saint gba335 module 8 quiz 8 latest 2015

| June 12, 2016

Question 1. Question :

In Ortega, did Dr. Ortega have a reasonable expectation of privacy, at least as to his desk and file cabinets? Explain your answer. Philosophically, do you believe it is necessary that all employers furnish some specified area for each employee that is clearly and absolutely a private place to place personal or professional belonging? What objections would an employer have?

Question 2. Question :

In Ortega, why didn’t the Supreme Court require that the employer have a warrant based on probable cause to search an employee’s desk and files when investigating work-related misconduct?

Question 3. Question :

What did the Court decide in the Ortega case? What rationale was employed? Are you satisfied that the court’s rationale is sound? Defend your answer.

Question 4. Question :

What is a qualified privilege in the context of the Ortega case? Did the court find that a qualified privilege existed in the case? Explain your answer.

Question 5. Question :

Describe the “intrusion on seclusion” in the American Broadcasting case.

Question 6. Question :

In American Broadcasting, how does the court deal with ABC’s argument that an adverse decision would have a chilling effect on the press’ investigation of abusive activities in open work areas?

Question 7. Question :

Pursuant to Brotherhood of Locomotive Engineers, when and under what circumstance may an employer regulate an employee’s behavior outside of the workplace?

Question 8. Question :

Describe the severe limitations of the polygraph exam in ascertaining a valid result. What is a “false positive” in the context of a polygraph exam?

Question 9. Question :

As in the Spears case, it is not unlawful to monitor the telephone conversation of an employee if the employee has given prior consent. Did Deal give her employer consent in this case? Explain your answer. Because of the recent burglary of the store in this case, did the employer have a legitimate business reason to record and review the employee’s phone calls made or received while at work?

Question 10. Question :

Pursuant to Gibson, describe employer liability limitation in employee defamation claims. Distinguish “actual malice” from “express malice.”

Question 11. Question :

In the Sacred Heart case, what test is applied, according to the Secretary of Labor’s regulations, to determine whether or not on-call status is compensatable work time? In this case, did the court speculate on a possible management response should the on-call period be deemed “work” under the FLSA? Explain your answer.

Question 12. Question :

Concerning the Umbarger case, may an individual receive unemployment benefits if that individual voluntarily left work with good cause?

Question 13. Question :

What analysis must the commission and reviewing courts pursue in order to determine if a claimant who voluntarily leaves employment does so for “good cause”?

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