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.If Ricardo comes to the U.S.to work with appropriate documentation,for how long will he generally be authorized to work?

In CASE 12.1Perez v.Progenics Pharmaceuticals,Inc.(2013)plaintiffPerez was a chemist who was fired after issuing a memo disputing the company's public representations to shareholders,calling it "fraud" and "illegal." Perez sued claiming his termination was in retaliation against him,in violation of Sarbanes-Oxley.

The Fair Labor Standards act does not limit the number of hours that an employee may work in a workweek or workday,as long as the employee is paid appropriate overtime.

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

Because of sufficient federal protection,states have not enacted laws addressing illegal immigration.

Which of the following federal laws governs most employer-sponsored retirement plans as well as many other types of employer-sponsored employee benefit plans?

The National Labor Relations Act prohibits employers from discriminating against any employee to encourage or discourage membership in any labor organization.

In the Harris v.Quinncase discussed in the text,the State of Illinois attempted to compel __________ chosen by Medicaid to pay their __________ fees to the bargaining representative representing their union.

In the Garcetti v.Ceballos case discussed in the text,Ceballos a deputy district attorney with the Garcetti's Los Angeles District Attorney's office,wrote a memo to his supervisors recommending they dismiss a case based on factual inaccuracies in the affidavit that secured a search warrant.Thereafter,Ceballos claimed he suffered retaliation and denial of promotion,and filed suit against the DA's office claiming violations of his First,Fourth and Fifth Amendment rights.The U.S.Supreme Court held:

States vary in their willingness to enforce noncompete agreements.

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

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?

Which of the following are included within OSHA requirements regarding posting of information?

Because federal law preempts the area,states have not enacted legislation regarding drug testing of private employees.

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.

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?

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

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

Rights under the Employee Polygraph Protection Act can be waived in advance by the employee.

A(n)__________ plan is a defined contribution pension plan funded with contributions by the participants or a combination of participant and employer contributions.