Chapter 18
TERMINATING INDIVIDUAL EMPLOYEES
Test Bank Questions, 5e
MULTIPLE CHOICE QUESTIONS
1. 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:
a. when the terms of a manual are ambiguous…or send mixed messages regarding
an employee’s status, the question of whether the presumptive at-will status has
been modified results in a presumption in favor of the employer
b. when the terms of a manual are ambiguous…or send mixed messages regarding
an employee’s status, the question of whether the presumptive at-will status has
been modified results in a presumption in favor of the employee
c. an employer may modify an at-will employment agreement unilaterally
d. an employer may only modify an at-will employment agreement bilaterally in
agreement with the employee
2. Which of the following is a circumstance under which the public policy exception to
employment at will is recognized?
a. termination for reporting illegal activity
b. termination for refusing to commit an illegal act
c. termination for exercising a legal right
d. all of the above
e. none of the above
3. Just cause is required for the discipline or discharge of unionized employees because:
a. the Constitution requires it
b. labor agreements require it
c. the National Labor Relations Act requires it
d. arbitrators prefer the just cause standard to employment at will
e. none of the above
4. The Montana Wrongful Discharge from Employment Act (WDEA):
a. requires the arbitration of all wrongful discharge claims
b. prohibits discharges that are not for good cause
c. requires that employers provide due process before discharging employees
d. all of the above
e. none of the above
5. The legal environment for public employees differs from private sector employment
because public employees:
a. are covered by civil service laws
b. generally enjoy a property interest in their jobs
c. have speech and other substantive constitutional rights
d. all of the above
e. none of the above
6. 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:
a. the termination is justified because the manual contains an “employment at will”
disclaimer
b. the termination is not subject to legal redress because the manual contains an
“employment at will” disclaimer, so the employer had a right to terminate
employment without conditions
c. the termination is suspect because the progressive discipline system was not
followed
d. the termination is suspect because the employment manual is ambiguous
e. both c and d
7. In a constructive discharge:
a. the employer provides feedback on performance problems that will help the
employee in a future job
b. a quit is treated as a termination because circumstances forced the employee to
leave
c. the employee will be able to sue for the tort of constructive discharge
d. the employee is fired after the employer has built or constructed a prima facie
case for the employee’s dismissal
8. Which of the following is generally required to establish just cause for a termination?
a. due process
b. proof that a known rule was violated
c. consistent enforcement of the relevant rule or standard
d. all of the above
e. none of the above
9. Which of the following is required for a successful implied contract wrongful discharge
claim?
a. a written contract signed by both the employer and the employee
b. a specific oral promise limiting employment at will
c. a clear and prominent written disclaimer
d. all of the above
e. none of the above
10. 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:
a. For the employee because she would be covered under whistleblower protection
laws
b. For the employee because the company would be violating her First Amendment
right of free speech
c. For the employee because her speech constituted protected concerted activity
under the National Labor Relations Act
d. For the employer because her statements showed disloyalty to the company, for
which she could lawfully be terminated
e. For the employer because she is employed at will and none of the exceptions to
employment at will apply in this case
11. Due process includes:
a. a clear statement of charges by the employer
b. an opportunity for the employee to respond to those charges
c. an investigation into the facts of the case
d. all of the above
e. none of the above
12. Regarding the termination of individual employees, it is NOT correct to say that:
a. the rights of the employee will depend upon whether she works in the private
sector or the public sector
b employers can effective avoid the legal consequences of termination by
effectively (but not officially) discharging employees
c. the rights of the employee will depend upon whether he works in a facility that is
unionized
d. the employer must follow the procedure for termination set down in the employee
handbook
13. 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:
a. breach of the covenant of good faith and fair dealing
b. promissory estoppel
c. intentional interference with a contractual relationship
d. implied contract
e. infliction of emotional distress
14. Among the factors considered by the courts in determining whether a quit was actually a
constructive discharge are all of these EXCEPT:
a. demotions
b. reductions in job responsibilities
c. reassignment to greater responsibility
d. badgering
e. reassignment to work under a younger supervisor
15. 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?
a. the employee has suffered discrimination
b. the employee has suffered a constructive discharge
c. the employee has quit
d. none of these
16. 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?
a. the employee has suffered discrimination
b. the employee has suffered a constructive discharge
c. the employee has quit
d. none of these
17. 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:
a. give the employee a “warning,” the firs step in your employee handbook’s
progressive discipline process, warning him that he must stop protesting
b. tell the employee that you do not approve of his conduct, and that it will be taken
into account when he comes up for a raise of promotion
c. ask the employee to wear some other shirt while protesting, so that people don’t
think your company is also protesting
d. terminate the employee
e. a and b
18. 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:
a. The employee alleges that he was offered a month’s severance pay in exchange
for a release of claims against the company.
b. The employee alleges he was never told why he was being fired, and thinks it was
because he is Irish. He claims discrimination based on national origin.
c. The employee alleges he was only given 2 hours to clean out his desk, while a
security guard watched.
d. The employee alleges he was called into the HR manager’s office 4 times over the
past 6 months, and given warnings that he was not performing satisfactorily. He
alleges that this constitutes harassment.
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:
a. The employee who was injured is exercising a legal right, and may not legally be
terminated for doing so, based on the public policy exception to employment at
will.
b. The employee who was asked to get a signed release for an on-the-job injury is
refusing to perform an illegal act, and may not legally be terminated for doing so,
based on the public policy exception to employment at will.
c. The owner of the car dealership is within his rights to try to reduce the costs to his
company by whatever means he can.
d. The owner’s dinner table this Thanksgiving will likely be missing the owner’s
brother and nephew.
e. all of these are true
20. This occurs when a party takes action in reliance on the promise of another, who then
breaks that promise.
a. promissory estoppel
b. intentional interference with a contractual relationship
c. retaliation for an act supporting public policy
d. none of these
ESSAY QUESTIONS
1. Why is each of the following good legal advice?
a. Resignations should be documented in written resignation agreements that stipulate the
voluntary nature of the resignation
b. Terminated employees should be provided with a clear and succinct statement of the
reasons for their termination
c. Discipline should be administered in a consistent fashion
d. Unionized employers must communicate any significant changes in rules to employees
and their union before enforcing those new rules.
e. Prior to termination, public employers must provide employees with notice of the charges
against them, an explanation of the evidence, and an opportunity to respond.
f. Employers should incorporate disclaimers into employee handbooks and other documents
defining the employment relationship
2. You are the Director of Human Resources for a medium sized company private company
and have discharged Aimee, a 25 year old black at-will employee for poor work, constant
tardiness, and taking longer breaks than authorized by company policy. She is not well
liked by her fellow workers and her work is indeed slightly below satisfactory levels.
Company files evidence numerous sub-standard reviews and that her conduct persisted
despite numerous written warnings. You are confident that the company has proper
cause to terminate Aimee whether she was at-will or not. When you call her into your
office to notify her of her termination, she gets very indignant saying that her work is fine
and that she’s not the only one late or abusive of break periods. She then asserts that
she’s being singled out because of her sex and her race. She asks about severance pay
and you notify her that there will not be any. Aimee then informs you that she is going to
sue the company for wrongful termination based on discrimination and for severance pay.
The company does not want Aimee to work there any more under any circumstances but
does not want the cost or publicity that a law suit would bring. What would you suggest
to possibly abate the law suit?