Exam 12: The employment agreement

Bertha works for Bad Taste,Inc.She has been employed for over 12 years by the company without a written employment contract.Last year Bertha was promoted to the position of executive secretary.The company policy manual issued 6 years ago promises that no employee may be terminated without 2 prior written warnings regarding poor job performance.Bertha has always received excellent job reviews.Recently the president resigned and was replaced by Fred,who promised to improve productivity by 20%.Bertha has just learned from Fred that she is being replaced by Sheila,who was Fred's former executive secretary.What claims may Bertha make against Bad Taste,Inc.for wrongful discharge? Does the company have any defenses? Discuss fully. ng.

Fact pattern 12-1 Ricardo,an Italian citizen,who specializes in a specialized form of computer programming that his highly in demand is interested in coming to work in the U.S.A friend of his told him that he could come to the U.S.but that he would not be protected by U.S.employment laws and regulations.Ricardo also understands that a strictly enforced rule is that he could only work in the U.S.for three years.Ricardo is inclined to come to the U.S.but would like additional information regarding his rights and the process. -Refer to fact pattern 12-1.Which of the following would enable Ricardo to work in the U.S.?

Under federal law,it is illegal to employ anyone under the age of _______,except in specified agricultural occupations.

The Employee Polygraph Protection Act generally makes it unlawful for employers to

Which of the following is not typically true of a state workers' compensation statute?

Traditionally,defamation law requires ______,meaning that the communicator of the defamatory information must disclose the information to a third party.

OSHA has safety requirements but no requirements regarding recordkeeping.

States vary in their willingness to enforce noncompete agreements.

The enforceability of a covenant not to compete is evaluated by applying which of the following criteria?

The ________ Amendment is the most significant limitation on the right of a public employer to force drug testing on its employees.

Joe is the owner of a manufacturing company called ProfitMax.Joe finds out that a union is attempting to organize the employees at ProfitMax.Joe tells you that he will never deal with a union and that he has no plans to pay a higher wage if the union is elected.Joe has plans to tell his supervisors that they may not encourage union activity.Joe has plans to do surveillance regarding which employees attend union meetings so that he can fire them.He is also going to announce to all employees that they will get a raise if they vote against the union.He asks you what his obligations are if the union gets elected and if his other plans are legal.What would you tell him?

The Fair Labor Standards Act requires that,with some exceptions,every employee be paid _________ for hours worked in excess of _________ in a workweek.

Under the Fair Labor Standards Act,_________ professionals must have the primary duty of the performance of work requiring invention,imagination,originality,or talent in a recognized field of artistic or creative endeavor.

What type of statutes protect employees who report illegal activities going on within their company?

Which of the following would be considered a "recognized hazard" in the workplace?

One of the requirements to qualify as an executive under the Fair Labor Standards Act is that the employee customarily and regularly direct the work of _________ other employees.

Which of the following is true regarding compensation for hours worked under the Fair Labor Standards Act when an employee is asked to be on standby - that is,available to return to work while off duty?

Around half the states originally followed the employment-at-will rule.

The majority of states have refused to adopt the doctrine of self-publication to support a cause of action for defamation.

What does OSHA require regarding posting of information?