Under the whistle-blower exception to the general rule of ...

[lb_gilbert]

Under the whistle-blower exception to the general rule of employers having the right to dismiss employees:
 a. private employers do not have the right to fire employees who report possible violations of the law by their employer
  b. private employers do not have the right to fire employees who report legal problems that are found to be actual violations of the law once investigated
  c. private employers are less likely to be subject to whistle-blower exceptions than are public sector employers d. whistle blowers do not have any rights against an employer, but have the right to compensation from aspecial fund that rewards whistle blowing
 e. none of the other choices

Question 2

Clean Water Act. Attique Ahmad owned the Spin-N-Market, a convenience store and gas station. The gas pumps were fed by underground tanks, one of which had a leak at its top that allowed water to enter. Ahmad emptied the tank by pumping its contents into a storm drain and a sewer system. Through the storm drain, gasoline flowed into a creek, forcing the city to clean the water. Through the sewer system, gasoline flowed into a sewage treatment plant, forcing the city to evacuate the plant and two nearby schools. Ahmad was charged with discharging a pollutant without a permit, which is a criminal violation of the Clean Water Act. The act provides that a person who knowingly violates the act commits a felony. Ahmad claimed that he had believed he was discharging only water. Did Ahmad commit a felony? Why or why not? Discuss fully.

[Jody Vaughn]

Answer to Question 1

c

Answer to Question 2

Clean Water Act
Ahmad was convicted in the federal district court in which he was tried, and he appealed to the U.S. Court of Appeals for the Fifth Circuit. The appellate court reversed the conviction. We find it eminently sensible that the phrase knowingly violates'    should uniformly require knowledge as to each of the elements of a violation, including the nature of the substance discharged. f knowledge is not required as to the nature of the substance discharged, one who honestly and reasonably believes he is discharging water may find himself guilty of a felony if the substance turns out to be something else.