1. Bertram Brace is a maintenance engineer and a mediocre employee. After receiving his final written warning for poor performance, he took a leave of absence to have back surgery. His doctor released him to return to work, but with permanent lifting restrictions of no more than 20 lbs. He cannot return to his old maintenance engineer position because of this restriction, but he asks to move to an inventory control position that is vacant. You verify that he meets the qualifications for that job and you inform the inventory manager that Bertram wants the vacant job. The manager tells you he has interviewed an outside candidate for the inventory control position whom he really wants to hire instead of Bertram. He tells you: I dont want Bert in that position. Bert was a lazy employee before his surgery, and he had a terrible attitude. This guy I found has experience working in this job for one of our competitors. He has excellent references and he is going to be a much better fit. What do you tell the inventory manager? Does Bert get the transfer or not, and why?

2. True or False. If an employee complains about unlawful accounting practices and the investigation leads to a conclusion that the conduct complained about was not unlawful, the complaint would not be a protected complaint that could give rise to a retaliation claim.

3. True or False. It would be an adverse employment action for a manager to raise his/her voice and be rude to a subordinate employee.