Employment Law

Question 1

What is the Employment at Will doctrine?

Answer 1

Either party may terminate an employment relationship at any time for any reason.

Question 2

What are the three major exceptions to Employment at Will?

Answer 2

Contract Theory, Tort Theory, and Public Policy Exception.

Question 3

What is Contract Theory as an exception to Employment at Will?

Answer 3

It applies if an employer fires an employee in violation of an express or implied contract.

Question 4

What is an express contract?

Answer 4

A written or spoken agreement, like a job offer letter stating guaranteed employment.

Question 5

What is an example of violating an express contract?

Answer 5

Firing someone 2 months into a job when the offer letter promised one year of employment without cause.

Question 6

What is an implied contract?

Answer 6

An unwritten agreement based on company policies, employee handbooks, or employer promises.

Question 7

What determines the existence of an implied contract?

Answer 7

An employee’s ‘reasonable expectations’ based on the employer’s words and conduct.

Question 8

What is Tort Theory as a wrongful termination claim?

Answer 8

It allows employees to sue if the termination was abusive or unfair under tort law.

Question 9

What are three types of tort-based wrongful discharge claims?

Answer 9

Intentional Infliction of Emotional Distress, Defamation, and Fraud.

Question 10

What is Intentional Infliction of Emotional Distress in wrongful firing?

Answer 10

Firing done in a cruel or extreme way that causes serious emotional harm.

Question 11

What is defamation in the context of wrongful termination?

Answer 11

Spreading false information about the employee, such as theft accusations.

Question 12

What is fraud in wrongful termination?

Answer 12

Misleading or lying to the employee to induce them to stay or act a certain way.

Question 13

What is the Public Policy exception to Employment at Will?

Answer 13

Termination is illegal if it violates public values or legal protections.

Question 14

What are statutory protections under Public Policy?

Answer 14

Firing someone for whistleblowing, exercising ADA/FMLA rights, or reporting unsafe work conditions under OSHA.

Question 15

What are common law protections under Public Policy?

Answer 15

Firing is illegal if the employee refuses to break the law, fulfills public duty, uses legal rights, or reports illegal conduct.

Question 16

What jobs can children under 14 do legally?

Answer 16

Limited roles like newspaper delivery, farm work, entertainment, or helping parents.

Question 17

What work rules apply to children under 14?

Answer 17

Strict limits on job types, hours, and work times.

Question 18

What jobs can 14–15-year-olds do?

Answer 18

Non-hazardous jobs with limited hours and times.

Question 19

What work is allowed for 16–17-year-olds?

Answer 19

Most jobs, but not hazardous ones. No limits on hours or work times.

Question 20

What is the current federal minimum wage?

Answer 20

$7.25/hour, though states may set higher rates.

Question 21

What are the regular and overtime pay rules?

Answer 21

40 hours/week is standard. Overtime = 1.5x pay after 40 hours.

Question 22

Who is exempt from overtime pay?

Answer 22

Executives, administrative staff, professionals, software engineers, and outside sales reps.

Question 23

What is FMLA?

Answer 23

A law providing up to 12 weeks of unpaid, job-protected leave for medical or family reasons.

Question 24

Who qualifies for FMLA?

Answer 24

Employees of companies with 50+ employees who have worked at least 1 year.

Question 25

What events are covered under FMLA?

Answer 25

Birth/adoption, caring for a sick family member, or personal serious health conditions.

Question 26

What is FEPLA?

Answer 26

Federal Employee Paid Leave Act: provides 12 weeks of paid leave for birth/adoption/foster care.

Question 27

What is military caregiver leave under FMLA?

Answer 27

26 weeks of leave to care for an injured service member relative.

Question 28

What is military exigency leave?

Answer 28

12 weeks of leave for non-medical emergencies related to military deployment.

Question 29

What protections does FMLA offer during leave?

Answer 29

Health insurance must be maintained, and job restoration is required (except for 'key employees').

Question 30

What happens if an employer violates FMLA?

Answer 30

They may owe back pay, job reinstatement, promotions, legal fees, and double damages for bad faith.

Question 31

What is OSHA?

Answer 31

A law requiring employers to maintain a safe work environment and protect against known hazards.

Question 32

What must employers report under OSHA?

Answer 32

Deaths or 3+ hospitalizations within 8 hours; serious injuries (amputation/eye loss) within 24 hours.

Question 33

What is Workers’ Compensation?

Answer 33

A no-fault system providing benefits for job-related injuries or illnesses.

Question 34

What are the requirements for Workers’ Comp eligibility?

Answer 34

An employment relationship and a work-related accidental injury.

Question 35

What are the Workers’ Comp notice requirements?

Answer 35

Notify employer within 30 days and the state within 60 days.

Question 36

What defenses can’t employers use in Workers’ Comp cases?

Answer 36

Assumed risk or contributory negligence.

Question 37

What benefits does Social Security provide?

Answer 37

Retirement, disability, and survivor benefits.

Question 38

How do you qualify for Social Security?

Answer 38

Earn 40 credits; in 2025, $1,810 = 1 credit, max 4 credits/year.

Question 39

How is Social Security funded?

Answer 39

6.2% payroll tax from employees + 6.2% from employers (or 12.4% if self-employed).

Question 40

Who qualifies for Medicare?

Answer 40

Those aged 65+ or younger with disabilities.

Question 41

How is Medicare funded?

Answer 41

1.45% payroll tax from employees and employers (2.9% if self-employed).

Question 42

What are the 4 parts of Medicare?

Answer 42

Part A: Hospital, Part B: Medical, Part C: Advantage, Part D: Drug Coverage.

Question 43

What is Medicaid?

Answer 43

A state-run program for low-income individuals, funded by state and federal governments.

Question 44

What is ERISA?

Answer 44

A federal law that sets standards for private retirement and pension plans.

Question 45

What are ERISA vesting rules?

Answer 45

Employee contributions vest immediately; employer contributions vest after 5 years.

Question 46

What is PBGC?

Answer 46

A federal agency that guarantees pension benefits if a plan fails.

Question 47

What is Unemployment Insurance?

Answer 47

A program providing income to eligible workers who lose their job involuntarily.

Question 48

How is unemployment funded?

Answer 48

Employer payroll taxes (workers usually do not pay).

Question 49

Who qualifies for unemployment?

Answer 49

Workers laid off who meet wage/time criteria, apply quickly, and are job-ready.

Question 50

What is COBRA?

Answer 50

A law allowing workers to keep their employer health plan for 18 months post-employment, at full cost.

Question 51

What is HIPAA?

Answer 51

A law protecting health information privacy and setting employer security requirements.