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Exam INSTRUCTIONS: Due Saturday 09/23/217 by 8pm.
Answer the following questions. Your answers should fully answer the questions and should APPLY THE LAW to the facts where applicable. Provide a detailed explanation/rationale for your answers.
1. St. Joseph’s Day School is a private Catholic elementary school. It employs 43 people. Paula is a fourth grade teacher at the school. She is unmarried. When she announces to her supervisor that she is pregnant, she is fired the next day. Paula files a claim with the EEOC. What is the likely result and why?
2. Cindy works as a receptionist for ABC Corporation, a brokerage company that has about 15 employees. She was hired through a XYZ, a recruiter and paid through the recruiting company. During her time there, Sam, one of the brokers, repeatedly called her “sweetie.” He also asked her to go out for drinks. She ignored his overtures. He repeatedly continued to call her at home and suggested going to dinner. At the Christmas party, Sam got drunk and made several attempts to dance with Cindy. She politely refused. On his way out, he hugged her and touched her buttocks. At the same time, he calls her “honey buns.” The next day, she complained to a manager at XYZ about Sam’s behavior. A week later, the recruiting company called her and told her that she is no longer wanted at ABC and ended her assignment there. What claims does she have and against whom?
3. Kyle believed that his employer BillingRUs is violating state and federal law by not reporting income properly. He registered an anonymous complaint with the IRS who promptly initiated an audit. Following the conclusion of the audit, about six months after his complaint, Kyle is terminated by BillingRUs allegedly for performance issues. While his employer never questioned him about the complaint, Kyle believes that his termination decision was retaliatory for his complaint to the IRS. Assess Kyle ‘s claims and the potential defenses.
4. Karen and Greg are good friends at the law firm where they work. Greg works as an associate for Karen, a partner. After some time, they develop a relationship at work. Although they try to keep it secret, the existence of the relationship is pretty evident to coworkers due to the fact that they come to work together and leave at the same time. Plus, unbeknownst to Karen and Greg, their blackberry texts are regularly monitored by head partner, including pictures sent to each other. If you were in HR for the law firm and asked to advise what, if anything, to do about Karen and Greg, what would you advise? What, if any, are the problems posed by Karen and Greg’s relationship?
5. Doug works at an autorepair shop. The auto mechanics regularly use foul language, and many of them regularly call Doug, a mechanic, “gay” or a “faggot.” Doug is offended by this behavior and reports it to Bob, the supervisor. Bob says that there is nothing that he can do about it. Does Doug have a claim under federal law? Explain why or why not.
6. Raheem is a Middle Eastern American working at a local bank. While working as a bank teller, he believes that he overhears another coworker call him a potential “terrorist.” After that event, he quits his job on the spot. Does Raheem have a claim? Explain why or why not.
7. Why is it important to classify workers correctly as either employees or independent contractors?
8. Explain the public policy exception to the doctrine of employment at-will, including stating what the ex-employee must demonstrate to prevail and give at least three examples of the public policy exception that have been recognized by some of the states.