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Introduction To Business Law 3rd Edition Jeff Rey F. Beatty, Susan S. Samuelson - Solutions
1. Did Wells undermine Dunlap intentionally?2. Under a traditional employment-at-will doctrine, did Ormet have the right to fire Wells?3. Did the court permit Ormet to fire Wells?
1. How did the court define the public policy doctrine?2. Is this holding a narrow or broad interpretation of the public policy doctrine?
Could an incompetent employee be fired under this ruling?
Does the public policy doctrine in Minnesota apply?
1. Why did Turner fire Noyes and Kozloski?2. Under a traditional employment-at-will doctrine, did Turner have the right to fire Noyes and Kozloski?
1. Did the court permit Turner to fire Noyes and Kozloski? 2. How did the court define the public policy doctrine?
Is this holding a narrow or broad interpretation of the public policy doctrine?
Is company e-mail private?
What was the “Jim Jones Koolaid affair?”
Match the following terms with their definitions:___ A. Equal Pay Act___ B. Right to sue letter___ C. ADEA___ D. Title VII___ E. ADA1. Statute that prohibits an employee from being paid at a lesser rate than employees of the opposite sex for equal work2. Statute that prohibits discrimination on the
True or False:1. In a disparate impact case, an employer may be liable for a rule that is not discriminatory on its face.2. Title VII applies to all aspects of the employment relationship, including hiring, firing, and promotion.3. If more whites than Native Americans pass an employment test, the
(Multiple Choice)1. Which of the following steps is not required in a disparate treatment case?A. The plaintiff must file with the EEOC.B. The plaintiff must submit to arbitration.C. The plaintiff must present evidence of a prima facie case.D. The defendant must show that its action had a
When Michelle told her boss that she was pregnant, his first comment was, “Congratulations on your pregnancy. My sister vomited for months.” Then he refused to speak to her for a week. A month later, she was fired. Her boss told her the business was shifting away from her area of expertise.
John Mundorf hired three women to work for Gus Construction Co. as traffic controllers at road construction sites in Iowa. Male members of the construction crew incessantly referred to the women as “f-king flag girls.” They repeatedly asked the women if they “wanted to f-k” or engage in
Peter Oiler was a truck driver at the grocery chain Winn-Dixie. He was also a transvestite—he liked to dress as a woman. When his supervisor at Winn-Dixie found out about his cross-dressing, Oiler was fired. Is Winn-Dixie in violation of the law?
The Lillie Rubin boutique in Phoenix would not permit Dick Kovacic to apply for a job as a salesperson. It only hired women to work in sales because fittings and alterations took place in the dressing room or immediately outside. The customers were buying expensive clothes and demanded a male-free
When Thomas Lussier filled out a Postal Service employment application, he did not admit that he had twice pleaded guilty to charges of disorderly conduct. Lussier suffered from post-traumatic stress disorder (PTSD) acquired during military service in Vietnam. Because of this disorder, he sometimes
Did Harrah’s requirement that women wear make-up violate Title VII?
1. Harrah’s “Personal Best” policy establishes different requirements for men and women. Isn’t that illegal?2. Do you mean it is legal to treat men and women differently in the workplace?3. But women had to wear make-up and men didn’t. Isn’t that a heavier burden?
Isn’t that obvious? Did the court think that make-up is free?
If a hospital or clinic refused to hire male OB-GYNs, would it be in violation of Title VII?
1. Would the hospital have a defense?2. Is this a legitimate defense?
To be a violation of Title VII, must sexual harassment seriously affect the employee’s psychologi cal well-being?
1. Would Hardy’s comments offend a reasonable woman?2. So why did the lower court rule against Teresa Harris?
Did the Supreme Court agree?
How can you tell if you are committing sexual harassment?
Is disparate impact a violation of the ADEA? Were these police officers adversely affected because of their age?
1. Can a plaintiff bring a disparate impact claim under the ADEA?2. Did the City of Jackson base its decision on reasonable factors other than age?
Is the scope of a disparate impact claim under the ADEA as broad as it is under Title VII?
Was Williams disabled, within the terms of the Americans with Disabilities Act? Did Toyota violate the ADA?
1. Could Williams perform her job at Toyota?2. Could Williams operate without assistance in her personal life?3. Was she disabled, under the terms of the ADA?
1. Do you agree with this decision? Is it compassionate?2. Why didn’t Toyota let her continue to perform just the two jobs she was capable of doing?
1. What is a disabled person?2. The twin sisters had 20/200 vision. Were they disabled?
1. Could you argue that they were not disabled?2. But didn’t their impairment prevent them from getting the job they wanted?
1. How many Americans currently have some disability as defined by the ADA?2. How many people have correctable disabilities?
Is it fair to give higher raises to younger officers?
Match the following terms with their definitions:___ A. ULP___ B. Exclusivity___ C. Collective bargaining unit___ D. Union shop___ E. Concerted action1. A specific group of employees that a union will represent2. The union’s right to be the sole representative of workers3. Management interference
True or False:1. The union and management are both obligated to bargain until they reach a CBA or a court declares the bargaining futile.2. Health benefits are a mandatory subject of bargaining.3. During the last two decades, labor unions have grown by about 15 percent in the United States.4.
(Multiple Choice)1. During a union organizing drive, management urges workers not to join the union and discusses a competing company which lost business after a union was formed. ManagementA. Committed a ULP by urging workers to reject the union, but did not do so by discussing a competing
Gibson Greetings, Inc. had a plant in Berea, Kentucky, where the workers belonged to the International Brotherhood of Firemen & Oilers. The old CBA expired, and the parties negotiated a new one, but were unable to reach an agreement on economic issues. The union struck. At the next bargaining
Fred Schipul taught English at the Thomaston (Connecticut) High School for 18 years. When the position of English Department chairperson became vacant, Schipul applied, but the Board of Education appointed a less senior teacher. Schipul filed a grievance, based on a CBA provision that required the
This chapter refers in several places to the contentious issue of subcontracting. Make an argument for management in favor of a company’s ethical right to subcontract, and one for unions in opposition.
Did the picketing employees violate the NLRA by demanding to bargain directly with management?
Justice Marshall devoted his professional life to equal opportunity. He was the lawyer who argued Brown v. Board of Education before the United States Supreme Court, the landmark case that ended racial segregation in public schools. How could such a determined advocate of racial fairness rule that
Was the NLRB’s order to bargain justified?
Presumably, all of these workers were employees at will. That means that management has the right to terminate them at any time. How can the company get in trouble for doing what it had a legal right to do?
1. Is the court ordering the company to allow a vote on the union?2. Why do courts use bargaining orders in cases like this?
Did the company commit an ULP?
1. What is a ULP?2. What ULP did the Board and the court conclude that Progressive committed?
1. Why did Progressive not want to hire union members?2. Aren’t increased expenses, such as higher wages, a legitimate reason for not hiring someone?
May an employer who has fired a worker for union organizing be ordered to pay back wages when the employee was illegally in the country?
1. What is the issue in this case?2. When did the company find out that Castro had no work authorization?
Why has this case taken so long to reach the courts?
Castro was never entitled to work lawfully in the United States, yet four justices believe he is entitled to back pay. How can that be?
How does the majority respond to the dissent’s points?
Should the arbitration award be affirmed even though the arbitrator relied on language that cannot be found in the CBA?
To support his ruling, the arbitrator quotes a provision of the CBA that does not exist! Why do both the trial court and the appellate court allow the arbitrator’s ruling to stand?
1. How rational is the award when it rests on phantom language?2. What did the court find?
Why doesn’t the court review the arbitrator’s decision de novo (anew), without taking his explanation into account?
What does that mean?
Was the district court correct in overruling the arbitrator on public policy grounds?
Make an argument in support of the arbitrator’s decision.
Make an argument opposed to the arbitrator’s decision.
In the court’s opinion, why have all of the arguments above become irrelevant?
Was the videotaping a ULP? Was the strike a ULP strike?
What difference does it make whether a strike is an economic strike or a ULP strike?
1. Why does the union claim that this was a ULP strike?2. What is the big deal about videotaping? Why does the court consider it so important?
The company claims it never committed a ULP. What are its arguments?
Why would anyone argue that “We didn’t do it but if we did we had a right to.” Doesn’t the second half undercut the first half?
What does the court decide about the videotaping?
1. Does that mean the workers win the case?2. Why not?3. Do the workers get their jobs back?
Why wasn’t it the cause of the strike?
Match the following terms with their definitions:___ A. FCBA___ B. FDCPA1. Requires lenders to disclose the terms of a loan2. Regulates credit reports___ C. FCRA___ D. ECOA___ E. TILA3. Regulates debt collectors4. Prohibits lenders from discriminating based on race, religion, and sex5. Regulates
True or False:1. If a store advertises a product, it must have enough stock on hand to fill every order.2. The FTC has established a national do-not-call registry.3. Under usury laws, lenders are limited in the amount of interest they may charge.4. Under the Truth-in-Lending Act, it does not
1. Which of the following statements is not true?A. Mail-order companies must ship a product within the time stated.B. If no time is stated, the mail-order company must ship within 30 days.C. If a company cannot ship a product when promised, the company must cancel the order unless the customer
Process cheese food slices must contain at least 51 percent natural cheese. Imitation cheese slices, by contrast, contain little or no natural cheese and consist primarily of water and vegetable oil. Kraft, Inc. makes Kraft Singles, which are individually wrapped process cheese food slices. When
Josephine Rutyna was a 60-year-old widow who suffered from high blood pressure and epilepsy. A bill collector from Collections Accounts Terminal, Inc. called her and demanded that she pay $56 she owed to Cabrini Hospital Medical Group. She told him that Medicare was supposed to pay the bill.
When customers called the number provided, New Rapids Carpet Center, Inc. sent salespeople to visit them at home to sell them carpet that was not as advertised—it was not continuous filament nylon pile broadloom, and the price was not $77. Has New Rapids violated a consumer law? Get enough
After TNT Motor Express hired Joseph Bruce Drury as a truck driver, it ordered a background check from Robert Arden & Associates. TNT provided Drury’s social security number and date of birth, but not his middle name. Arden discovered that a Joseph Thomas Drury, who coincidentally had the same
Advertisements for Listerine mouthwash claimed that it was as effective as flossing in preventing tooth plaque and gum disease. This statement was true, but only if the flossing was done incorrectly. In fact, many consumers do floss incorrectly. However, if flossing is done right, it is more
Did BCE violate §5 of the FTC Act? If so, what is the proper remedy?
1. Is it reasonable for someone to believe that they could make $150,000 per year by selling business cards?2. Did BCE tell the truth?3. Were these business card dealerships a good investment?4. Was it legal to sell them anyway?
Is it the role of the law to protect the silly and gullible?
Are the advertisements for the Helsinki Formula deceptive?
1. Could the Helsinki Formula cure or prevent baldness?2. Then why did 70% of the men who used the Helsinki Formula for six months or more report “positive results”?
What’s so bad about the placebo effect? As long as the men end up with more hair, who cares how or why?
1. Have students ever been the victims of bait and switch sales practices? Have they noticed what some stores do to prevent charges of baiting and switching?2. Is this a satisfactory solution?3. Many charities send out return address labels printed with the recipient’s name, hoping for a
Have these firms violated TILA?
Note that if Bonfiglio had borrowed money from a bank to pay the law firm, the bank would have had to comply with TILA. Why should the bank have to comply and not the law firm?
Is American Express liable to Gray for violating the FCBA?
1. Doesn’t American Express have the right to cancel an account whenever it wants?2. Gray had signed a contract with American Express that allowed the company to cancel a card whenever it wanted. He’s a law professor, for heaven’s sake. If he didn’t want to abide by American Express’s
Why shouldn’t American Express have the right to cancel an account anytime? Gray could always get another card from Visa or Mastercard.
What can you do if your credit report contains inaccurate information?
Did CEU violate the FDCPA?
1. Did Sherri Gradisher do anything wrong?2. Then why did she win this case?
1. In the scheme of things, who behaved worse—Gradisher or CEU?2. Did Allied Bond’s statement violate the FDCPA?3. Is this agency in violation of the FDCPA?
What did CEU do wrong?
Did Gateway violate the ECOA?
1. Did Treadway ever file a loan application?2. Then how could she claim that she had been denied credit?
Did the court rule that GCO had discriminated?
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