Part 1

Required information

The starting point for analyzing the legal relationships between employers and employees is the employment-at-will doctrine, a deep-seated common law rule that exists in some form in every U.S. jurisdiction. However, several important exceptions limit the applicability of the rule.

Read the case below and answer the questions that follow.

Great Metro Movers employs several people. Grant was hired eight months ago to pack boxes to for customers that were moving. When he was hired, the only correspondence between him and Great Metro in his hiring was his start date and what his hourly wage would be. Sue was hired to be a vice-president of Great Metro. When she was hired, she and Great Metro agreed to enter employment contract in which she will be the vice-president for the next five years.

Grants employment is likely governed by which of the following?

1. The fair labor standards doctrine.
2. The employment-at-will doctrine.
3. The full-employment doctrine.
4. The covenant of good faith.
5. The covenant of fair dealing.

If Grant is terminated, how much notice is Great Metro required by law to give him?

1. Ten days
2. Two weeks
3. Two days
4. One month
5. None of the choices are correct

If Grant is terminated, how many weeks of severance pay must Great Metro give him?Top of Form

1. One
2. Two
3. Four
4. Zero
5. Twelve

If Grant were to join a company union and become a covered entity, which of the following would likely determine his work conditions and salary?

1. The employment-at-will doctrine
2. A collective bargaining agreement
3. The covenant of good faith and fair dealing
4. An implied contract
5. The False Claims Act

Sue will likely only be terminated prior to the expiration of her employment contract if Great Metro can show which of the following?

1. Nothing, because of the employment-at will doctrine
2. Proximate cause
3. Good cause
4. Clear and convincing evidence
5. Probable cause

Part 2

Required information

The False Claims Act and several whistleblower statutes protect employees who report misconduct of the companies for which they work.

Read the case below and answer the questions that follow.

AirTech is a privately held company that does most of its business selling high tech supplies to the federal government for its aerospace programs. Delores is a bookkeeper for AirTech. While examining the books, Delores suspected AirTech of fraudulently billing the government for parts that it never delivered. Delores reported this to the CFO of the company, Cheryl. Cheryl understood that if fraudulent billing were found by the government, AirTech would lose its contract with the government and likely go bankrupt. Cheryl, therefore, told Delores that she would handle it and that she need not worry about it. Delores, unsatisfied with that result, then reported the suspect transactions to the proper government authority, who initiated an investigation into AirTechs contracts.

If the Government investigation reveals that AirTech committed fraud against the federal government, would Delores be covered by the False Claims Act?

1. No, because Delores is not employed by the federal government.
2. No, because the False Claims Act only applies to fraud against a state government entity.
3. No, because Delores did not report the fraud to the AirTechs board chairperson.
4. No, because AirTech is a privately held company.
5. Yes, because there was fraud in contracts with the federal government.

If the False Claims Act claim against AirTech is investigated by the Department of Justice, which of the following is correct?

I. The Justice Department can intervene and pursue the case on behalf of the federal government. II. The Justice Department can decline to intervene, and then Delores may pursue the claim on her own. III. Delores can only pursue the case on her own under state laws that are similar to the False Claims Act.

1. I only
2. II and III
3. I and III
4. I and II
5. II only

If the federal government recovers money from AirTech because of Deloress report, how much of the recovery typically will be paid to Delores?

1. 75-85 percent
2. 33-40 percent
3. 2-4 percent
4. 15-25 percent
5. None of the choices are correct

Suppose that the managers of AirTech are angry at Delores for reporting the fraud. If they decide to fire her, Delores may receive some protection as which of the following?

1. An intervenor
2. A whistleblower
3. A collective bargainer
4. An employee-at-will
5. A labor representative

If AirTech can show that it planned to fire Delores for poor performance prior to her reporting the fraud, but she was terminated after she reported it, which of the flowing would likely be AirTechs best defense in an anti-retaliation lawsuit?

1. Delores was an at-will employee.
2. The decision to fire Delores was because of the whistleblowing.
3. The decision to fire Delores was separate from and independent of the whistleblowing.
4. Delores was not a federal government employee.
5. Delores did not have an express employment contract.