Exam 12: The employment agreement

Fact Pattern 12-1 Ricardo, an Italian citizen, who is trained in a specialized form of computer programming that is 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.?

Melody just got out of law school and went to work at Big Law Firm. One of her first assignments is to help a partner who just got reassigned to the employment law section of the firm. The partner asks her to provide information regarding the legality of drug testing. What four factors should Melody tell the partner are considered in determining whether drug testing will be deemed permissible in a particular situation?

Which of the following is true regarding drug testing of public and private employees by employers?

Which of the following purport to give an employer the right to recoup some or all of an employee's stock option gain if he or she goes to work for a competitor within a certain period of time following exercise of the option?

List exceptions,if any,to the Employee Polygraph Protection Act's ban on polygraph testing.

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.

Assuming a jurisdiction permits noncompete agreements,which of the following is considered in determining whether restrictions are reasonable?

In states that apply the doctrine of ________,a defamatory statement by an employer to an employee may constitute publication where it is foreseeable that the employee would be required to repeat it.

Fact Pattern 12-2 Paige is 64 years old and would like to retire from her job at a large accounting firm. She, however, is concerned about health insurance. She would not be eligible for Medicare benefits until age 65, and due to some serious health conditions, she would not be able to obtain insurance in the private market. She has good health insurance at the accounting firm and is considering putting off her retirement so that she can keep it. -Refer to Fact Pattern 12-2. Assuming Paige exercises her rights under federal law to maintain her insurance with the accounting firm upon her resignation,which of the following is true regarding the premiums?

Generally,employees who earn less than _________ per week are automatically considered eligible for minimum wage and overtime as required by the Fair Labor Standards Act.

Programs in effect in some states requiring employers to pay employees wages approximating the real cost of living in the locality are called ______ laws.

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

Employers must complete a(n)_________ form showing verification of the identity and employment eligibility of all persons hired.

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. He also wants to know what he can expect from his supervisors,some of whom he is suspicious of supporting the union. What would you tell him?

Employees who must be paid both minimum wage and overtime as required by the Fair Labor Standards Act are referred to as _________ employees.

What standards are applied in regard to judicial review of ERISA decisions by plan administrators?

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

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

Pursuant to federal law,states have the same rules in place in regard to implied contracts of employment.

A private-sector employee can avoid at-will status by negotiating a contract that provides for a specific term of employment and defines how the contract can be terminated.