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ALTERNATE CASE PROBLEM ANSWERS
CHAPTER 34
EMPLOYMENT, IMMIGRATION, AND LABOR LAW
34-1A. Wrongful discharge
The court dismissed Fredrick’s suit, and he appealed to the U.S. Court of Appeals for the
Seventh Circuit. The appellate court reversed the dismissal with respect to the claim of
retaliatory discharge. The court recognized that “the tort of retaliatory discharge occurs when an
34-2A. Performance monitoring
The defendants filed a motion for summary judgment, which the court granted, and Griffin
appealed. The U.S. Court of Appeals for the Seventh Circuit affirmed the lower court’s decision.
The appellate court pointed out that “the defendants informed COD telecommunicators and
34-3A. Hours and wages
The court concluded that the plaintiffs were entitled to overtime compensation under the Fair
Labor Standards Act (FLSA), and Coca-Cola appealed to the U.S. Court of Appeals for the
Tenth Circuit. The appellate court reversed the decision of the lower court, concluding that the
employees were exempt from FLSA’s overtime requirements because they were “outside
B-2 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERS—CHAPTER 34
34-4A. Performance monitoring
The court dismissed the claim. The court pointed out that “[w]hen considering an invasion of
privacy claim in the employment context, it is important to consider whether the employee had a
reasonable expectation of privacy in the area searched or matters investigated. To maintain a
claim for invasion of privacy, the intrusion must be unreasonable, unjustified, or unwarranted.”
34-5A. Unfair labor practice
The Public Employment Relations Board’s (PERB’s) administrative law judge found that the
Department had committed an improper practice by blocking Darcy’s access to the e-mail
system. On review, however, PERB reversed this decision and dismissed the charge. Through
Roger Benson, PEF’s president, in an action against Michael Cuevas, PERB’s chairperson,
Darcy appealed to a New York state intermediate appellate court, which affirmed the dismissal
34-6A. Collective bargaining
The National Labor Relations Board (NLRB) found that Verizon New York, Inc. (VNY) had
committed an unfair labor practice by failing to give the Communications Workers of America
APPENDIX B: ALTERNATE CASE PROBLEM ANSWERS—CHAPTER 34 B-3
(CWA) an opportunity to bargain over the elimination of blood drives during paid work-time. VNY
34-7A. Workers’ compensation laws
The court denied her petition, and two state intermediate appellate courts upheld the denial.
Zoucha appealed to the Nebraska Supreme Court, which reversed the lower court’s decision
and remanded the case for a determination of benefits. The state supreme court recognized that
to recover workers’ compensation, a claimant must establish that an injury was an accident and
34–8A . Employment at will
Yes. Ellis was an at-will employee. Either he or his employer could end their employment
relationship at any time. Unless a contract, a statute, or a court declares otherwise, employer-
employee relationships are considered to be “at will.” Under the employment at-will doctrine,
either party can end an employment relationship at any time and for any reason. Federal
B-4 APPENDIX B: ALTERNATE CASE PROBLEM ANSWERS—CHAPTER 34
34–9A. Unfair labor practices
Certain union activities are unfair labor practices. A significant union unfair labor practice is
using coercion to influence an employee’s decision to participate or not participate in union
activities. Thus, it is unlawful for a union to threaten an employee with the loss of a job for a
failure to join the union. Another significant union unfair practice is discrimination. A union can
34-10A. A QUESTION OF ETHICS
1. Yes. The court ruled in Cline’s favor, Wal-Mart appealed, and the U.S. Court of
Appeals for the Fourth Circuit upheld the lower court’s judgment. The appellate court explained
that “FMLA entitles eligible employees to take up to twelve weeks of unpaid leave in any twelve
2. FMLA can be seen to reflect the realities of today’s world. Nearly two-thirds of women
with children now work outside the home. Additionally, about a fourth of adults now provide
care of elderly relatives or anticipate the need to provide this care within the next five years,
APPENDIX B: ALTERNATE CASE PROBLEM ANSWERS—CHAPTER 34 B-5
3. There are arguments in favor of, and arguments against, the statement. The great
