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MMLU-Pro / 1755 / A woman was hired by a restaurant as a cashier under an at-will employment…

Problem

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question

A woman was hired by a restaurant as a cashier under an at-will employment contract. On the woman's first day at work, she noticed a sign in the kitchen area that read:"IMPORTANT NOTICE TO ALL EMPLOYEESEmployees are not permitted to smoke during working hours. Any employee who is found to be in violation of this policy will be fined 50forthefirstoffense;50 for the first offense; 100 for the second offense; and fired for the third violation. "The woman, who was a smoker, read the notice, but did not object or make any comment regarding the restaurant's nonsmoking policy. For six months, the woman worked at the restaurant and never smoked during business hours. One afternoon, the woman was working when an armed robber stormed into the restaurant. He pointed a pistol at the woman and demanded all the money from the cash register. Frightened and panic stricken, the woman handed over the money and then collapsed. Moments later, she regained consciousness and then smoked a cigarette while she regained her composure. Thereafter, the woman resumed her duties for the rest of the day. The next week, however, when the woman received her pay check, she noticed that the restaurant had deducted 50fromhercheck.Anotewasattachedindicatingthatthewomanwasbeingfinedforsmokingduringbusinesshours.Althoughthewomanprotested,therestaurantrefusedtomakeanywaiverandstoodbyitspolicy.Inanactionbythewomanagainsttherestauranttorecoverthe50 from her check. A note was attached indicating that the woman was being fined for smoking during business hours. Although the woman protested, the restaurant refused to make any waiver and stood by its policy. In an action by the woman against the restaurant to recover the 50, which of the following is the best argument in the woman's favor?
Plain-text mathematical notation (without MathML)
A woman was hired by a restaurant as a cashier under an at-will employment contract. On the woman's first day at work, she noticed a sign in the kitchen area that read:"IMPORTANT NOTICE TO ALL EMPLOYEESEmployees are not permitted to smoke during working hours. Any employee who is found to be in violation of this policy will be fined 50forthefirstoffense;100 for the second offense; and fired for the third violation. "The woman, who was a smoker, read the notice, but did not object or make any comment regarding the restaurant's nonsmoking policy. For six months, the woman worked at the restaurant and never smoked during business hours. One afternoon, the woman was working when an armed robber stormed into the restaurant. He pointed a pistol at the woman and demanded all the money from the cash register. Frightened and panic stricken, the woman handed over the money and then collapsed. Moments later, she regained consciousness and then smoked a cigarette while she regained her composure. Thereafter, the woman resumed her duties for the rest of the day. The next week, however, when the woman received her pay check, she noticed that the restaurant had deducted 50fromhercheck.Anotewasattachedindicatingthatthewomanwasbeingfinedforsmokingduringbusinesshours.Althoughthewomanprotested,therestaurantrefusedtomakeanywaiverandstoodbyitspolicy.Inanactionbythewomanagainsttherestauranttorecoverthe50, which of the following is the best argument in the woman's favor?
Original LaTeX notation
A woman was hired by a restaurant as a cashier under an at-will employment contract. On the woman's first day at work, she noticed a sign in the kitchen area that read:"IMPORTANT NOTICE TO ALL EMPLOYEESEmployees are not permitted to smoke during working hours. Any employee who is found to be in violation of this policy will be fined $50 for the first offense; $100 for the second offense; and fired for the third violation. "The woman, who was a smoker, read the notice, but did not object or make any comment regarding the restaurant's nonsmoking policy. For six months, the woman worked at the restaurant and never smoked during business hours. One afternoon, the woman was working when an armed robber stormed into the restaurant. He pointed a pistol at the woman and demanded all the money from the cash register. Frightened and panic stricken, the woman handed over the money and then collapsed. Moments later, she regained consciousness and then smoked a cigarette while she regained her composure. Thereafter, the woman resumed her duties for the rest of the day. The next week, however, when the woman received her pay check, she noticed that the restaurant had deducted $50 from her check. A note was attached indicating that the woman was being fined for smoking during business hours. Although the woman protested, the restaurant refused to make any waiver and stood by its policy. In an action by the woman against the restaurant to recover the $50, which of the following is the best argument in the woman's favor?

category

law

options

  1. The woman was not given a warning before the fine was implemented, which goes against standard disciplinary procedures.
  2. The woman was not properly informed of the nonsmoking policy upon her hire, rendering the fine invalid.
  3. The nonsmoking provision concerning disciplinary action is unenforceable, because it attempts to impose a penalty instead of reasonably liquidating the damages, if any, sustained by the restaurant.
  4. The restaurant's nonsmoking policy violates the woman's right to smoke, which is protected under the law.
  5. The nonsmoking provision is discriminatory as it does not take into account the personal habits or needs of the employees.
  6. The restaurant violated the woman's rights by imposing a fine without giving her a chance to defend herself.
  7. The restaurant impliedly waived the nonsmoking provision by permitting the woman to continue working for the rest of the day.
  8. The restaurant's nonsmoking policy concerned a collateral matter that was not incorporated within the terms of their employment contract.
  9. The nonsmoking provision constituted a constructive condition subsequent that was excused because of temporary impracticability.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1755
task_id
981ad252-d8ee-55bf-aae5-dd7ed54ca64d
task_key
default--test--1755
task_revision_id
1
config / split
default / test

Official source

initial import