Exam 2: The Duty of Loyalty: Whistleblowing
Explain what happened in the 1968 Supreme Court's re-interpretation of the First Amendment to the U.S. Constitution regarding public employees' limited speech protections.
In 1968, the case of Pickering v. Board of Education addressed a public school teacher's criticism of the local school board. The Court weighed "the interests of the teacher, as a citizen, in commenting upon matters of public concern" against the State (a.k.a. the school board). The Pickering case gave public employees limited speech protection.
Under the legal doctrine of "employment at will" an employee can be lawfully terminated from her job for:
I. wearing a shirt that clashes with her suit
II. any non-discriminatory reason
III. complaining about illegal activity in the workplace
IV. only for good cause
C
How was Ken Kendrick of The Peanut Corporation of America a typical whistleblower? An atypical whistleblower?
Mr. Kendrick's was a typical whistleblower because he tried to resolve the issue internally with his manager and the CEO. He was an atypical whistleblower because he next tried to deal with the problems anonymously and then left the company without doing anything more until a salmonella outbreak at a different PCA plant. Second, although he realizes that he did the right thing, he sees himself as more of a "prison snitch" than a whistleblower.
The Constitution does not always protect free-speech rights for what public employees say on the job. Which of the following is true?
When Qui Tam whistleblowers against the pharmaceutical industry were questioned about their motivation, several reasons were mentioned. Which of the following was NOT given as a reason?
The National Labor Relations Board has stated that the right to discuss working conditions freely and without fear of retaliation should exist at the work site. However, the Board believes the same right does not exist online.
The Food Safety Modernization Act:
I. offers some protections for whistleblowers
II. covers vegetables, seafood and dairy
III. covers eggs and poultry
IV. gives the FDA power to make mandatory recalls
Exceptions to the rule of employment-at-will include which of the following?
I. organization of unions
II. passage of Sarbanes Oxley Act
III. raising of public policy issues
IV. promise of implied-contract or covenant-of-good-faith
As discussed in the text, False Claims Act or qui tam suits have been successful in the health care industry. The text mentions several things that all these successful claims have in common. Discuss those things.
According to research, what are the characteristics of the typical whistleblower?
According to the Montana Wrongful Discharge from Employment Act, what are the three elements of a wrongful discharge?
Describe at least two other times since the Pickering decision in which the Supreme Court revisited the ruling. What were the outcomes?
To determine whether a public employee receives First Amendment protection from speech (and therefore cannot be fired for it), the Supreme Court has stated that all of the following are important except:
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