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Ray Palmateer worked for International Harvestor Company (IH) for 16 years Answer

Ray Palmateer worked for International Harvestor Company (IH) for 16 years Answer

 

20.2 Wrongful Discharge  Ray Palmateer worked for International Harvestor Company (IH) for 16 years. He had risen from a unionized job at an hourly rate to a managerial position on a fixed salary. Palmateer was an at-will employee. He supplied information to local law enforcement authorities that  an IH employee was involved in a violation of the Illinois Criminal Code and agreed to assist in the investigation and testify at trial against the employee if called by the prosecuting attorney. Shortly thereafter, Palmateer was discharged by IH. He sued IH to recover damages for retaliatory discharge. Does his complaint state a cause of action for retaliatory discharge?  Palmateer v. International Harvester Company, 421 N.E.2d 876,1981 Ill. Lexis 282 (Ill.) 

1. T F     Agency law is a mixture of contract law and tort law. 

2. T F     One characteristic of independent contractors is that they cannot enter into contracts on behalf of the principal. 

3. T F     The principal has a duty to compensate any agent, including a gratuitous agent. 

4.     Which of the following is generally true about a relationship where one party works for another?       a.     A party can simultaneously be an employee and an independent contractor.       b.     A party can simultaneously be an employee and an agent.       c.     A party can simultaneously be an independent contractor and an agent.       d.     Both B and C are true. 

5. T F     The test whether an employee can recover under workers’ compensation is whether the injury resulted from the negligence of the employer. 

6. T F     All full-time employees are covered under the Family and Medical Leave Act if they have worked for the employer at least one year and have performed more than 1,250 hours of service during the previous 12-month period. 

7.     Under workers’ compensation, when an employee is accidentally injured on the job:  a.     A worker can sue the employer in addition to recovering from workers’ compensation, but only if the employer intentionally caused the injury.  b.     A worker has the choice of whether to file a normal lawsuit or recover from the workers’ compensation board.  c.     A worker can file a normal lawsuit and recover from the workers’ compensation board.  d.     Whether the injury occurred in the course of employment is not relevant. 

8.     Which of the following statements is not true under the Fair Labor Standards Act?  a.     Children under 14 cannot work at all, except on farms.  b.     Children ages 14 and 15 may work limited hours in nonhazardous jobs.  c.     Children ages 16 and 17 may work unlimited hours in nonhazardous jobs.  d.     Persons age 18 or over may work unlimited hours in nonhazardous jobs. 

9.     Which of he following is not a purpose of ERISA?  a.     For employees to have access to certain information about their pension plans.  b.     To make certain that pension plans have certain minimum amounts placed into them by employers.  c.     To limit or prevent employees from losing pension benefits if they decide to leave an employer.  d.     To ensure that as many companies as possible provide pension plans for their employees. 

10.     The purpose of the Form I-9 under the Immigration Reform and Control Act of 1986 is:       a.     For the employer to attest to having inspected an employee’s documentation showing that the employee is entitled to work in the United States.       b.     For the employer to grant a waiver from work visa requirements for foreign workers.       c.     For the employer to document illegal aliens working in the United States.       d.     To document that the employer is complying with the Civil Rights Act of 1964 with respect to employment discrimination on the basis of national origin. 

11. T F Federal antidiscrimination laws (Title VII) do not prohibit discrimination based on        sexual preference or orientation. 

12. T F The key to whether the equal pay act applies to two workers is if the jobs are equal and          similar. 

13. T F A 35-year-old employee who is fired because his employer incorrectly believes he is          too old to do his job does not have a valid age discrimination claim. 

14.     The Equal Employment Opportunity Commission has the power to do the following except:  a.     Pass amendments to the Civil Rights Act of 1964 and other antidiscrimination statutes.  b.     File suits to enforce antidiscrimination statutes on behalf of complainants.  c.     Conduct investigations related to the antidiscrimination laws.  d.     Interpret antidiscrimination statutes. 

15.     In a hostile work environment sexual harassment claim, the employer will have a successful defense if the employer can show that:       a.     The employer took reasonable care to prevent or correct the conduct and the employee did not take advantage of corrective or preventive opportunities of the employer to remedy the situation.       b.     The employee was offended by conduct that the employer in good faith did not consider to be offensive.       c.     There were no adverse consequences to the employee’s work status, such as a demotion or denied promotion.       d.     The employee stands to personally gain if the persons engaging in the sexual harassment are reprimanded. 

16. T F The Norris-LaGuardia Act was enacted in 1932 to prohibit certain types of crucial          workers from being able to organize. 

17. T F Employees may not be prohibited from engaging in union solicitations on company          premises when the employee is off duty. 

18. T F A union is permitted to discipline its members for walking off the job in a          non-sanctioned strike. 

19.     A right-to-work law generally provides that:       a.     Union membership is mandatory.       b.     Employees cannot be forced to join a union.       c.     Union employees cannot be laid off.       d.     Both union and nonunion employees cannot be laid off. 

20.     What is a lockout in connection with labor law?  a.     An action by workers to prevent management from entering the company’s premises.  b.     An action by workers to prevent customers from entering the company’s premises.  c.     An action by workers to prevent suppliers from entering the company’s premises.  d.     An action by management to prevent workers from entering the company’s premises

 

 

ANSWER

  1. F
  2. F because an independent contractor can bind a principal if authorized such as an agent.
  3. F one can be an agent even if there is no compensation due the person if he acts with authorization.
  4. d a party can generally not be both an employee and an independent contractor. The other two can be true.

5 F workers’s comp applies if the worker is injured on the job regardless of who was at fault.

  1. F The Family Leave Act only applies to employers who employ a certain number of employees so it does not cover all employees.
  2. A because worker’s comp requires that the injury be on the job and eliminates the right to sue unless the injury was deliberately caused by the employer.

8 A children under 14 can work in family businesses and things such as paper routes, so this is not true

  1. D ERISA is not designed to promote the formation of pension plans. The other statements are true.
  2. A Every employer is required to verify the right of the proposed employee to work in the U.S. Form I-A confirms this and the employer must have it on file. so A is correct.
  3. T Title VII does not cover sexual orientation
  4. T to have an equal pay issue the jobs must be similar and equal
  5. F He has a claim because he was perceived to be too old. The fact that he was not too old does not change the unlawful discriminatory intent. Just as if you were discriminated against because the employer thought you were African American even though you were not.
  6. A The EEOC has no power to modify laws passed by Congress

15 A because the employer can defend himself by proving that they quickly sought to terminate the hostile acts as soon as it came to their attention and the employee did not take advantage of corrective opportunities to remedy the situation. For example, the employer may have altered work assignments so a female employee did not have to work with a male employee she felt looked at her in a sexually suggestive way but the femaile employee goes out of her way to be in the employee’s presence unnecessarily. The employer would not be liable

16 F The Norris LaGuardia Act was designed to assist labor in organizing (I went on memory on this but you can check)

17 T This is one I believe is true but you need to check the National Labor Relations Act and regulations thereunder.

18 T Another one I am not sure about but believe is true as a union can be liable for illegal strikes

19 B right to work laws prohibit union shops where employees are required to join the union once a majority vote for the union.

20 D This is action by management to prevent workers from working.

 

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