1. Select the best definition of whistleblower:
a. the sole goal of modern ethics training
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. a narrow exception under the general rule of at-will employment
d. people who report unethical or illegal activities under the control of their employers
2. 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. any non-discriminatory reason
III. complaining about illegal activity in the workplace
IV. only for good cause
a. a. I only
b. b. II only
c. c. I and II
d. d. III and IV
3. Exceptions to the rule of employment-at-will include which of the following?
I. organization of unions
II. passage of Sarbanes Oxley Act
III. raising of public policy issues
IV. promise of implied-contract or covenant-of-good-faith
a. I only
b. II only
c. I and II
d. I, II, III, IV
4. 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
5. Ag Gag would criminalize:
a. undercover video recordings showing animal cruelty
b. recordings of public health violations occurring in agricultural facilities
c. Both a. and b.
d. Neither a. nor b.
6. The National Labor Relations Board has stated that the right to discuss working conditions
freely and without fear of retaliation should exist at the work site. However, the Board
believes the same right does not exist online.
a. True
b. False
7. The Constitution does not always protect free-speech rights for what public employees say
on the job. Which of the following is true?
a. When a citizen enters government service, the citizen need not accept certain limitations
on his or her freedom.
b. Public employees may speak out on matters of public concern and have First Amendment
protection but not when they speak out in the course of their official duties.
c. As public employees speak out and receive First Amendment protection, there is an
acceptable chilling of the speech of all potential whistleblowers.
d. None of the above
8. To determine whether a public employee receives First Amendment protection from speech
(and therefore cannot be fired for it), the Supreme Court has stated that all of the following
are important except:
a. The employer must have a justification for treating the employee differently than it
would treat a member of the general public.
b. The speech cannot be about political topics.
c. The speech must be about something of great public concern.
d. The speech cannot be made as part of the employment (such as an internal
memorandum).
9. When Qui Tam whistleblowers against the pharmaceutical industry were questioned about
their motivation, several reasons were mentioned. Which of the following was NOT given as
a reason?
a. Potential risk to public health.
b. Unfair employment practices.
c. Financial reward.
d. Self-preservation.
10. According to research, what are the characteristics of the typical whistleblower?
11. According to the Montana Wrongful Discharge from Employment Act, what are the three
elements of a wrongful discharge?
12. How was Ken Kendrick of The Peanut Corporation of America a typical whistleblower? An
atypical whistleblower?
13. Explain what happened in the 1968 Supreme Court’s re-interpretation of the First
Amendment to the U.S. Constitution regarding public employees’ limited speech protections.
14. Describe at least two other times since the Pickering decision in which the Supreme Court
revisited the ruling. What were the outcomes?
15. As discussed in the text, False Claims Act or qui tam suits have been successful in the health
care industry. The text mentions several things that all these successful claims have in
common. Discuss those things.
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