1. Can Stephanie require that Gene let everyone on the list go?
Most likely no, since they all were rated as acceptable workers.
Most likely no, since all of the things that were listed were minor infractions.
Most likely yes, as long as they were given warnings first.
Most likely yes, under the employment at will doctrine.
2. Assume that the store that Stephanie manages has an employment manual and personnel bulletin which both state that, as a matter of policy, workers will be dismissed only for good cause. Decide:
The employment at will doctrine will override this policy in all cases.
The employment at will doctrine will override this policy unless there is a written employment contract that states that the manual and the bulletin will control the employment relationship.
The courts may find that the bulletin and manual create an implied contractual right, whether or not there was any expectation of reliance by the employees on the policy.
The courts may find that the bulletin and manual create an implied contractual right, but only where there was expectation of reliance by the employees on the policy.3. Assume that one of the employees that Stephanie wants to fire has found out that Stephanie has cheated on her taxes, and threatened to report to the IRS. Stephanie added the employee to the list of people to be terminated. When she is fired, the employee files a wrongful discharge lawsuit. Decide:
She will likely lose since there was no actual employment contract that would cover this situation.
She will lose because of the employment at will doctrine.
She will likely win, because she will have whistleblower status.
She will likely win, because they did not give her notice as required by the WARN Act.
4. Assume that one of the employees that Stephanie wants to have fired had written on his Facebook page that the "company values profit over its employees." Stephanie says that he needs to be fired because this is in violation of the company's handbook which has a policy stating "Employees should be aware that statements posted online that damage the company in any way may be subject to discipline up to and including termination of employment." Decide:
Stephanie can probably legally terminate the employee because of the employment at will doctrine.
Stephanie can probably legally terminate the employee since the employee violated the written policy.
Stephanie cannot probably legally terminate the employee unless the company can prove that the statement damaged the company's reputation.
Stephanie cannot probably legally terminate the employee since this would be seen as an attempt to create concerted activity.
5. If Stephanie lays off the employees and this is part of a larger layoff, which of the following is true about the Worker Adjustment and Retraining Notification (WARN) Act?
The WARN Act only applies to companies with more than 150 total employees.
The WARN Act applies when a company has a mass layoff at a location with fifty or more full-time employees.
The WARN Act defines a mass layoff as laying off at least one-half of the employees at a worksite.
If the WARN Act applies, the company would have to give thirty days advance notice prior to implementing the layoffs.