|  In

MGT434T Week 3 Apply Assignment

ENV100T Week 4, RES720 Week6, RES720 Week5, RES720 Week4, RES720 Week3, RES720 Week2, RES720 Week1, MFCC556 Week 6, MFCC556 Week5, MFCC556 Week 5, MFCC556 Week4, MFCC556 Week 4, MFCC556 Week3, MFCC556 Week 3, MFCC556 Week2, MFCC556 Week 2, MFCC556 Week 1, OPS350 Week 5, OPS350 Week 4, OPS350 Week 3, OPS350 Week 2, OPS350 Week 1, HRM300T Week 5, HRM300T Week 4, HRM300T Week 2, HRM300T Week 1, DOC741 Week 6, DOC741 Week 5, DOC741 Week 4, DOC741 Week 2, DOC741 Week1, DOC741 Week 1, HSN575 Week8, HSN575 Week 8, HSN575 Week 7, HSN575 Week 6, HSN575 Week 3, HSN575 Week 2, LDR531 Week4, NSG511 Week 6, MBA5001 Week 5, MBA5001 Week5, MBA5001 Week 4, MBA5001 Week4, MBA5001 Week 3, MBA5001 Week3, MBA5001 Week 2, MBA5001 Week2, MBA5001 Week1, MBA5001 Week 1, PSY211 Week 5, PSY211 Week 4, PSY211 Week 3, PSY211 Week 2, PSY211 Week 1, DOC720R Day3, BSA375 Week 5, BSA375 Week 4, BSA375 Week2, BSA375 Week 2, CMGT445 Week 5, CMGT445 Week 4, CMGT445 Week 3, CMGT445 Week 1, BSA412 Week 5, BSA412 Week5, BSA412 Week4, BSA412 Week 4, BSA412 Week 3, BSA412 Week2, BSA412 Week 2, BSA412 Week 1, CMGT420 Week 5, CMGT420 Week5, CMGT420 Week4, CMGT420 Week 4, CMGT420 Week 3, CMGT420 Week3, CMGT420 Week2, CMGT420 Week 2, RES710 Week8, RES710 Week7, RES710 Week6, RES710 Week5, RES710 Week4, RES710 Week3, RES710 Week2, LDR711A Week 7, LDR711A Week 5, LDR711A Week 3, CPMGT300 Week 5, LAW531T Week 6, LAW531T Week 5, LAW531T Week 4, LAW531T Week 3, LAW531T Week 2, ISCOM383 Week 4, ISCOM383 Week 3, ISCOM383 Week 2, ISCOM383 Week 1, HRM531 Week 2, CNSL556 Week 3, CNSL556 Week 2, STR581 Week 6, STR581 Week3, HSN565 Week5, MGT312T Week 5, MGT312T Week 4, MGT312T Week 3, FIN571 Week 5, LDR726 Week8, LDR726 Week 8, LDR726 Week 7, LDR726 Week 6, LDR726 Week4, LDR726 Week 5, LDR726 Week 4, LDR726 Week 2, LDR726 Week 1, CCMH515CA Week 8, CCMH515CA Week6, CCMH515CA Week 6, CCMH515CA Week 4, CCMH515CA Week 3, CCMH515CA Week 2, CCMH515CA Week 1, LEA5125 Week 1, ENT588 Week 3, CCMH548 Week 6, CCMH548 Week6, CCMH548 Week5, CCMH548 Week 5, CCMH548 Week 3, CCMH548 Week 2, CCMH548 Week 1, CCMH544 Week 8, CCMH544 Week 7, CCMH544 Week 6, CCMH544 Week 5, CCMH544 Week 4, CCMH544 Week 3, CCMH544 Week 2, CCMH544 Week 1, GEN480 Week 5, GEN480 Week4, GEN480 Week 4, GEN480 Week 3, GEN480 Week 2, GEN480 Week1, GEN480 Week 1, ACC492 Week 5, ACC492 Week5, ACC492 Week 4, ACC492 Week4, ACC492 Week3, ACC492 Week 3, ACC492 Week 2, ACC492 Week2, ACC492 Week1, OPS571 Week1, OPS571 Week 2, OPS571 Week3, OPS571 Week4, OPS571 Week 6, REL133 Week4, REL133 Week3, REL133 Week2, REL133 Week1, HUM150 Week 5, HUM150 Week 4, HUM150 Week 3, HUM150 Week 1, HUM150 Week 2, HSN570 Week 5, HSN570 Week 4, HSN570 Week 3, HSN570 Week 2, HSN570 Week 1, HSN565 Week 6, HSN565 Week 5, HSN565 Week 3, HSN565 Week 2, HSN565 Week 1, MGT420 Week 5, MGT420 Week 3, MGT420 Week 1, DOC720R Day 3, DOC720R Day 2, DOC720R Day 1, RES710 Week 8, RES710 Week 7, RES710 Week 6, RES710 Week 5, RES710 Week 4, RES710 Week 3, RES710 Week 2, RES710 Week 1, RES709 Week 8, RES709 Week 7, RES709 Week 6, RES709 Week 5, RES709 Week 4, RES709 Week 3, RES709 Week 2, RES709 Week 1, COMM110 Week5, COMM110 Week 2, COMM110 Week1, COMM400 Week 5, COMM400 Week4, COMM400 Week 4, COMM400 Week 2, COMM400 Week1, COMM400 Week 1, CPMGT305 Week 5, CPMGT305 Week 4, CPMGT305 Week 3, CPMGT305 Week 2, CPMGT305 Week 1, CPMGT302 Week 5, CPMGT302 Week 4, CPMGT302 Week 3, CPMGT302 Week 2, CPMGT302 Week 2, CPMGT302 Week 1, CPMGT301 Week 5, CPMGT301 Week 4, CPMGT301 Week 2, CPMGT301 Week 1, GBM380 Week 4, GBM380 Week 2, QNT351 Week 1, ETH316 Week 3, ETH316 Week2, ETH316 Week 2, ETH316 Week 1, DOC788 Week 2, DOC788 Week 1, LDR736 Week 8, LDR736 Week 7, LDR736 Week 6, LDR736 Week 4, LDR736 Week 3, LDR736 Week 2, LDR736 Week 1, DOC723 Week 6, DOC723 Week 5, DOC723 Week 4, DOC723 Week 3, DOC723 Week 2, DOC723 Week 1, ORG727 Week 8, ORG727 Week 5, ORG727 Week 4, ORG727 Week 3, ORG727 Week 2, ORG727 Week 1, MGT726 Week 7, MGT726 Week 4, MGT726 Week 3, MGT726 Week 1, RES720 Week 8, RES720 Week 7, RES720 Week 6, RES720 Week 5, RES720 Week 4, RES720 Week 3, RES720 Week 2, RES720 Week 1, MHA516 Week 6, MHA516 Week 5, MHA516 Week 4, MHA516 Week 3, MHA516 Week 2, MHA505 Week 6, MHA505 Week 5, MHA505 Week 4, MHA505 Week 3, MHA505 Week 2, CCMH535 Week 6, CCMH535 Week 4, CCMH535 Week 2, CCMH535 Week 1, CCMH525 Week 7, CCMH525 Week 6, CCMH525 Week 4, CCMH525 Week 3, CCMH525 Week 2, CCMH525 Week 1, CCMH551 Week 6, CCMH551 Week 5, CCMH551 Week 4, CCMH551 Week 3, CCMH551 Week 2, CCMH551 Week 1, HCS499 Week 4, HCS499 Week3, HCS499 Week 3, HCS499 Week 2, ENG313 Week 2, ENG313 Week1, ENG313 Week 1, PSY420 Week5, PSY420 Week 5, PSY420 Week 4, PSY420 Week3, PSY420 Week 3, PSY420 Week 2, PSY420 Week 1, PSY410 Week 5, PSY410 Week 3, PSY410 Week 2, PSY410 Week1, PSY410 Week 1, MKT440 Week 5, MKT440 Week 4, MKT440 Week 3, MKT440 Week 1, MGT373 Week 5, MGT373 Week 4, MGT373 Week 3, MGT373 Week 2, MGT373 Week 1, MGT411 Week 5, MGT411 Week 3, MGT411 Week 2, MGT411 Week 1, OPS571 Week 5, OPS571 Week 4, OPS571 Week 1, MKT593 Week 4, MKT593 Week 2, MKT593 Week 1, MKT562 Week 4, MKT562 Week 3, MKT562 Week 2, MKT562 Week 1, MKT544 Week 5, MKT544 Week 4, MKT544 Week 3, MKT544 Week 1, MKT554 Week 4, MKT554 Week 2, MKT554 Week 1, GLG220 Week5, GLG220 Week4, GLG220 Week2, GLG220 Week1, ENT588 Week5, ENT588 Week 5, ENT588 Week 4, ENT588 Week3, ENT588 Week2, ENT588 Week1, MFCC551CA Week8, MFCC551CA Week7, MFCC551CA Week6, MFCC551CA Week5, MFCC551CA Week4, MFCC551CA Week3, MFCC551CA Week2, MFCC551CA Week1, CCMH506 Week7, CCMH506 Week6, CCMH506 Week5, CCMH506 Week4, CCMH506 Week3, CCMH506 Week2, CCMH506 Week1, CCMH504 Week6, CCMH504 Week5, CCMH504 Week4, CCMH504 Week1, CCMH510 Week5, CCMH510 Week3, CCMH510 Week2, CCMH510 Week1, FIN571 Week5, FIN571 Week2, BIS221T Week 5, ENV100T Week 2, ENG223 Week5, ENG223 Week4, ENG223 Week3, ENG223 Week 2, ENG223 Week2, ENG223 Week1, PHL458 Week5, PHL458 Week4, PHL458 Week3, PHL458 Week2, PHL458 Week1, HST175 Week5, HST175 Week4, HST175 Week3, HST175 Week2, HST175 Week1, POL115 Week 3, POL115 Week1, POL115 Week2, HUM105 Week3, HUM105 Week2, HUM105 Week1, SOC100 Week4, SOC100 Week3, SOC100 Week2, SOC100 Week1, PSY203 Week 5, PSY203 Week4, PSY203 Week 4, PSY203 Week3, PSY203 Week 3, PSY203 Week 2, PSY203 Week 1, FIN486 Week4, FIN486 Week 2, SCI201 Week2, SCI201 Week 1, SCI201 Week1, FIN366 Week5, FIN366 Week 5, FIN366 Week4, FIN366 Week 4, FIN366 Week3, FIN366 Week 3, FIN366 Week2, FIN366 Week 2, FIN366 Week1, FIN366 Week 1, FIN419 Week 1, ISCOM476 Week5, ISCOM476 Week3, ISCOM374 Week 5, ISCOM374 Week4, ISCOM374 Week 3, ISCOM374 Week3, ISCOM374 Week2, ISCOM473 Week5, ISCOM473 Week4, ISCOM473 Week2, ISCOM473 Week1, ISCOM424 Week5, ISCOM424 Week4, ISCOM424 Week3, ISCOM424 Week 2, ISCOM424 Week2, ISCOM424 Week1, ARTS125 Week5, ARTS125 Week3, ARTS125 Week2, ARTS125 Week1, HRM498 Week5, HRM498 Week4, HRM498 Week3, HRM498 Week 2, HRM498 Week2, HRM498 Week1, BIS221T Week2, BIS221T Week1, MTH216 Week3, MTH216 Week2, PSY405 Week5, PSY405 Week 3, PSY405 Week3, PSY405 Week2, PSY405 Week1, PSY110 Week 5, PSY110 Week 4, PSY110 Week 3, PSY110 Week2, PSY110 Week1, CJS201 Week 2, CJS201 Week5, CJS201 Week4, CJS201 Week3, CJS201 Week2, CJS201 Week1, ACC491 Week5 team, ACC491 Week5, ACC491 Week 4, ACC491 Week4, ACC491 Week 3, ACC491 Week3, ACC491 Week 1, ACC491 Week1, ECO365 Week1, COMM315 Week5, COMM315 Week4, COMM315 Week3, COMM315 Week2, COMM315 Week1, SOC262 Week5, SOC262 Week4, SOC262 Week3, SOC262 Week2, SOC262 Week1, MGT230 Week 5, MGT230 Week 4, MGT230 Week5, MGT230 Week4, MGT230 Week3, MGT230 Week2, MGT230 Week1, MKT421 Week5, MPA533 Week 5, MPA533 Week 4, MPA533 Week 3, HRM310 Week 5, HRM310 Week5, HRM310 Week4, HRM310 Week3, HRM310 Week2, HRM310 Week1, HRM324 Week5, HRM324 Week4, HRM324 Week3, HRM324 Week2, HRM324 Week1, MGT418 Week 5, MGT418 Week5, MGT418 Week4, MGT418 Week3, MGT418 Week2, MGT418 Week 1, MGT418 Week1, HSN560 Week6, HSN560 Week5, HSN560 Week4, HSN560 Week3, HSN560 Week2, HSN560 Week1, FIN422 Week 5, FIN422 Week 4, FIN422 Week5, FIN422 Week4, FIN422 Week3, FIN422 Week2, FIN422 Week1, FIN402 Week5, FIN402 Week4, FIN402 Week3, FIN402 Week2, FIN402 Week1, IT200 Week 4, IT200 Week5, IT200 Week4, IT200 Week3, IT200 Week2, IT200 Week 1, GEO180 Week 4, GEO180 Week5, GEO180 Week4, GEO180 Week3, GEO180 Week 2, GEO180 Week2, GEO180 Week1, ISCOM305 Week 5, ISCOM305 Week5, ISCOM305 Week 2, GEN201 Week 5, GEN201 Week 4, GEN201 Week 3, MGT445 Week5, MGT445 Week4, MGT445 Week3, MGT445 Week2, MGT445 Week1, MPA533 Week 6, MPA533 Week5, MPA533 Week2, MPA593 Week6, MPA593 Week5, MPA593 Week4, MPA593 Week3, MPA593 Week2, MPA593 Week1, MPA583 Week6, MPA583 Week5, MPA583 Week4, MPA583 Week3, MPA583 Week2, MPA583 Week1, MPA563 Week6, MPA563 Week5, MPA563 Week4, MPA563 Week3, MPA563 Week2, MPA563 Week1, PSY360 Week5, PSY360 Week4, PSY360 Week3, PSY360 Week2, PSY360 Week1, HM475 Week 4, HM475 Week5, HM475 Week4, HM475 Week3, HM475 Week2, HM475 Week1, MPATM543 Week6, MPATM543 Week5, MPATM543 Week4, MPATM543 Week3, MPATM543 Week2, MPATM543 Week1, MPA573 Week 3, MPA573 Week6, MPA573 Week5, MPA573 Week4, MPA573 Week3, MPA573 Week2, MPA573 Week1, MPA543 Week6, MPA543 Week5, MPA543 Week4, MPA543 Week3, MPA543 Week2, MPA543 Week1, HRMPA533 Week6, HRMPA533 Week5, HRMPA533 Week4, HRMPA533 Week3, HRMPA533 Week2, HRMPA533 Week1, LAWPA513 Week 5, LAWPA513 Week6, LAWPA513 Week5, LAWPA513 Week4, LAWPA513 Week3, LAWPA513 Week2, LAWPA513 Week1, HSN525 Week8, HSN525 Week7, HSN525 Week6, HSN525 Week5, HSN525 Week4, HSN525 Week3, HSN525 Week2, HSN525 Week1, NSG550 Week6, NSG550 Week5, NSG550 Week4, NSG550 Week3, NSG550 Week2, NSG550 Week1, MPA533 Week6, MPA533 Week5, MPA533 Week4, MPA533 Week3, MPA533 Week2, MPA533 Week1, NSG513 Week6, NSG513 Week5, NSG513 Week4, NSG513 Week3, NSG513 Week2, NSG513 Week1, NSG512 Week 6, NSG512 Week6, NSG512 Week5, NSG512 Week4, NSG512 Week3, NSG512 Week2, NSG512 Week1, NSG511 Week6, NSG511 Week5, NSG511 Week4, NSG511 Week3, NSG511 Week2, NSG511 Week1, HCS529 Week5, HCS529 Week4, HCS529 Week3, HCS529 Week2, HCS529 Week1, HCS535 Week6, HCS535 Week5, HCS535 Week4, HCS535 Week3, HCS535 Week2, HCS535 Week1, HCS552 Week6, HCS552 Week5, HCS552 Week4, HCS552 Week3, HCS552 Week2, HCS552 Week1, PSY340 Week 2, PSY340 Week5, PSY340 Week4, PSY340 Week3, PSY340 Week2, PSY340 Week1, PSY335 Week 2, PSY335 Week5, PSY335 Week4, PSY335 Week3, PSY335 Week2, PSY335 Week1, ETH120 Week5, ETH120 Week4, ETH120 Week 4, ETH120 Week2, ETH120 Week1, DOC705R Day 2, DOC705R Day5, DOC705R Day4, DOC705R Day3, DOC705R Day2, DOC705R Day1, MGT314 Week5, MGT314 Week4, MGT314 Week 4, MGT314 Week2, MGT314 Week1, SOC333 Week 1, SOC333 Week5, SOC333 Week4, SOC333 Week3, SOC333 Week2, SOC333 Week1, PSY310 Week 5, PSY310 Week5, PSY310 Week4, PSY310 Week3, PSY310 Week2, PSY310 Week1, PSY305 Week5, PSY305 Week4, PSY305 Week3, PSY305 Week2, PSY305 Week1, COMM102 Week5, COMM102 Week4, COMM102 Week3, COMM102 Week2, COMM102 Week1, PSY245 Week 4, PSY245 Week 3, PSY245 Week5, PSY245 Week4, PSY245 Week3, PSY245 Week2, PSY245 Week1, PSY215 Week 5, PSY215 Week5, PSY215 Week4, PSY215 Week3, PSY215 Week2, PSY215 Week1, MPA553 Week6, MPA553 Week5, MPA553 Week4, MPA553 Week3, MPA553 Week2, ACC574 Week6, ACC574 Week5, ACC574 Week4, ACC574 Week3, ACC574 Week2, ACC574 Week1, QNT562 Week6, QNT562 Week5, QNT562 Week4, QNT562 Week3, QNT562 Week2, QNT562 Week1, BIS320 Week 4, BIS320 Week 3, BIS320 Week5, BIS320 Week4, BIS320 Week3, BIS320 Week2, BIS320 Week1, PSY250 Week1, PSY250 Week5, PSY250 Week4, PSY250 Week3, PSY250 Week2, LTC310 Week5, LTC310 Week4, LTC310 Week3, LTC310 Week2, CPMGT300 Week5, CPMGT300 Week4, CPMGT300 Week3, CPMGT300 Week2, CPMGT300 Week1, SOC315 Week5, SOC315 Week4, SOC315 Week 3, SOC315 Week3, SOC315 Week2, SOC315 Week1, LTC328 Week5, LTC328 Week3, LTC328 Week2, LTC315 Week4, LTC315 Week3, LTC315 Week2, ACC561 Week6, ACC561 Week 3, ACC561 Week3, ACC561 Week2, ACC561 Week1, QRB501 Week4, QRB501 Week2, HCS433 Week3, HCS433 Week2, HCS437 Week5, HCS437 Week4, HCS437 Week3, HCS437 Week2, HCS465 Week5, HCS465 Week3, HCS465 Week 2, HCS465 Week2, HCS451 Week5, HCS451 Week3, HCS451 Week2, HCS483 Week4, HCS483 Week 4, HCS483 Week 3, HCS483 Week3, HCS457 Week 5, HCS457 Week5, HCS457 Week4, HCS490 Week5, HCS490 Week 4, HCS490 Week4, HCS490 Week2, HCS385 Week 5, HCS385 Week5, HCS385 Week4, HCS385 Week3, POL215 Week5, POL215 Week 3, POL215 Week2, POL215 Week1, HST206 Week 5, HST206 Week4, HST206 Week3, HST206 Week1, LDR531 Week6, LDR531 Week 5, LDR531 Week5, LDR531 Week4, LDR531 Week 3, LDR531 Week3, LDR531 Week2, LDR531 Week1, HRM531 Week5, HRM531 Week4, HRM531 Week2, HRM531 Week1, HST276 Week5, HST276 Week4, HST276 Week3, HST276 Week1, ENG135 Week4, ENG135 Week5, ENG135 Week3, ENG135 Week 3, ENG135 Week2, ENG135 Week1, SOC110 Week5, SOC110 Week4, CJA345 Week1, CJA345 Week2, CJA345 Week 2, CJA345 Week3, CJA345 Week 3, CJA345 Week4, CJA345 Week 4, CJA345 Week5, CJA345 Week 5, MGT448 Week 4, MGT448 Week 3, MGT448 Week5, MGT448 Week4, MGT448 Week3, MGT448 Week2, MGT448 Week1, ISCOM305 Week 4, ISCOM305 Week 3,ISCOM305 Week 2, ISCOM305 Week5, ISCOM305 Week4, ISCOM305 Week3, ISCOM305 Week2, ISCOM305 Week1, PSY280 Week4, PSY280 Week3, PSY280 Week2, PSY280 Week1, PSY280 Week5, PSY280 Week5, PSY225 Week 5, PSY225 Week 4, PSY225 Week5, PSY225 Week4, PSY225 Week3, PSY225 Week2

Review the following scenario and answer the questions below. You will have two attempts for this assessment.

GRANNY GETS CANNED
Screenplay

Cast:

Kari—a 31-year-old office manager
Joe—a 28-year-old office worker
Susan—a 53-year-old analyst
Elizabeth—the HR department manager

Scene:

In Kari’s office. Kari is on the telephone, wiping spilled coffee off her blouse.

KARI: No, as a matter of fact, this is not a good time. I just walked through the door and spilled coffee on myself. I have an important meeting to get to, and I need to pull some things together to get ready. I’ll call you back.

Kari hangs up the phone as Joe walks into her office.

JOE: Knock, knock. What happened to you? You look terrible.

KARI: Geez, thanks. I bet you say that to all the girls. I’m late, scalded, and generally irritable. What do you want?

JOE: I’ve got a question. Are you still planning on using that PowerPoint deck for the meeting with the execs today?

KARI: Yes, why?

JOE: Because Susan actually hasn’t put it together yet. You know she made some big mistakes last time. It cost the company a lot of money to fix it for the client—not to mention our reputation taking a hit.

KARI: What?! She’s known about it for three days!

JOE: I know, I heard her yesterday, griping about it. Saying she’s got too much to do and she doesn’t know what her priorities should be and she hasn’t had the training or feedback.

KARI: Aww, gimme a break . . . she’s always got an excuse!

JOE: She’s just too slow. She doesn’t understand our software.

KARI: You know, when she applied for this job, she said she could multitask, but that woman cannot blink and breathe at the same time. She completely screwed up last month’s budget because—get this—she said she’s not that great at Excel. I mean, hello? This is the age of computers, granny! It’s half the job!

Kari calls Susan on the telephone.

KARI: Susan, I need you in my office . . . now!

Joe hears Susan’s muffled assent, and Kari hangs up.

JOE: What are you going to do?

KARI: Do me a favor, would you? Just get Mary to throw that PowerPoint deck together. I’ll handle Susan.

Susan leave Kari’s office. Kari gets on the telephone and calls HR.

KARI: Hello, Elizabeth. Kari here. Listen, I finally fired Susan. I’m calling to let you guys in HR know.

Pause, Elizabeth speaking but unheard.

KARI: Well, I didn’t think I needed to call security. You know, I like to keep things informal.

Pause, Elizabeth speaking but unheard.

KARI: What do you mean, other warnings? I’ve called her out many times for her mistakes. No, we’ve never had a disciplinary meeting or whatever . . . she just screws everything up. She’s way too slow. And get this—she just called me a jerk!

Pause, Elizabeth speaking but unheard.

KARI: What? How many employees in my department are over 40 years old? None, now that I’ve fired Susan.

Pause, Elizabeth speaking but unheard.

KARI: I do not have a problem with older people. I hired her.

Pause, Elizabeth speaking but unheard.

KARI: What a stupid question. I have had sensitivity training. WITH YOU!

Pause, Elizabeth speaking but unheard.

KARI: Yeah, she did just get back from taking family and medical leave for two weeks to care for her daughter, who was sick with cancer. Now you’re worrying too much.

Pause, Elizabeth speaking but unheard.

Elizabeth hangs up the telephone on Kari.

KARI: Hello, Elizabeth, are you there?

END

 

In this scenario, Kari makes light of the Employee Handbook. Kari should not do this, because under federal employment law, a company’s Employee Handbook ______________.

  • Is always interpreted in favor of the employee over the employer
  • Protects workers over 40 years of age under the Age Discrimination in Employment Act
  • Can be an implied contract to which the employer and the employee are bound
  • Provides triple damages in age discrimination cases

Susan tries to explain to Kari that her job duties were unclear. If Susan sues for discrimination under the ADEA, this fact __________.

  • Is irrelevant to the case
  • Provides a defense for Kari and her company
  • May help Susan if employees under 40 years old were given express instructions about job duties and she was not
  • Will not help her, because it was Susan’s duty to ask about her job performance

Kari tells Susan that she is being fired because she is not getting the work done, talking too much about relatives, and not pulling her weight on her team. According to the ADEA, which of the following statements pertains to these facts?

  • They are mixed-motive defenses.
  • They are sufficient defenses to Susan’s claim of age discrimination.
  • They are immaterial to Susan’s case.
  • They establish the prima facie case of age discrimination.

If Susan sues but fails to make her case for age discrimination, she might still make a case for _____________.

  • Gender orientation discrimination due to her recent leave under the Family and Medical Leave Act
  • Breach of the warranty of good faith
  • Restitution due to her need to support her daughter
  • Retaliation due to her recent leave under the Family and Medical Leave Act

A good defense for Kari against any lawsuit by Susan for age discrimination is the ________ defense.

  • Same gender
  • Same company
  • Same actor
  • Same department

If Susan’s claim of age discrimination does not prevail, she might win a case for ____________.

  • Gender plus discrimination
  • Breach of the duty of good faith and fair dealing
  • Intentional interference with a contract
  • Wrongful discharge

It appears from this scenario that Kari had never formally evaluated Susan’s work performance. Performance reviews are not required by the law. What additional information would help Kari to defend herself in a lawsuit?

  • The company mandates performance evaluations for all employees.
  • Susan never asked for a performance evaluation.
  • Evaluations were given to every employee except Susan.
  • No evaluations were given to any employees.

Kari intended to write up a report of Susan’s poor performance after the fact, that is, after Susan had been fired. What would be the effect of this action in a subsequent lawsuit?

  • A jury would put no credibility on a formal written performance appraisal written shortly after an employee was terminated and prepared in anticipation of a lawsuit.
  • It would have no effect, because under the ADEA no performance appraisals are allowed to be submitted as evidence in a lawsuit.
  • A judge would not allow a performance appraisal to be admitted under the “best evidence” rule.
  • A jury would put great credibility on a formal written performance appraisal written shortly after an employee was terminated.

In this scenario, Susan could be determined to have engaged in __________.

  • Malingering
  • Insubordination
  • Bad faith
  • Negligence

In a lawsuit by Susan against Kari’s company, the fact that there are no employees over 40 within Kari’s department is most likely ____________.

  • Immaterial, as Susan is being fired for legitimate performances issues—being slow, making mistakes and not pulling her weight
  • Material, because it directly shows age discrimination
  • Immaterial, because Susan is not old enough to make a case for age discrimination
  • Material, as it could be used to show age discrimination—more facts are needed

 

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