Exam 3: Whistleblowing: Conflicting Loyalties

To determine whether a public employee receives First Amendment protection for her speech (and therefore cannot be fired for it),the Supreme Court has said all of the following except:

Frank was working as an administrative assistant in the Pentagon. One day,his supervisor stopped at his desk and told Frank that the work he had been doing lately has been filled with mistakes and sloppiness. Frank responded by saying,"You are a fascist,just like everyone else who works here!" If Frank was fired and he claimed his free speech rights were violated,the federal government could successfully argue that his speech would not be protected by the First Amendment.Which of the following reasons would not support the government's argument.

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

Select the best definition of whistleblower:

What legal standard is used to evaluate whether a state law that restricts content-based speech violates the right to free speech?

Explain why the plaintiff in Sullivan v.Harnisch was distinguishable from the plaintiff in Weider v.Skala,according to the Court of Appeals of New York?​

In additional to whistleblowing,explain at least two other exceptions to at-will employment.​

Harold worked as an assistant store manager for a major retail company in Montana. Normally,the company relies on him to work forty hours a week,but last month,he was called for jury duty and was selected to serve on a jury for a trial that lasted three weeks. His boss told him to make up an excuse for why he could not serve on the jury so he did not have to miss work. Harold refused to lie and,when he finished jury duty and returned to work,he was informed that he no longer had a job. Another employee that filled in for him in the role of assistant store manager was given his job permanently. Explain whether this violates Montana's Wrongful Discharge from Employment Act.​

Explain why a company would want to develop an effective internal whistleblowing system.​

Which of the following is true regarding the free speech rights of government employees?

What is an Ag-Gag law?

The general rule of at-will employment does not apply to which of the following? I. Those involved in union organizing II. Those who report financial misconduct in publicly traded companies III. Whistleblowers IV. Those who are fired because of their membership in a protected class

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. The employer's need to cut costs III. complaining about illegal activity in the workplace IV. only for good cause

The federal False Claims Act can be beneficial for both the government and whistleblowers because both can benefit financially from successful qui tam lawsuits.​

Explain how the Supreme Court has developed the law regarding the free speech rights of public employees.​