1. InDillon v. Champion Jogbra, Dillon claimed a wrongful discharge maintaining that modifications of the employee manual created an implied contract negating the employer's claim that she was an at-will employee. The court said:

	a.	an employer may modify an at-will employment agreement unilaterally
	b.	an employer may only modify an at-will employment agreement bilaterally in agreement with the employee
	c.	when the terms of a manual are ambiguous...or send mixed messages regarding an employee's status, the question of whether the presumptive at-will status has been modified results in a presumption in favor of the employer
	d.	when the terms of a manual are ambiguous...or send mixed messages regarding an employee's status, the question of whether the presumptive at-will status has been modified results in a presumption in favor of the employee

QUESTION 2

1. Because of the worsening economic situation, your firm needs to drastically cut back, and downsize up to 40% of its workers. The firm has a reputation and tradition of being a firm that rewards the good skills and loyalty of its workers, and many have been with your firm for more than 30 years. The firm has been in your family for more than 100 years, and you are the 3^rdgeneration CEO. Frankly, what would help the most is to lay off all of those workers who are earning in excess of $80,000/year, retaining those who are earning between $40,000 and $50,000/year. That would reduce your overhead dramatically (and your health insurance costs). But almost all of the workers who earn in excess of $80,000 are age 50 or over, and unlikely to ever find comparable jobs elsewhere. Which of the following options would be consistent with your firm's core values and its long-term survival?

	a.	a targeted review of the skill sets of all employees, including those earning less than $80,000/year, to determine where there is an overlap and you can afford to let people go without damaging the firm's knowledge and skill base; downsize the people who are earning the most in each skill set, whatever their ages
	b.	either b or c might be consistent with your core values and long-term survival
	c.	downsize all workers making in excess of $80,000/year; since salary is the only consideration, the action is legal
	d.	offer significant early retirement packages in exchange for a waiver of claims to workers earning in excess of $80,000/year; it may cost you in the short term, but it is consistent with your family's legacy and the firm's core values, and ultimately will help the firm's long-term survival

QUESTION 3

1. A veteran teacher was told by a school superintendent that he would recommend that the school district not renew her contract at the end of the school year. Rather than contest the recommendation, the school teacher retired. What is the best assessment of this situation?

	a.	the employee has suffered discrimination
	b.	the employee has suffered a constructive discharge
	c.	the employee has quit
	d.	none of these

QUESTION 4

1. Over lunch, a manager at Microsoft says to another manager, "You know, just between you and me, it might not have been the worst thing in the world if the court had ordered the company to break-up. We really are too big." The comment was overheard by another employee at the next table and passed on to higher-level managers. If the manager is fired for making the statement and she sues Microsoft, a court would most likely rule:

	a.	For the employee because the company would be violating her First Amendment right of free speech
	b.	For the employer because her statements showed disloyalty to the company, for which she could lawfully be terminated
	c.	For the employer because she is employed at will and none of the exceptions to employment at will apply in this case
	d.	For the employee because her speech constituted protected concerted activity under the National Labor Relations Act
	e.	For the employee because she would be covered under whistleblower protection laws

QUESTION 5

1. The legal environment for public employees differs from private sector employment because public employees:

	a.	none of the above
	b.	all of the above
	c.	have speech and other substantive constitutional rights
	d.	are covered by civil service laws
	e.	generally enjoy a property interest in their jobs

QUESTION 6

1. Which of the following is generally required to establish just cause for a termination?

	a.	due process
	b.	none of these
	c.	proof that a known rule was violated
	d.	consistent enforcement of the relevant rule or standard
	e.	all of these

QUESTION 7

1. Under the WARN Act:

	a.	large employers are prohibited from closing plants or laying employees off for the purpose of defeating unionization
	b.	large employers must give their employees three months (90 days) advance notice of plant closings and mass layoffs
	c.	large employers must provide outplacement services to employees affected by plant closings and mass layoffs
	d.	all of these
	e.	none of these

QUESTION 8

1. Non-competition agreements:

	a.	are almost always enforced by the courts
	b.	will be enforced unless former employees can show that the agreements are overly broad
	c.	will not be enforced unless the former employer can show that they are no more restrictive than necessary
	d.	are less commonly used now than in the past
	e.	none of these

QUESTION 9

1. The Montana Wrongful Discharge from Employment Act (WDEA):

	a.	requires the arbitration of all wrongful discharge claims
	b.	prohibits discharges that are not for good cause
	c.	requires that employers provide due process before discharging employees
	d.	all of these
	e.	none of these

QUESTION 10

1. Which of the following is a type of restrictive covenant?

	a.	non-competition agreement
	b.	non-solicitation agreement
	c.	all of these
	d.	none of these

QUESTION 11

1. Which of the following employees is most likely eligible for unemployment insurance?

	a.	Joe is fired for continually refusing to wear a hard hat in a restricted area in violation of company policy
	b.	Kathy quits her job because of a pervasive and continuing hostile environment
	c.	Mike quits his job as an English professor because he's insulted that a new hire in Management is getting a higher salary than he does
	d.	all of these
	e.	none of these

QUESTION 12

1. Due process includes:

	a.	a clear statement of charges by the employer
	b.	an opportunity for the employee to respond to those charges
	c.	an investigation into the facts of the case
	d.	all of these
	e.	none of these

QUESTION 13

1. Which of the following is true of a trade secret?

	a.	it derives economic value from not being known to others
	b.	the owner must take steps to preserve its secrecy
	c.	it must be registered with the government
	d.	all but that it must be registered with the government
	e.	all of these

QUESTION 14

1. This occurs when a party takes action in reliance on the promise of another, who then breaks that promise.

	a.	retaliation for an act supporting public policy
	b.	intentional interference with a contractual relationship
	c.	promissory estoppel
	d.	none of these

QUESTION 15

1. After a troublesome time with a new manager, an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out, all of her belongings were in boxes, and her office was being used for storage. While she was on vacation, her new supervisor had called, asking where certain documents were located. When he found the employee's answer unsatisfactory, the supervisor said, "Well, this is the last straw." What is the best assessment of this situation?

	a.	the employee has suffered a constructive discharge
	b.	the employee has suffered discrimination
	c.	none of these
	d.	the employee has quit

I dont need explanation, just the correct answer, thank you. i have 25 minutes.