Q&A Hero

Q: The Norris-LaGuardia Act outlawed yellow-dog contracts.

Q: The Taft-Hartley Act authorized the NLRB to hold hearings on unfair labor practice petitions.

Q: Petra Voinovich, 64, lost her job when the subsidiary she worked for was disbanded by Hypersonic Enterprises, the parent corporation. All of the employees who were laid off were promised preferential treatment for other jobs at Hypersonic. Voinovich applied for over 35 jobs. She was never rehired. The reason given was that she was overqualified. Voinovich believed that she could bring an age discrimination suit under the ADEA. Was she correct? Explain.

Q: Labor unions are not protected by the First Amendment because they are not political parties.

Q: Courts used the Sherman Act to prohibit strikes by labor unions.

Q: The Clayton Act of 1914 effectively prohibited federal courts from issuing injunctions against labor strikes.

Q: The Norris-LaGuardia Act, in 1932, forced companies to cooperate with union organizers and thus keep people working.

Q: John takes leave under FMLA. Discuss the obligations of John's employer to John.

Q: Titanic Industries requires all new employees to have red hair because red is the CEO's favorite color and all company signs are written in red letters. Minority job applicants whose hair is not red sue under the Civil Rights Act of 1964. Discuss their likelihood of success.

Q: The Little Manufacturing Co. plant is located next to Sierra River and employs 120 workers. A flash flood one weekend washes away the plant. Little decides not to rebuild and lays off the workers who are not represented by a union. What legal obligations does Little have to the workers?

Q: Nancy Nelson, who worked for the Farmington Institute of Technology, took a leave of absence for health purposes. Her supervisor, Mark Bohm, told Nelson, "When you recover from your health problems, you can have your job back with full seniority." Nelson believed Bohm and did not look for work elsewhere. When she returned to work, Nelson found that FIT would not honor Bohm's promise to her. It took Nelson eight months to find another job. Does Nelson have any legal recourse? Explain.

Q: Eva is fired by Big Clothing Co. for refusing to commit perjury. Discuss the elements required for Eva to win a wrongful discharge suit based upon a violation of public policy.

Q: The manager of Palms Restaurant assembles all employees and announces that because theft is occurring, she would fire employees until the guilty party confessed. Turning to an employee, Alice, the manager says, "You're fired." Palms Restaurant is in an employment-at-will state. Discuss if Alice has any legal remedy against Palms.

Q: Jackson Enterprises wants to provide two hours of work after school for children, upto standard eight, from economically disadvantaged families who cannot afford after-school day care. The work will be coordinated with school assignments and will appeal to each child's unique interests. Discuss any legal issues associated with this plan.

Q: Leonard Spinoza, a physical therapist, was laid off from his job at the Shelby Hospital because of economic conditions. He registered with the state unemployment compensation agency and requested unemployment compensation. The interviewing official told him about a job for a physical therapist at the Bellville Hospital. Spinoza refused it on the grounds that he needed vacation before accepting another job. Would Spinoza qualify for unemployment compensation?

Q: Employees who believe that their employer has violated FMLA rules can file complaints with the: A. Labor Employment Standards Administration. B. Equal Employment Opportunity Commission. C. Department of Labor. D. Office of Veterans' Employment and Training Service.

Q: Which of the following statements holds true for the Equal Pay Act of 1963? A. Male and female employees must be paid equally irrespective of the work. B. Male and female employees must have equal opportunities to work. C. Male and female employees must be given substantially equal work. D. Male and female employees must be paid equally for substantially equal work.

Q: Global Industries requires all new employees to be at least six feet tall to correspond with their marketing campaign: "The big people serve you." Women who are denied employment solely because of their height sue Global. What must Global prove? A. Height is directly related to the specific job in question. B. Nothing, since the burden of proof is on the women who sue. C. Height is directly related to Global's general business needs. D. Nothing, since Global applies the height standard in a nondiscriminatory manner.

Q: Under the provisions of which of the following can an employee who has served in the armed forces and successfully completed his/her tour of duty, be reinstated upon returning to work in his/her previous position on the job? A. USERA B. OWBPA C. ADA D. WARN

Q: USERA is administered by: A. the EEOC. B. no agency, since it allows private parties to sue. C. the Office of Veterans' Employment and Training Service. D. the Department of Labor.

Q: Workers at Titan Industries are concerned that employment-at-will will allow Titan to act arbitrarily and without any procedure or progressive discipline when firing workers. Discuss what legal remedies, if any, are available to the workers.

Q: Daniel is a part of the Sky Inc. softball team slated to play in the corporate cup. While playing a particular game Daniel is injured. What remedy, if any, does Daniel have for his injury? A. None, since he was not on his job at the time of injury. B. Workers' compensation is available. C. Daniel may sue Sky and his supervisor for negligence. D. Daniel only has recourse against any person who physically injured him.

Q: Which of the following statements holds true for employee responsibilities under the Family and Medical Leave Act (FMLA)? A. Employees must notify the employer at least 30 days before they intend to take the leave. B. Employees need not notify the employer if the need for a leave is unpredictable. C. Employees must accept the right of the employer to offer reduced pay on their return after the leave. D. Employees must discharge partial duties during the period of the leave.

Q: Juanita is classified by Maxims Store as an exempt employee. Juanita spends 40% of her time in management tasks, 30% of her time stocking shelves at Maxims Store, and 30% of her time unloading trucks that supply the store. Which of the following statements is true? A. Juanita is appropriately classified. B. Juanita is inappropriately classified. C. Juanita is guaranteed at least 60% of minimum wage. D. Juanita is guaranteed at least 160% of minimum wage.

Q: Standard Co. has an employee pension plan under which Jessica has worked for 12 years when she is laid off at age 60. Five years later at age 65, she attempts to draw her pension benefits and is informed that she is not eligible since she had not been working under the Standard Co. plan at the time of her retirement. Is this correct? A. Yes, if that is what the Standard Co. plan specifies. B. No, since Jessica worked longer than 10 years for Standard Co. C. No, since Jessica's benefits are vested. D. Yes, since Standard Co. only has a responsibility to current employees.

Q: For an employee to succeed in a wrongful discharge lawsuit grounded on the public policy tort exception to employment-at-will, he/she should prove ____, which requires the existence of a definite public policy, clearly created by the U.S. Constitution, the state constitution, or a general governmental policy. A. causation B. jeopardy C. clarity D. absence of justification

Q: For an employee to succeed in a wrongful discharge lawsuit grounded on the public policy tort exception to employment-at-will, he/she should prove ____, which requires that the public will be endangered if the court does not dissuade the type of firing involved in the case. A. causation B. jeopardy C. clarity D. absence of justification

Q: Causation: A. requires that the public will be endangered if the court does not dissuade the type of firing involved in the case. B. means that the employer had no legitimate business reason for the discharge of the employee. C. requires the existence of a definite public policy, clearly created by the U.S. Constitution, the state constitution, or a general governmental policy. D. requires that the discharge be induced by actions that are related to the stated public policy issue.

Q: To succeed in a wrongful discharge lawsuit grounded on the public policy tort exception to employment-at-will, the lack of an overriding business justification means: A. that the public will be endangered if the court does not dissuade the type of firing involved in the case. B. the establishment of the fact that the employer had no legitimate business reason for the discharge of the employee. C. the existence of a definite public policy, clearly created by the U.S. Constitution, the state constitution, or a general governmental policy. D. that the discharge be induced by actions that are related to the stated public policy issue.

Q: On the federal level, this act assures all workers in a business, in or affecting interstate commerce, a safe and healthful place of employment. A. OSHA B. FLSA C. FICA D. ERISA

Q: Which of the following statements about "the wage and hour provisions of the FLSA" is true? A. Full-time students cannot be employed. B. They apply to all people employed in an administrative capacity. C. Exempt workers are generally identified as those who manage other employees. D. They permit the employment of apprentices at the minimum wage.

Q: The ADA forbids discrimination on the basis of a disability if the disabled individual can do the essential functions of the job with "reasonable accommodations."

Q: A contract negotiated by the employer and the labor union that covers all issues related to employment is a(n): A. option contract. B. implied contract. C. collective bargaining agreement. D. confidentiality agreement.

Q: Under this federal statute, employers with more than 100 full-time employees must give written notice to a union official 60 days before any plant closing or mass layoff. A. Federal Employees' Compensation Act B. Fair Labor Standards Act C. Worker Economic Opportunity Act D. Worker Adjustment and Retraining Notification Act

Q: To make a case based on a(n) ____, the employee must demonstrate that the employer or a representative of the employer promised the employee job security despite the apparent at-will nature of the employment relationship. A. promissory estoppel B. implied-in-fact contract C. quasi-contract D. in pari delicto

Q: An employment relationship that would have been considered at-will, had the employer not said or done something that implied otherwise, is known as: A. a collective bargaining agreement. B. an implied contract. C. an explicit contract. D. good faith and fair dealing.

Q: In effect, a _____ states that, regardless of policies in the employee handbook and regardless of any oral promises to the contrary, an employment-at-will situation still exists between the employer and its employees. A. quasi-contract B. disclaimer C. relinquishment D. waiver

Q: American businesses do not have a legal obligation to give U.S. citizens working abroad the same protection against discrimination that they give to workers in the United States.

Q: An employee who currently uses illegal drugs and is addicted to illegal drugs could be protected by the ADA.

Q: Blyth Enterprises' female secretaries are paid $12 per hour, but male clerks are paid $10 per hour. If the jobs are substantially equal, Blyth must pay the male clerks $12 per hour.

Q: The level of effort, ability, accountability and a comparable work environment are the factors that determine whether a work done by a woman is substantially equal to the work done by a man or not.

Q: Reverse discrimination refers to a practice that is designed to eliminate discrimination against the members of a protected class and that has affirmative effect on other members of that class or on the members of another protected class.

Q: An employer can rightfully refuse employee benefits to a pregnant woman on the grounds that she is unable to discharge her duties properly.

Q: The FLSA specifies that employees cannot work for more than 40 hours per week unless they are paid double for all overtime.

Q: Under FICA, the amount that an employee is assessed is based on the employee's monthly wage base.

Q: Joseph is instructed by his employer, Helen, to go to the local donut shop during his lunch break and purchase six-dozen donuts for the department's tea party. If Joseph has a traffic accident on the way to the donut shop, he is not entitled to workers' compensation.

Q: After Sarah works three years for Global Industries Inc., her pension benefits provided by Global are vested by law.

Q: Under the FMLA, a worker should have been employed by a firm for at least one year and worked for 1,250 hours over a 12-month period before leave is requested, to qualify for leave time.

Q: Silitron Co. employs more than 100 full-time employees. It is closing one plant which has only 60 employees and is therefore not required to give 60 days advance notice to a union official.

Q: To make a case based on promissory estoppel, Thomas must demonstrate that his employer promised him job security despite the apparent at-will nature of the employment relationship.

Q: The arguments of promissory estoppel and implied contract are one and the same.

Q: Earth Enterprises hires Jason by promising him "long-term employment" but fires him a month later and files for bankruptcy. Jason may sue for fraud.

Q: All jurisdictions that have recognized the implied contract exception do not allow employers to preserve an employment-at-will arrangement by using a disclaimer.

Q: If Big Co. wrongfully discharges Max but later discovers that Max has been stealing petty cash, Big Co. can use this as after-acquired evidence defense. TRUE

Q: Small Co. can insist on a search warrant if OSHA inspectors want to enter Small's factory.

Q: Simon sells illegal drugs for JY Laboratories with the understanding that JY Laboratories will receive fifty percent of the gross profits. JY Laboratories fails to honor this agreement. Discuss whether Simon may sue JY Laboratories to enforce the agreement.

Q: Cassey is an agent of Green Motors and sells and delivers antique cars. Cassey spends her own money to ship a car from Ohio to Florida. There is no express agreement between Cassey and Green concerning expenses. Discuss the legal rules that apply to this situation.

Q: Cars and Cars sells rebuilt parts to repair shops. Allan is Cars and Cars' agent in Smallville. He is paid a commission, but also has a quota to meet. Cars and Cars appoints a second agent, Amanda, in Smallville. This makes it difficult for Allan to meet his quota and also reduces his commissions. Discuss if Cars and Cars has violated any duty it owes Allan.

Q: Xavier hired Sam to sell Xavier's private Lear jet. Before any sale could be made, the jet was destroyed by a crash. The destruction of the jet terminated the agency by operation of law. Whom must Xavier inform of the termination?

Q: Grandpa has a stroke and becomes mentally incapacitated. Discuss the legal status of any agency relationships that he may have granted and how Grandpa should have planned in advance for this possibility.

Q: The rationale for the employment-at-will doctrine is that both the employer and the employee must be free to terminate the employment relationship at any time.

Q: Jackson is a car purchasing agent for Highway Motors, a used car dealer. Jackson attends wholesale auto auctions and notices that some autos have consistently greater demand and higher prices. Jackson forms a car purchasing partnership with Viva Inc. to buy these cars from "for sale by owner" advertisements and then sell them in Viva's name at the auto auctions where Jackson purchases them for Highway. Discuss if Jackson has violated any duty he owes Highway Motors.

Q: Allison is an attorney representing Big Co. in trademark litigation. Allison fails to conduct market research in advance of the trial to determine the extent to which consumers identify with the trademark associated with Big Co. Big Co. loses the litigation under a finding that the trademark is generic and not uniquely associated with it. Has Allison violated any duty she owed Big Co.? Discuss.

Q: Tom is a real estate agent for Great Housing Co., who plans to purchase and build on a plot of land near Leadville. Tom learns that the building site may have been polluted with lead, but does not inform Great Housing Co., who purchases the land and discovers the pollution when construction starts. Great Housing Co. asserts that it did not know of the lead pollution and should not be required to pay the clean-up cost. Discuss Great Housing's assertion.

Q: Nolen worked as delivery person for the Super Soap Suds Company. In this capacity, he would frequently collect money from customers for Super Soap Suds. One week he carelessly allowed his son to deposit the money on his behalf. His son deposited the money in Nolen's personal account. When Nolen tried to retrieve the money, he did not know how much belonged to Super Soap Suds. What legal remedy does Super Soap Suds have against Nolen? Explain.

Q: Bill employs real estate agent Charles to sell his house. The house is destroyed by fire. What is the status of the agency relationship? A. The relationship is applied to the next property Bill sells. B. It requires Bill to compensate Charles for what he would have received for selling the house. C. The relationship is terminated. D. It depends on what is considered reasonable.

Q: Morgan, an agent was instructed to sell Drew's property at a specified price. A month later the value of the property increased substantially because of zoning changes. What is the status of the agency relationship? A. It stands terminated. B. It depends on what is considered reasonable. C. It continues and is unaffected by any change what so ever. D. It requires the agent to compensate the principal with additional compensation.

Q: The only exception to the rule that says that either the principal or the agent may terminate an agency relationship at any time arises in the situation of: A. an agency by estoppel. B. an agency by mutual agreement. C. an agency coupled with an interest. D. a notice of reimbursement.

Q: Betty purchases a variety of merchandise on credit on behalf of The Great Retail Store. When Betty quits, what notice must The Great Retail Store provide? A. The Great Retail Store can send a notice to all businesses in Betty's area. B. A classified advertisement notice in a newspaper of general circulation. C. Actual notice to parties Betty has done credit business with and an advertised notice in a newspaper of general circulation to the rest of the public. D. The Great Retail Store is not required to provide a notice to anyone.

Q: Which of the following statements holds true for the Uniform Electronic Transactions Act (UETA)? A. It refers to the physical alteration of network components. B. It refers to the establishment of the nature of an electronic agent. C. It refers to the banning of electronic agents for business transaction. D. It refers to the legitimization of the use of electronic agents.

Q: Tom, owner of the Rico Apartment Complex, appoints Alice as "General Manager" of the Rico Apartment Complex. Alice enters into several contracts in Tom's name: (1) maintenance agreement with Alpha Enterprises; (2) purchase of cable TV service from Star Ethics for Rico; (3) purchase of a new Corvette for Alice to drive while on Rico business. Discuss which of these contracts bind Tom?

Q: Jamie authorizes Amy to sell his house, but does not clarify about the compensation payable to Amy. What amount should be paid to Amy when she sells Jamie's house? A. Nothing, since agency relationships are assumed to be gratuitous unless an agreement specifies compensation. B. An amount to be determined by arbitration. C. A fair value for the service performed. D. Ten percent of the sales price.

Q: Desmond is sued by Harry when Desmond, obeying the instructions of his employer Bigger Company, sells Harry a computer system that is not capable of being expanded. Harry asserts fraud but Desmond argues that Harry did not request an expandable system. What responsibility if any, does Bigger Company owe Desmond? A. Bigger has no responsibilities since Desmond has a defense to fraud. B. Desmond as an agent is entitled to indemnification. C. Only to cooperate while Desmond defends against the lawsuit. D. Their responsibility is to support Harry's lawsuit against Desmond.

Q: Gordon employs Josh as an agent to sell Gordon's house. When does this agency end if the agreement is silent? A. When the house is sold. B. When Josh locates a possible buyer. C. When Josh decides to look for other employment. D. When Gordon decides to look for another agent.

Q: Iris represents Drew, an eccentric billionaire who lives alone on a Pacific Island. Although Drew passes away on May 1st, this fact is not revealed until June 1st. On May 15th, Iris enters into a contract with Peggy on behalf of Drew. What is the legal liability, if any, of Iris to Peggy? A. Iris is liable for a breach of actual warranty of authority. B. Iris is liable for a breach of implied warranty of authority. C. Peggy may enforce the contract since Drew's death was unknown, thus Iris has no liability. D. Peggy may enforce the contract against Iris since she represented a nonexistent principal.

Q: Henry owns a movie production house which is represented by a law firm. He also owns a shipping agency which is represented by Chase. The agency relationship between Henry and Chase will be terminated by the bankruptcy of which of the parties? A. The bankruptcy of Henry will terminate the agency relationship. B. The bankruptcy of the law firm will terminate the agency relationship. C. Both Henry and Chase must be bankrupt to terminate the agency. D. The bankruptcy of the movie production house will terminate the agency relationship.

Q: Corazon employs Josefina, a C.P.A., to represent her in tax liability negotiations with the IRS. Josefina is busy with other clients and delegates the negotiation to Lillian, a non-C.P.A. member of her office. Should Corazon object to this delegation? A. Yes, Corazon is relying on Josefina's skill and integrity. B. No, Lillian is a member of Josefina's office. C. Yes, Corazon must approve in writing any delegation of authority. D. No, delegations within offices happen regularly.

Q: In which of the following situations can an agent legally appoint a subagent? A. When the case involves co-agents. B. When the appointment is implied from the nature of the employment. C. When the situation involves a nondelegable duty. D. When the co-agent demands such an appointment.

Q: Carlos instructs his sales agent, Edgar, not to sell on credit to Andrew because Carlos has experienced problems collecting from Andrew for prior purchases. Edgar sells on credit to Andrew, who pays properly. Has Edgar violated any obligation to Carlos? A. He has not violated any obligation since Andrew paid properly. B. He has violated the duty to exercise reasonable judgment. C. He has not violated any obligation since Edgar did not evaluate Andrew's credit worthiness correctly. D. He has violated the duty to obey all instructions of the principal.

Q: The agent's duty of loyalty means that the agent cannot act: A. for two principals. B. for two principals in the same transaction. C. for more than one year for the same principal. D. for an undisclosed principal.