Subject: Business    / Management

Question 1. Question : What dangers, if any exists, where an employer has insisted upon an arbitration clause in an employment agreement that specifies that “any and all claims arising out of the employment shall be resolved by mandatory arbitration”? Consider the courts’ opinions in EEOC v. Waffle House and Circuit City v. Saint Clair Adams in your answers.

Question 2. Question : What is the theory of Constructive Discharge of Employment? How does it differ in kind and in meaning from Actual Discharge of Employment?

Question 3. Question : As demonstrated in Avery Foster v. Federal Express, when and under what circumstances may an employee handbook constitute an employment contract rather than an employment at will circumstance?

Question 4. Question : When and under what circumstances may employers monitor employee’s emails?

Question 5. Question : What is a “whistleblower act”? What federal act now primarily governs whistleblower actions? What is the theoretical purpose of such an act?

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