HOME MEMBERSHIP CALENDAR JUDICIAL COUNCIL 

FORMS KNOW YOUR 

JUDGES DAILY 

EBRIEFS LA LAWYER




    For Attorneys
    For the Public
    About Us
    Jobs
    LA County
    Bar Foundation
    Law Students
    My Account


LACBA on Facebook.
LACBA on Twitter.
LACBA on LinkedIn.



Table of Contents Cover Featured Article

MCLE Test and Answer Sheet

Test No.75: Firing At Will (July/August 1999 LA Lawyer)

Instructions for Obtaining MCLE Credits
The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour.


1.Study the CLE article in this issue.


2.Answer the test questions by marking the appropriate boxes. Each question has only one answer. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced.

3.Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:
Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 
Make checks payable to Los Angeles Lawyer.

4.You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5.Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6.For future reference, please retain the CLE test materials returned to you.
Test Sheet 
Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. The public policy exception to the at-will employment doctrine first appeared in 1947.
True.
False.

2. The California Supreme Court first approved the public policy exception to the at-will doctrine because the statutory provision then in place did not adequately protect employees who complained about illegalities in the workplace.
True.
False.

3. The public policy exception imposes upon employers an affirmative duty of good faith in terminating employees.
True.
False.

4. Under the initially limited public policy exception that the California Supreme Court had established in Tameny v. Atlantic Richfield Company, when did an offended public policy have to be "firmly established" in order for the exception to be applicable?
A. When the employee was hired.
B. When the employee was discharged.
C. When the employee filed suit against the employer.
D. None of the above.

5. The presumption that every employee is employed at will was first pronounced by:
The California Supreme Court in Foley v. Interactive Data Corporation.
The California legislature, when it enacted Labor Code Section 2922.
The Second District Court of Appeal in Koeher v. Superior Court.

6. An employee who was terminated because she complained about her supervisor's history of embezzlement is contemplating litigation. She should be advised that:
A. She may state a claim for wrongful termination in violation of public policy.
B. She may not state a claim for wrongful termination in violation of public policy.
C. She may only state a tortious discharge claim if the discharge affected a duty that inures to the public at large.
D. While she may have been able to state a tortious discharge claim under Foley, that option is no longer available under Green v. Ralee Engineering Company.

7. California courts have gradually tightened the parameters of the public policy exception ever since its inception, thus making it harder for plaintiffs to prevail.
True.
False.

HYPOTHETICAL
XYX Corporation maintains a policy that no references other than a basic confirmation of dates of employment and positions held may be given out regarding former employees. Suzy Q complains to XYX's Human Resources Department because some of her coworkers have sent glowing letters of recommendation in violation of the policy. Shortly thereafter, Suzy Q is fired.
8. Does Suzy Q have a claim of wrongful discharge in violation of public policy?
True.
False.

9. Would Suzy Q have a claim if she had also complained because one of her coworkers had sent copies of reference letters that were contained within a former employee's file to a prospective new employer of the former employee?
A. No, because the only privacy rights at stake were those of the third parties who authorized the reference letters.
B. Yes, because the conduct of Suzy Q's employer violated public policies rooted in the California Constitution.
C. Yes, because the conduct of Suzy Q's employer violated public policies rooted in the California Labor Code.
D. B and C only.
E. None of the above.

10. A public policy claim is permissible when the facts giving rise to an alleged constructive discharge occurred prior to the complaint of illegalities in the workplace.
True.
False.

11. Under current law, a public policy claim must be based upon violations of a public policy that is "firmly rooted" in a statute or constitutional provision.
True.
False.

12. The "wrongful" aspect of a tortious termination arises from:
A. The terms and conditions of the employment relationship.
B. The duty of employers to comply with their own policies and procedures.
C. The duty of employers to comply with statutes, constitutional provisions, and administrative regulations.
D. The duty of employers to comply with public policy.

13. The presumption of at-will employment may be overcome by an employer's oral promise not to terminate an employee except for good cause.
True.
False.

14. Under Green, the public policy giving rise to a tortious termination claim may be based upon judicial decisions.
True.
False.

15. Green allows an employer to conduct terminations only in accordance with those administrative regulations to which the employer or its vendors may be subject.
True.
False.

16. The expansion of the public policy exception in Green contradicts the prior view of the California Supreme Court that it would be unreasonable to require employers to comply with a broad range of laws.
True.
False.

17. The expansion of tortious termination law in California is contrary to the trend in other states.
True.
False.

18. Under Gantt v. Sentry Insurance, which of the following would not support a wrongful discharge claim based on public policy?
A. The employee refused to violate a statute.
B. The employee refused to violate an administrative regulation.
C. The employee performed a statutory obligation.
D. The employee exercised a constitutional or statutory right or privilege.

19. Employers not subject to the Fair Employment and Housing Act are not barred by the tortious termination doctrine from discriminating against an employee because of age.
True.
False.

20. Under current law, the policy-generating regulations upon which a public policy claim could be based must be:
A. Consistent with the terms or intent of the authorizing statute.
B. Reasonably necessary to effectuate the statutory purpose.
C. Independent from, and not a substitution for, judicial rulings.
D. A and B.

Address and Billing 
After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

  
Before hitting the "Submit" button please verify that all questions have been answered.

*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by The State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by The State Bar of California in the amount of one hour.

   
Los Angeles Lawyer
 
 
 
 
       
   
General Information
 
 
 
 
 
 
 
 
       
   
 
 
 
Online MCLE
 
 
 
 
Plus: Earn MCLE Credit