Employment Law Midterm Exam – Study Guide, Practice Questions & Legal
Review 2026
Ch.1
What are the 5 sources of employment law? - correct answer ✔✔1. Constitution
2. Statutes (Title VII)
3. Executive Orders
4. Regulations (regul. issued by OSHA)
5. Common Law
Ch.1
What is the "Employment at Will" Doctrine?
(substantive right under employment law) - correct answer ✔✔a. An employee can quit at any
time for any reason or no reason at all.
b. An employer can fire an employee at any time for any reason or no reason at all, except for
reasons prohibited by law
c. If the parties' relationship is governed by a contract, the contract controls
Ch. 1
What are the FIVE substantive rights under employment law that are exceptions to the
Employment at Will Doctrine? - correct answer ✔✔1. Nondiscrimination & Equal Employment
Opportunity (Title VII, ADEA, Equal Pay Act, ADA)
2. Freedom to Engage in Concerted Activity and Collective Bargaining (NLRA, Railway Labor Act)
3. Terms and Conditions of Employment that Meet Minimum Standards (FLSA, FMLA, OSHA)
,4. Protection of Fundamental Rights (Fair Credit Reporting Act, Electronic Comm. Privacy Act)
5. Compensation for Certain Types of Harm
Ch. 1
Since Texas is a right to work state, how does this affect an employee if a union is present? -
correct answer ✔✔**Right to work has nothing to do with non-compete
- If union comes, employee can choose to join or not (if not, you can still work there)
- When a state is NOT a right-to-work state, employee is forced to join union (if not, they can no
longer work there)
Ch. 1
What are the SIX factors used to determine which employment laws apply? - correct answer
✔✔1. Public Sector or Private Sector Employment
2. Unionized or Nonunion Workplace
3. Employer Size (Calculated by the payroll method)
4. Geographic Location
5. Government Contracts
6. Industry and Occupation
Ch. 1
What is the "payroll method" used to calculate employer size? - correct answer ✔✔An
employee is counted for each full week between when she is hired and when she leaves
employment
(regardless of the number of days or hours the employee worked during those weeks)
,Ch. 1
(Procedures for Enforcing Employment Law)
What Does an Employee Decide to Do When She Believes That Her Rights Were Violated? -
correct answer ✔✔The courts and govt. agencies rely on individ. employees to come forward
and assume the burden of taking legal action to both remedy the harm that was done to them
and to uphold public policy
Ch. 1
(Procedures for Enforcing Employment Law)
How Long Does the Employee Have to Bring a Case? - correct answer ✔✔Depends on:
1. the limitations period - clock starts ticking when employee receives unequivocal written/oral
notice of a decision (ex. termination)
2. if equitable tolling applies
Ch. 1
(Procedures for Enforcing Employment Law)
How Long Does the Employee Have to Bring a Case?
What is the limitations period for an employee to bring an unfair labor practice case? - correct
answer ✔✔Unfair labor practices = NLRB
charges brought to NLRB within 6 months of occurence
Ch. 1
(Procedures for Enforcing Employment Law)
How Long Does the Employee Have to Bring a Case?
, What is the limitations period for an employee to bring a discrimination case? - correct answer
✔✔Discrimination = EEOC
- generally have 300 days to file charge with EEOC
- or 180 days in states that do not have their own state civil rights agencies)
- HOWEVER only 90 days to file suit if the EEOC's efforts to resolve case are unsuccessful
Ch. 1
(Procedures for Enforcing Employment Law)
How Long Does the Employee Have to Bring a Case?
What is the limitations period for an employee to bring a wage dispute case? - correct answer
✔✔Wage and hour dispute = FLSA
- can go back as far as 3 years
Ch. 1
(Procedures for Enforcing Employment Law)
How Long Does the Employee Have to Bring a Case?
What is equitable tolling and when does it apply? - correct answer ✔✔Equitable tolling = A
court may excuse an untimely filing:
1. if an employee is unaware of her rights bc she was actively misled by her employer
OR
2. the employer failed to meet its legal obligation to post information in the workplace
Ch. 1
(Procedures for Enforcing Employment Law)
Review 2026
Ch.1
What are the 5 sources of employment law? - correct answer ✔✔1. Constitution
2. Statutes (Title VII)
3. Executive Orders
4. Regulations (regul. issued by OSHA)
5. Common Law
Ch.1
What is the "Employment at Will" Doctrine?
(substantive right under employment law) - correct answer ✔✔a. An employee can quit at any
time for any reason or no reason at all.
b. An employer can fire an employee at any time for any reason or no reason at all, except for
reasons prohibited by law
c. If the parties' relationship is governed by a contract, the contract controls
Ch. 1
What are the FIVE substantive rights under employment law that are exceptions to the
Employment at Will Doctrine? - correct answer ✔✔1. Nondiscrimination & Equal Employment
Opportunity (Title VII, ADEA, Equal Pay Act, ADA)
2. Freedom to Engage in Concerted Activity and Collective Bargaining (NLRA, Railway Labor Act)
3. Terms and Conditions of Employment that Meet Minimum Standards (FLSA, FMLA, OSHA)
,4. Protection of Fundamental Rights (Fair Credit Reporting Act, Electronic Comm. Privacy Act)
5. Compensation for Certain Types of Harm
Ch. 1
Since Texas is a right to work state, how does this affect an employee if a union is present? -
correct answer ✔✔**Right to work has nothing to do with non-compete
- If union comes, employee can choose to join or not (if not, you can still work there)
- When a state is NOT a right-to-work state, employee is forced to join union (if not, they can no
longer work there)
Ch. 1
What are the SIX factors used to determine which employment laws apply? - correct answer
✔✔1. Public Sector or Private Sector Employment
2. Unionized or Nonunion Workplace
3. Employer Size (Calculated by the payroll method)
4. Geographic Location
5. Government Contracts
6. Industry and Occupation
Ch. 1
What is the "payroll method" used to calculate employer size? - correct answer ✔✔An
employee is counted for each full week between when she is hired and when she leaves
employment
(regardless of the number of days or hours the employee worked during those weeks)
,Ch. 1
(Procedures for Enforcing Employment Law)
What Does an Employee Decide to Do When She Believes That Her Rights Were Violated? -
correct answer ✔✔The courts and govt. agencies rely on individ. employees to come forward
and assume the burden of taking legal action to both remedy the harm that was done to them
and to uphold public policy
Ch. 1
(Procedures for Enforcing Employment Law)
How Long Does the Employee Have to Bring a Case? - correct answer ✔✔Depends on:
1. the limitations period - clock starts ticking when employee receives unequivocal written/oral
notice of a decision (ex. termination)
2. if equitable tolling applies
Ch. 1
(Procedures for Enforcing Employment Law)
How Long Does the Employee Have to Bring a Case?
What is the limitations period for an employee to bring an unfair labor practice case? - correct
answer ✔✔Unfair labor practices = NLRB
charges brought to NLRB within 6 months of occurence
Ch. 1
(Procedures for Enforcing Employment Law)
How Long Does the Employee Have to Bring a Case?
, What is the limitations period for an employee to bring a discrimination case? - correct answer
✔✔Discrimination = EEOC
- generally have 300 days to file charge with EEOC
- or 180 days in states that do not have their own state civil rights agencies)
- HOWEVER only 90 days to file suit if the EEOC's efforts to resolve case are unsuccessful
Ch. 1
(Procedures for Enforcing Employment Law)
How Long Does the Employee Have to Bring a Case?
What is the limitations period for an employee to bring a wage dispute case? - correct answer
✔✔Wage and hour dispute = FLSA
- can go back as far as 3 years
Ch. 1
(Procedures for Enforcing Employment Law)
How Long Does the Employee Have to Bring a Case?
What is equitable tolling and when does it apply? - correct answer ✔✔Equitable tolling = A
court may excuse an untimely filing:
1. if an employee is unaware of her rights bc she was actively misled by her employer
OR
2. the employer failed to meet its legal obligation to post information in the workplace
Ch. 1
(Procedures for Enforcing Employment Law)
