxes to the states, which deposit the money into the federal government's Unemployment Insurance Fund.
C) Each state has an account from which it can access the money in the federal fund.
D) States have different minimum standards for qualifying for unemployment compensation.
E) Most states do require employee contributions.

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

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Question 53

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After an employee has worked for an employer for at least one year, which of the following is required by federal law regarding vacation?

In Delgado v. Phelps Dodge Chino, Inc., the case in which the plaintiff sued in tort, seeking damages after her husband died from burn injuries he received after allegedly being required to perform a task in a smelting plant that would almost certainly cause serious injury or death, which of the following was the result on appeal?

Which of the following enables employees who lose their jobs or have their hours reduced to a level at which they are no longer eligible to receive medical, dental or optical benefits to pay to continue receiving benefits for themselves and their dependents under the employer's policy?

[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 appropriate term for the work stoppage engaged in by the employees?

Private employers are required to keep employees informed about all types of pension and health plans.

[Science Fiction Argument] Kolby worked as an information technology specialist. Kolby and his new supervisor got into an argument about the best type of movies. The next day, the supervisor fired Kolby because Kolby is a fan of science fiction, rather than than drama. Kolby complained to Juna, the head of human resources, because he had worked for the company for 30 years without any problems and it was not fair to fire him. Kolby told Juna that now he and his wife will have no insurance and he cannot even file for unemployment. Juna told him that the supervisor did not violate any laws and sometimes life is not fair. -Can Kolby and his wife continue to receive benefits after his termination?

Employers pay unemployment taxes to the states, which deposit the money into the federal government's Unemployment Insurance Fund.

The Fair Labor Standards Act mandates that employees who are not exempt and work more than 40 hours a week be paid no less than ________ their regular wage for all hours over 40 hours worked during a given week.