1. How was the employee in the Bard case (p. 564) challenging his termination? Was he seeking protection under a federal or state statute? Did this statute provide protection for internal complaints to management? Why didn’t the employee prevail in this matter?
2. What is the difference between whistleblowing and retaliation claims? In 2013 California passed SB 496 which concerned whistleblowing. How did this law extend protections for California employees reporting suspected illegal behavior? Do you feel that this law would have benefited the plaintiff in the Garcetti case we discussed in chapter 7? Why or why not.
3. The plaintiff’s arguments in the Gordon case (p. 583) rely on the Scaramuzzo case (cited within). Why didn’t this case help the plaintiff?
4. In the Wooley case (p. 593) did the employee handbook modify the employment contract between the employer and employee? Why or why not? What advice for employers can be gleaned from this ruling?
5. What was the issue in Cleary (p. 607) and why was this an important case in California?
6. What impact did the Foley decision (p. 608) have on the application of the covenant of good faith and fair dealing to employment contracts? Do you agree with the majority or dissenting opinion regarding damages for a breach of the covenant? Why?
7. The employee in Gantt (p. 626) seeks to invoke a public policy exception to his employment at will. What type of damages typically accompany this cause of action? What was the basis of the employee’s claim?
8. What were the respective rights of the employees and the employer that were at issue in the Hanson case (p. 634)? How did the court decide between these respective rights and why?
9. Do you agree with the majority or dissent in the Gardner case (p. 640)? Why?