$1.$ Please answer the question: Which situation would be most accurately described as a constructive discharge? $(***$ please choose the correct option A or B$)$

Which situation would be most accurately described as a constructive discharge?

A$)$Brad Jones, a software developer for ABC Corporation, was unhappy to discover that his company was bought out and merged with DEF Corporation. The new ABC$-$DEF corporation continued paying Jones his current salary and kept him at the same position with the same title at the same location. However, he had to learn to use a new type of software in order to continue to do his job. Additionally, the merger made it so that he had to start sharing an office with another developer. Although his employer installed two cubicles in the office that reached the ceiling that were made of sound$-$muffling materials, Jones could sometimes still hear his coworker when she was talking on the phone. His productivity stayed the same, but he found his new work environment annoying. One day, Jones heard the faint sound of his coworker laughing, and he left the company in a fit of rage, yelling, "I quit" as he walked out the door.

B$)$ Suzy Smith, a marketing manager at XYZ Corporation, got a new supervisor, Sam Smith, and suddenly began receiving menial tasks and started being excluded from key meetings. Additionally, Smith frequently made derogatory comments about her abilities in front of colleagues and moved her office to an unused storage closet. Despite reporting all of this to HR$,$ no action was taken. As this work environment continued, Jane$$s health deteriorated due to stress, leading her to resign.

$2.$ Please answer the question: Definition from chapter $16$ and $17$ from textbook: Employment Law for Human Resource Practice, $7$th Edition, $(2024)$ David J$.$ Walsh: The legal doctrine which holds that in the absence of a contract promising employment for a specified duration, the employment relationship can be severed at any time and for any reason not specifically prohibited by law, and the reasons for termination matter if the employee can show that one of the recognized types of wrongful termination claims applies $(***$ please choose the correct option A$-$D$)$

A$)$pure employment at will

B$)$just cause$/$due process standard

C$)$employment at will with exceptions

D$)$all of the above

$3.$Please answer the question True or False: Terminations can be challenged on constitutional, statutory, and common law grounds $(***$ Please choose if it is True or False$)$

$4.$Please answer the question: When it comes to the public policy exception to employment at will, employers can't fire an employee for refusing to commit an illegal act, $\_\_\_\_\_\_$ performing a public duty, or reporting illegal activity $($whistleblowing$)(***$ please choose the correct option A$-$D$)$

A$)$excessive absences and tardiness

B$)$making discriminatory statements to coworkers

C$)$disagreeing with a supervisor

D$)$exercising a legal right

$5.$ Please answer the question True or False: An employee manual can create an implied contract modifying an at$-$will employment relationship if it contains clear, repeated assurances that employees will not face termination for specific actions such as reporting misconduct $(***$ Please choose if it is True or False$)$

$6.$ Please answer the question: The $\_\_\_\_\_\_$ Act offers whistleblower protections to employees who report suspected fraud or otherwise assist in proceedings related to fraud against shareholders of publicly traded companies $(***$ please choose the correct option A$-$D$)$

A$)$Freedom of Information Act

B$)$Occupational Safety and Health Act

C$)$Sarbanes$-$Oxley Act

D$)$The American Whistleblower Protection Act

$7.$ Please answer the question: Nonunion, private$-$sector employees can be terminated for any reason that is not specifically illegal through the use of whatever decision process the employer deems appropriate. However, the termination of other certain classes of employees must meet the just cause$/$due process standard, such as $\_\_\_\_\_\_\_\_\_\_(***$ please choose the correct option A$-$F$)$

A$)$unionized employees

B$)$government employees

C$)$Montana employees

D$)$employees who have a contract

E$)$people recently reinstated from military service

F$)$all of the above

$8.$ Please answer the question: $\_\_\_\_\_\_\_\_\_$ rights are the rights of employees to have union representation during investigatory interviews that they believe might result in disciplinary action $(***$ please choose the correct option A$-$D$)$

A$)$Bastien

B$)$Kindergarten

C$)$Weingarten

D$)$Getchell