Ch 26 Employment and Labor Law
17. The Family and Medical Leave Act applies to:
companies with 15 or more full-time workers.
companies with 50 or more employees.
companies with 100 or more employees.
any company engaged in interstate commerce.
18. Megan was employed by a large company. Her supervisor told her to falsify government reports. She refused and was
fired. She sued for wrongful discharge. Her employer claimed that, since Megan was an at-will employee, she had no
legal right to claim the company was liable for damages. Is the employer right?
Yes. An at-will employee does not have a legal right to claim wrongful discharge of employment.
Yes. As an employee, Megan owes a duty of loyalty to her employer. If the company was found to have acted
illegally by falsifying the reports, it (not Megan) would be liable.
No. Even though Megan was an at-will employee, such employees may not be fired without just cause.
No. Though at-will employees do not have extensive rights relative to job security, they may not be legally
fired for refusing to perform an illegal act.
19. Maxine lost her job as an electrical engineer with a large company which had provided health insurance benefits for
Maxine and her family. She now:
must try to find insurance on her own or try to find another job with health insurance benefits.
is protected under COBRA, which allows her continued health insurance coverage for 18 months as long as
she pays the cost.
is protected under COBRA, which requires her employer to continue her health insurance coverage for six
months under whatever copayment arrangements she had while she was employed.
has some protection under the NLRA, which requires her employer to pay for continued health insurance for
three months following her termination if she did not leave the company voluntarily.
20. Jessica was a former employee of Mark. When potential employers called Mark for a reference about Jessica, he
stated she was not a very good worker and had been fired for excessive absences. He said he believed Jessica was on
drugs, but he did not know for sure. Jessica learned what Mark was saying and sued him. In most states:
it was legal for Mark to say what he said if it was true and Mark was not motivated by ill will.
it was legal for Mark to say what he said, since courts have consistently ruled that former employers are
immune from lawsuits for giving references.
it was not proper for Mark to say what he said, since courts have consistently ruled that former employers
should not give references over the telephone or in writing without the former employee's written
though it was proper for Mark to talk about Jessica's work-related history, he acted improperly when he said
he thought she was on drugs.
21. Sharon fell while making an inspection of a machine at work and in the fall, she broke her arm. Can she collect
workers' compensation for the time she had to be away from work as she recovered?