Mgt 380

Chapter One Discussion/Reflection Questions: All names are fictitious.

1. Talk Radio and the Attorney: “Ask the right questions”

Attorney Jack Doe, a former Anytown Assistant District Attorney, has sued his other former employer,Weel DeFen Yoo law firm, for wrongful termination. Jack was “fired” after he publicly criticized the Anytown County District Attorney Sue Slick and was quoted in the Anytown Timesattacking Slick’s record on public corruption cases. Jack claims that the day after the Times report, the firm’s partner, Bea Weel, told him that his comments embarrassed the firm and potentially caused problems for a client being investigated by Slick’s office: Bea then fired Jack. Assume you have just been named a juror (member of the jury) at this trial. What questions do you have that you will want answered during the trial to help you decide whether Jack was wrongfully terminated?

2. The Police Officer turned Author: “You be the judge”

Anytown Police Officer Coy Pennwrote and self-published a book, “Bad Cops” in which he criticizes the Anytown Police Department for “criminal and immoral conduct.” He was fired from his job and has sued for wrongful termination. The Anytown Police Department defends that the book was filled with sexist, racist, and anti-gay statements about police officers referred to by thinly-veiled pseudonyms and that it had an extremely disruptive effect on co-workers. Supervisors reported that they had lost confidence in Coy. Coy maintains that he had a First Amendment right to “bravely challenge” the Police Department through his book. Was Coy wrongfully terminated? Explain your decision.

3. “Excuse me…may I have my paycheck?...”Name that claim”

A salesman thought that his employer owed him $111,000. When he complained internally, the company responded by telling him that if he pursued payment, he would be asking for trouble. He was terminated shortly thereafter and sued for wrongful termination He was awarded approximately $12 million in damages by a jury. What was the legal basis of his claim for wrongful termination?

  1. Name the “Whistleblower”: “spot check”

Which of the following employees is a “whistleblower?” Assume all are employees of Knottus Accounting Firm.

  1. Ann is a junior accountant at Knottus Accounting Firm. She tells her boss, Bill, that she believes the profit statements for a client look wrong. Bill scoffs and tells her that she”must learn to be a team player.”
  2. Joe files a claim for unpaid wages with the State Department of Labor.
  3. Kate is another junior accountant works with Ann and has noticed the same problems with profit statements. She calls the U.S. Securities and Exchanges Commission to report the violation.
  4. All of the above.

Which of the above employees is protected against retaliation as a “whistleblower?”

  1. Loyalty on Demand: The Restrictive Covenant and “the big picture”
  2. what “core value” is upheld by California’s rule regarding restrictive covenants not to compete with a former employer? How about the new laws protecting employees from termination for lawful conduct occurring during nonworking hours away from employers’ premises?
  3. Why do you think all states, including California, allow covenants not to use trade secrets? Confidentiality agreements?
  4. In what industries would you expect to find restrictive covenants on competition and use of trade secrets? In what types of jobs?
  5. What if a corporation has employees in both California and Colorado: could it have a restrictive covenant on competition after termination of employment?
  6. What type of work environment may be created with restrictive covenants?
  7. Review question: On her first day of work as a software designer for Macroware, Inc, a Los Angeles employer, Kim is presented with a “restrictive covenant not to compete.” She refuses to sign it and is terminated. Does Kim have a wrongful termination claim? Explain.
  1. Welcome Aboard,,,now don’t sue us: The Mandatory Arbitration Agreement and “the big picture.”
  2. Why would an employer require mandatory arbitration agreements? How would you (or did you) feel if you were required to sign such an agreement on your first day of work?
  3. Employers are allowed to terminate an employee for refusing to sign the mandatory arbitration agreement (or to revoke an offer of employment. If faced with this situation as a human resources manager, would you recommend that the employer do so?Explain.