Question 1: Outside of the United States, most countries require an employer to have "good cause" when dismissing an employee for misconduct.

a. True

b. False

Question 2: Assume that an employer outside the U.S. asserts "economic necessity" as the reason for its layoff of an employee. For the court or tribunal to recognize "economic necessity" as the cause of the layoff, all of the following are likely to apply, except one. Which one?

a. The employer will have to prove some degree of employee fault for the layoff

b. The employer will have to offer a rigorous accounting of the economic necessity that required the layoff

c. The employer will usually receive a break on the amount of its severance pay obligation compared to what it would pay in the case of a dismissal "without good cause."

d. None of the above.

Question 3: A non-union firm in the U.S. wants to lay off five employees. The firm employs too few employs to be covered by the federal law known as the Warn Act. Under the combined effect of all OTHER federal laws, this employer must:

a. Consider transfer opportunities for employees before laying them off

b. Give employees notice of the layoff

c. Pay severance pay, usually based on the employees pay and years of service

d. Offer outplacement services to help employees find new jobs

e. Do none of the above.

Question 4: As a general matter, the U.S.s "at will" rule means that at almost any time during the tenure of an at-will employee, including a well-performing employee the U.S. firm can lawfully require the employee to choose between: i) accepting an adverse change in previously agreed upon terms or conditions of employment; or ii) quitting.

a. True

b. False

Question 5: When one reviews national laws concerning the dismissal of employees, what does it mean for a country to be a "statutory list" jurisdiction?

a. It means that the employer unilaterally draws up a list of lawful reasons for dismissal and files it with a government agency, whereupon it becomes the operative list of lawful reasons for discharge

b. It means that the employer and employee agree on a list of lawful reasons for dismissal and jointly file it with a government agency, whereupon that list becomes the operative list of lawful reasons for discharge.

c. It means that a statute sets forth a list of lawful reasons for dismissal, and thereafter an employer may lawfully dismiss an employee only for one of the reasons on the list.

d. None of the above.

Question 6: In a "good cause" jurisdiction, the law will typically conclude that a firm has satisfied the good cause requirement provided only that it has a good business reason for dismissing an employee. To put it another way, such a jurisdiction will not apply the more exacting standard requiring that it prove the employee willfully committed serious misconduct.

a. True

b. False

Question 7: In a "lifetime employment" jurisdiction (such as Japan, Korea, Russia, etc.), if an employer lacks "good cause" for a discharge and the employee later wins her case:

a. The law will allow the discharge to stand but charge the employer with financial consequences for having failed to observe proper procedures (like notice, grievance process, etc.).

b. The law will allow the discharge to stand but charge the employer with financial consequences for having failed to observe proper procedures and require the employer to pay severance and final pay.

c. The law will order the employer to reinstate the employee without back pay.

d. The law will order the employer to reinstate the employee with back pay.

Question 8: When one compares actual remedies recovered by claimants in unfair dismissal cases in the U.S. and 11 other countries, as reported in the reading by author Hirsch, the general pattern that emerges is best described as follows:

a. With its backdrop of "at will," the U.S. is exceptional in the small sizes of awards and recoveries, whereas in other countries many claimants obtain very large awards

b. Across all such countries, when claimants recover for unfair dismissal, they generally obtain relatively high awards

c. Across all such countries, when claimants recover for unfair dismissal, they generally obtain comparatively low awards

d. The U.S. system might fairly be compared to a sort of lottery in which a relatively small group of claimants obtain relatively large awards, while in other countries a wider group of winners obtain more modest recoveries.