Kelly worked as an x-ray lab technician in 2019 for Love Hospital in Smithtown, PA. Love Hospital employs 700 employees and there are no unions, individual contracts of employment, or independent contractor relationships. She believed that her employer's lax safety and health practices were exposing her to harmful levels of radiation. She complained to management and nothing was done. She asked fellow x-ray lab technicians about their working conditions and found out that her workplace had much looser rules and procedures than anywhere any of her friends worked.  

She told her mom that she was going to file a complaint with OSHA and maybe even talk to a reporter from the local paper about conditions in the x-ray lab.

 

1. Kelly's mom tells her that she might be fired for making her working conditions public. Kelly assures her that she would still be eligible for workers' compensation benefits to replace her wages until she found another job. Is Kelly right? 

a.      It depends on whether Kelly would get a good reference from her supervisor

b.     It depends on whether Kelly's act was arising out of or in the course of her employment

c.      No, because workers compensation benefits can't be awarded when the employee is at fault

d.     No, because workers compensation benefits cover only permanent injuries

e.      No, Kelly has her laws a bit messed up and needs to take HRM 3512!

 

2. Kelly has never been one to listen to her mom's advice. She does an interview with a reporter from the local paper, walking him through the workplace when no one is around and showing him all the dangers there. Management is furious when the piece comes out and threatens to sue Kelly for libel and slander. She doesn't know what this is. Do you?

a.      Sure thing - it is when you are found guilty of a violation of workplace rules or policies.

b.     Yup - it is when you publish a false statement about a person or an entity that would harm their reputation in the community.

c.      Yup - it is when you intentionally cause someone to break the contract they already made with someone else.

d.     You betcha - it is when an employee violates a nondisclosure agreement (NDA)

e.      Nope, I have no idea and thus I don't want any points for this question. (Don't pick this one!!!)

 

3. The hospital lawyer is committed to bringing a legal action against Kelly. If the facts show that Kelly spoke to the reporter but did not send him any emails, texts, or letters, which action will the hospital's lawyer bring?

a.      An action for libel

b.     An action for slander

c.      An action for unemployment compensation

d.     An action for workers compensation

e.      An action in employment-at-will

 

4. Not only does the hospital sue Kelly, it fires her and badmouths her to the doctors in the hospital, saying that her performance was substandard and she was a "whiner."  Kelly has always had stellar performance reviews. What should Kelly do? 

a. Sue for negligent hiring and file for workers compensation benefits

b. Sue for OSHA retaliation and file for whistleblower benefits

c. File for unemployment compensation benefits, file a charge with OSHA for retaliation, and sue the employer for defamation

d. File a Title VII charge with the EEOC on the basis of personality discrimination and sue for defamation

e. Sue for defamation and whistleblower discrimination under Title VII

 

5. See the previous question. If Kelly sues for defamation, can she make out a prima facie case? 

a. Yes, because she was following her personal ethics and doing what she believed was right

b. Yes, because she has all the prima facie elements for a defamation case

c. No, because being a "whiner" is more of an opinion than an actual representation of fact

d. No, because she is a public figure and she can't prove that the hospital intentionally acted with "actual malice"

e. No, because she brought it on herself by making public accusations about the hospital's safety procedures

 

6. If Kelly applies for unemployment benefits, will she get them?

 a. Yes, because she was unemployed generally through the employers' fault (they fired her) and she hadn't committed misconduct by exercising her right to file an OSHA claim and tell the truth to a reporter

 b. No, because she made her employer look bad in the general community and committed defamation; that behavior should not be rewarded with the grant of unemployment benefits.

 c. It all depends on whether the employer provides unemployment benefits

 d. It all depends on whether she was acting within or outside the ordinary course of her employment

 e. It all depends on whether it is raining that day when she goes to collect.

 

7. Why would Kelly's employer, Love Hospital, care whether she gets unemployment benefits or not?

 a. Because if she gets unemployment benefits, she's entitled to workers compensation benefits

 b. Because if she gets unemployment benefits, the amount the employer has to pay in the future for unemployment insurance goes up

 c. Because if she gets unemployment benefits, other employees will no longer be employees-at-will

 d. Because if she gets unemployment benefits, it is more likely she can successfully sue for intentional infliction of emotional distress and defamation

 e. Because if she gets unemployment benefits, she has the right to reinstatement at the employer in her old job

 

 

8. Kelly just got married last year, and what she's gone through at work has been really stressful on both her and her husband. He's feeling like the hospital has hurt his beloved wife AND that they've stolen some of that newlywed bliss out of what was previously an awesome marriage. He wants to sue the hospital for a violation of his freedom of association under the First Amendment! You tell him:

 a. I know you're mad, but that lawsuit won't work. You (not Kelly) should sue the hospital for defamation.

 b. I know you're mad, but that lawsuit won't work. You (not Kelly) should sue the hospital for loss of consortium.

 c. I know you're mad, but that lawsuit won't work. You and Kelly should sue the hospital for intentional interference with contractual relations.

 d. I think that lawsuit is a good choice; high success of winning it if both you and Kelly sue together.

 e. I think that lawsuit is a good choice; don't forget that you are going to have to show outrageous conduct on the part of Love Hospital to win