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True / False
1. A tort can be defined as a civil wrong.
a. True
b. False
2. The National Labor Relations Act preempts a requirement to submit the claim to binding arbitration, and sovereign
immunity, where public employers are targeted.
a. True
b. False
3. One of the most commonly committed workplace torts is defamation.
a. True
b. False
4. Defamation and slander are two kinds of libel.
a. True
b. False
5. Since business defamation is a per se tort, it cannot amount to strict liability even if the plaintiff has proved that the
damaging statement was published.
a. True
b. False
6. Qualified privilege is recognized by law.
a. True
b. False
7. Private employers are not covered by qualified privilege.
a. True
b. False
8. Negligent infliction of emotional distress is not recognized by any jurisdiction.
a. True
b. False
9. In context of employment laws, tortious interference with contract is a commonly committed tort.
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a. True
b. False
10. Retaliatory demotion cannot support a claim on wrongful discharge.
a. True
b. False
11. “Trade secret” is another name for proprietary information.
a. True
b. False
12. In most of the states’ common laws, it is an obligation for employees to respect the trade secrets of employers.
a. True
b. False
13. Confidentiality and non-competition agreements are entered into by the employers on behalf of the employees while
hiring the employees.
a. True
b. False
14. Misappropriation of trade secrets is considered a crime in some states.
a. True
b. False
15. Employers whose employees misappropriate trade secrets cannot be entitled to obtain an injunction in this regard as
employers shall be considered to have committed contributory negligence.
a. True
b. False
16. Which of the following can be considered to be a civil wrong?
a. Injunction
b. Tort
c. Ordeal
d. Ordinance
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Chapter 03: Commonly Committed Workplace Torts
17. Which of these forms of invasion of privacy is closely related to the tort of defamation?
a. Invasion of plaintiff’s solitude
b. Intrusion into plaintiff’s private affairs
c. Portraying plaintiff in a false light
d. Appropriating plaintiff’s name or likeness
18. Since business defamation is a ______, it can amount to strict liability once the plaintiff has proved that the damaging
statement was ______.
a. criminal offence; heinous
b. misdemeanor; unreasonable
c. per se tort; published
d. negligence; intentional
19. If a person intentionally writes or says false things about anyone at workplace, such an act amounts to:
a. fabrication.
b. ratification.
c. whistleblowing.
d. defamation.
20. Defamation by writing is known as:
a. writ.
b. slander.
c. libel.
d. dicta.
21. Defamation through speech is known as:
a. slander.
b. stipulation.
c. speculation.
d. libel.
22. The law recognizes a qualified privilege in all of the following instances except:
a. comments concerning an employee’s performance made to a supervisor.
b. comments concerning an employee’s performance communicated via company email.
c. an employer discussing an employee’s performance with his coworkers over lunch.
d. assessments of an employee, communicated by a former employer to a prospective employer.
23. Which of the following statements regarding privilege and private employers is accurate?
a. Private employers enjoy absolute privilege.
b. Private employers have qualified privilege.
c. Private employers are protected against suites even if they speak with malice.
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d. Private and public employers have sovereign immunity from suites.
24. If any person’s conduct causes emotional harm to the other, then it shall be considered as a case of:
a. intentional infliction of emotional distress.
b. negligent infliction of emotional distress.
c. professional misconduct.
d. traumatic behavior.
25. All of the following are elements of a prima facie case of intentional infliction of emotional distress except:
a. an extreme and outrageous conduct by the defendant.
b. the defendant did not intend but has caused emotional distress.
c. the plaintiff has suffered severe emotional distress.
d. the distress was a direct result of the defendant’s extreme and outrageous conduct.
26. Third party must interfere for an improper reason, such as animosity toward the plaintiff, and not for a valid business
reason, in order to be held responsible for the tort of:
a. infliction of emotional distress.
b. defamation.
c. tortious interference with contract.
d. slander.
27. A tort that is based on the wrongful discharge cause of action is known as:
a. punishment.
b. negligence.
c. promotion.
d. retaliatory demotion.
28. In the context of the chapter, the term “trade secrets” is synonymous with:
a. military information.
b. business intelligence.
c. proprietary information.
d. personal information.
29. Employers reinforce their common law rights by:
a. issuing injunctions and suing for damages.
b. requiring employees to sign confidentiality and noncompetition agreements at time of hire.
c. reducing the employees rank, salary, or job title as a punishment.
d. imposing regulations on their Internet usage and other external communication.
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30. Employers whose employees misappropriate the trade secrets are entitled to obtain:
a. injunction.
b. penalty.
c. remand.
d. custody.
31. In the Toler v. Süd-Chemie, Inc. case, an employer was accused of abusing:
a. laws of the company.
b. qualified privilege.
c. employee privacy.
d. contractual obligations.
32. In the Nelson v. Target Corporation case, the employer was found not guilty of:
a. intentional infliction of emotional distress.
b. negligent infliction of emotional distress.
c. tortious interference with contract.
d. defamation.
33. In the Bulwer v. Mount Auburn Hosp. case, the defendants were found not guilty of:
a. malevolence.
b. defamation.
c. specific performance.
d. slander.
34. In the Duty v. Boys and Girls Club of Porter County, the plaintiff’s claim succeeded because the alleged breach of
contract was:
a. malicious.
b. accidental.
c. not malicious.
d. not exclusively directed at the plaintiff.
35. In the Williams v. American Eagle Airlines, Inc. case, the plaintiff’s tortious interference with contract claim against
American Eagle was based on:
a. an invalid contract.
b. a collective bargaining agreement.
c. negligent interference.
d. discrimination.
36. In the Oliver v. Orleans Parish School Bd. case, the trial court’s determination that the defendant’s actions were
unauthorized and unjustified was ______, which defeats the tortious interference with contract claim.
a. libelous
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b. defamatory
c. “clearly wrong”
d. a breach of contract
37. An employee’s theft of her employer’s trade secrets is considered as a(n):
a. liability.
b. tort.
c. bailment.
d. injunction.
38. Guana Inc. persuaded Mandy, DOS Right Inc.’s top systems engineer, to “jump ship” and come over to Guana,
bringing all her notebooks and diskettes containing her work from DOS Right. Mandy accepted the offer since DOS Right
had reneged on a bonus that she believed she was promised, but was never paid. On these facts:
a. DOS Right does not have a remedy.
b. Mandy can claim for constructive wrongful discharge.
c. Guana may be liable for tortious interference with contract.
d. Mandy can claim for intentional infliction of emotional distress.
39. Robert, a mid-level manager at Revive Corp., was falsely accused of sexual harassment. In the course of its
investigation, the company questioned numerous co-workers about Robert, searched his office and computer files without
his permission, and interviewed his neighbors. Although the investigation produced no evidence of Robert’s guilt, he was
fired since the company’s president felt that the accusation was a poor reflection on the organization. If Robert sues
Revive, his complaint will likely contain counts of:
a. racial discrimination.
b. wrongful discharge.
c. tortious interference with contract.
d. felony.
40. Which of the following is a requirement to submit a claim to binding arbitration?
a. Fair Labor Standards Act Amendment 12
b. Equal Employment Opportunities Commission’s Form 22-A
c. National Labor Relations Act preemption
d. North American Free Trade Agreement’s Form 17-C
41. What kind of precautions do employers use to guard their valuable intellectual property from misappropriation by
disgruntled, departing employees?
a. Contributory negligence
b. Infringement of trade mark
c. Tort of trade secret
d. Non-compete clause
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42. If a communication tends to harm the reputation of an individual to lower him or her in the estimation of the
community or to deter third persons from associating or dealing with him or her, this is considered a:
a. felony.
b. defamation.
c. misdemeanor.
d. strict liability.
43. When a person is protected by ______, the remarks made will be immune from a defamation suit, if the person has
made them in good faith.
a. qualified privilege
b. sovereign immunity
c. strict liability
d. vicarious liability
44. The imputation of crime, disease, and those affecting the plaintiff in his business, trade, profession, office or calling
are commonly recognized forms of:
a. per se defamation.
b. strict liability.
c. absolute liability.
d. negligence.
45. Which tort is only recognized by a minority of jurisdictions?
a. libel
b. negligent infliction of emotional distress
c. intentional infliction of emotional distress
d. slander
46. Julie harassed her co-worker Van by regularly tampering with his belongings and leaving threatening messages on his
desk. This repeated harassment caused Van to suffer from severe depression. In the above scenario, what type of tort can
Van claim on Julie?
a. negligent infliction of emotional distress
b. intentional infliction of emotional distress
c. absolute liability
d. libel
47. Which of the following is considered an offense with lower level culpability compared to intentional infliction?
a. Libel
b. Slander
c. Negligent infliction
d. Qualified privilege
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48. Under which law is the context of tortious interference with contract extracted from?
a. Unemployment law
b. Civil law
c. Criminal law
d. Employment law
49. The elements of retaliatory demotion are quite the same as:
a. wrongful discharge.
b. intentional infliction of emotional distress.
c. strict liability.
d. willful misconduct.
50. Which of the following applies to the protection of proprietary information by common law or state statute?
a. Employee’s social security number
b. Worker’s compensation
c. Trade secret
d. Trademark
Subjective Short Answer
51. Define the tort of defamation.
52. Explain the similarities and differences between libel and slander.
53. Explain the differences between libel or slander that is per se or not per se.
54. Which is business defamation?
55. How can a person be immune from a defamation suit if he is protected by qualified privilege?
56. How does the court recognize qualified privilege?
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57. Why have some courts been reluctant to adopt the tort of intentional infliction of emotional distress?
58. If a state recognizes tort of negligent infliction of emotional distress, how will the defendant of that state be liable for
damages?
59. How is a third party responsible for tortious interference with contract?
60. How are retaliatory demotion cases different from wrongful discharge suits?
Essay
61. What is a tort and how it is applicable in employer-employee relationships?
62. In defamation per se, what does “per se” connote?
63. What is qualified privilege and which kind of privilege is provided to public and private employees?
64. Why do courts shy away from negligent infliction of emotional distress?
65. What is the remedy for an employer in case of theft of trade secrets by a former employee?
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