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MGMT 1110 - CH 16 & 17 Test
Terms in this set (20)
Which of the following is NOT true of a trade secret?
it must be registered with the government
Regarding the termination of individual employees, it is NOT correct to say that:
employers can effective avoid the legal consequences of termination by effectively (but not officially) discharging employees
This occurs when a party takes action in reliance on the promise of another, who then breaks that promise.
The legal environment for public employees differs from private sector employment in all of these ways EXCEPT:
are covered by civil laws
Changes in benefit plans are under "serious consideration" when:
top managers meet to discuss implementation of a specific plan
An employment manual contains a notice and disclaimer that the employment is entirely "at will," and also contains a progressive discipline system which recites an escalating series of notices and warnings before termination. If an employee is terminated immediately, and the progressive discipline system is not followed:
the termination is suspect because the progressive discipline system was not followed
A salesperson makes a large sale for which she is entitled to a commission. To avoid making the payment, the employer terminates the employee. The legal claim that best applies to this termination is:
breach of the covenant of good faith and fair dealing
Regarding the bankruptcy filing of an employer, which of the following statements is NOT true?
employees are secured creditors
Legal issues concerning downsizing include all of these EXCEPT:
the cost of downsizing
In a constructive discharge:
a quit is treated as a termination because circumstances forced the employee to leave
Which of the following is NOT a type of restrictive covenant?
Which of the following employees is most likely eligible for unemployment insurance?
Ophelia quits her job because of a pervasive and continuing hostile environment
Under the WARN Act:
large employers may have to give several notice of layoffs
Just cause is required for the discipline or discharge of unionized employees because:
labor agreements require it
To be eligible for unemployment insurance:
the employee must be involuntarily unemployed
Among the factors considered by the courts in determining whether a quit was actually a constructive discharge are all of these EXCEPT:
reassignment to greater responsibility
Due process includes all of these EXCEPT:
representation by an attorney of the employee's choice
Because of the worsening economic situation, your firm needs to drastically cut back, and downsize up to 40% of its workers. The firm has a reputation and tradition of being a firm that rewards the good skills and loyalty of its workers, and many have been with your firm for more than 30 years. The firm has been in your family for more than 100 years, and you are the 3rd generation CEO. Frankly, what would help the most is to lay off all of those workers who are earning in excess of $80,000/year, retaining those who are earning between $40,000 and $50,000/year. That would reduce your overhead dramatically (and your health insurance costs). But almost all of the workers who earn in excess of $80,000 are age 50 or over, and unlikely to ever find comparable jobs elsewhere. Which of the following options would be consistent with your firm's core values and its long-term survival?
either b or c might be consistent with your core values and long-term survival
A 52 year old employee with 34 years on the job was downsized during a RIF. On a new performance scale prepared for the RIF, the one item at which she excelled was eliminated, and she scored badly, compared to a younger worker with less experience. The younger worker was retained. Earlier that same year, the supervisor of the 52 year old had rated her as "doing a great job." She sued under the ADEA. On a Motion for Summary Judgment, what should the court decide?
for the employee, because she had raised material questions of fact, so that summary judgment was reversed, and the case remanded for trial
Which of the following is a circumstance under which the public policy exception to employment at will is NOT recognized?
termination for refusing committing an illegal act
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