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79. It is estimated that _____ of employees in the United States work without benefit of an employment contract.
a.
20 percent
b.
40 percent
c.
89 percent
d.
66 percent
80. Which of the following is NOT an example of how an implied contract may become binding?
a.
Telling employees their jobs are secure as long as they perform satisfactorily and are loyal to the organization
b.
Failing to create an employee handbook or conducting performance appraisals on a routine basis
c.
Stating in the employee handbook that employees will not be terminated without the right of defense or access
to an appeal procedure
d.
Urging an employee to leave another organization by promising higher wages and
benefits, then reneging on those promises after the person has been hired
81. Which of the following provisions forbids employees from revealing proprietary information outside the company,
either during or following their employment?
a.
Nondisclosure of information agreement
b.
Intellectual property agreement
c.
Noncompete agreement
d.
Nonpiracy agreement
82. Which of the following provisions grants to an employer the ownership of an idea, invention or process, or work of
authorship developed by the employee during the time of employment?
a.
Nondisclosure of information agreement
b.
Intellectual property agreement
c.
Noncompete agreement
d.
Nonpiracy agreement
83. An advantage of impairment testing is that:
a.
it identifies employees who are impaired for reasons other than drug use.
b.
it covers on and off-duty behavior.
c.
it has a lower blood alcohol level standard than most states.
d.
it is conducted by a police officer, thereby relieving the company of liability.
84. Which of the following provisions prevents ex-employees from either becoming a competitor or working for a
competitor for a designated period of time?
a.
Nondisclosure of information agreement
b.
Intellectual property agreement
c.
Noncompete agreement
d.
Nonpiracy agreement
85. Employers should apply all of the following guidelines in developing a search policy EXCEPT:
a.
ensuring that the search policy is widely communicated across the entire organization.
b.
enforcing all search policies on an evenhanded basis.
c.
trying to gain the employee's consent before starting the search.
d.
engaging in searches publicly, so that employees understand that searches do take place.
86. Which of the following provisions prohibits ex-employees from soliciting clients or customers of former employers
for a specific period of time and from disclosing or making use of confidential employer information?
a.
Nondisclosure of information agreement
b.
Intellectual property agreement
c.
Noncompete agreement
d.
Nonpiracy agreement
87. In _____, the Court stated a general rule that if an employer deliberately makes an employee’s working conditions so
intolerable that the employee is forced into involuntary resignation, then the employer has encompassed a constructive
discharge and is liable for any illegal conduct involved therein.
a.
Circuit City Stores Inc. v. Allen
b.
Toussaint v. Blue Cross and Blue Shield of Michigan
c.
NLRB v. Weingarten, Inc.
d.
Young v. Southwestern Savings and Loan Association
88. The _____ requires that an employee’s medical history be kept separately from other personal information.
a.
Privacy Act
b.
Fair Credit Reporting Act
c.
Americans with Disabilities Act
d.
Health Insurance Portability and Accountability Act
89. _____ is the most frequent equal employment opportunity (EEO) complaint.
a.
Wrongful discharge
b.
Discrimination
c.
Retaliation
d.
Harassment
90. Which of the following actions does NOT reduce retaliation discharges?
a.
Taking no adverse action against employees when they file complaints.
b.
Publicizing employee complaints to place other employees on notice.
c.
Being consistent and objective in the treatment of employees.
d.
Harboring no animosity toward employees if they file discrimination lawsuits.
91. Which management group has the primary responsibility of developing disciplinary policies and procedures?
a.
The legal department
b.
The top-level management
c.
The Human Resources department
d.
The middle management
92. Which of the following does NOT belong in the disciplinary model?
a.
Discharge
b.
Negotiation and mediation
c.
Due process
d.
Disciplinary interviews
93. Illegal substances remain in urine for various periods of time: cocaine for approximately ____, marijuana for ____ or
longer.
a.
24 hours; one week
b.
48 hours; two weeks
c.
72 hours; three weeks
d.
96 hours; four weeks
94. ____ places restrictions on employers in their ability to listen to telephone calls made by employees.
a.
The Whistleblower Protection Act
b.
The Americans Disabilities Act
c.
The Privacy Act
d.
The Electronic Communications Privacy Act
95. A Gallup poll found that the average employee with Internet access spends more than _____ per day surfing websites
that have nothing to do with their jobs.
a.
one hour
b.
two hours
c.
three hours
d.
four hours
96. The states that grant employees the privilege to see their personnel files generally does not provide:
a.
the right to alter the details of one’s personnel file.
b.
the right to inspect one’s own personnel file.
c.
the right to a copy of one’s personnel file.
d.
the right to correct inaccurate data in the file.
97. Which of the following questions should one consider when investigating an employee offense?
a.
Does one have at least three sources of facts?
b.
Is there evidence that the offense hurt the organization?
c.
Is there both direct and indirect evidence of guilt?
d.
Was the employee warned of the consequence at least two times?
98. Carmen, a new supervisor, wants to correctly document the poor performance of an employee. Which of the following
actions would she NOT have to perform?
a.
Performing a current performance appraisal of the employee.
b.
Noting the date, time, and location of the misconduct.
c.
Recording the consequences of the employee's action on the work unit.
d.
Listing the negative behavior exhibited by the employee.
99. The ____ prohibits educational institutions from supplying information about students without prior consent.
a.
Electronic Communications Privacy Act
b.
Privacy Act
c.
Federal Education Rights and Privacy Act
d.
Fair Credit Reporting Act
100. In NLRB v Weingarten, Inc., the U.S. Supreme Court ruled that:
a.
unionized employees have certain rights to representation when subjected to an investigatory interview.
b.
once employers begin to investigate an employee by interviewing him/her, the court must interview all
relevant witnesses.
c.
all employees have a right to request representation when subjected to an investigative interview.
d.
employees also have a right to interview witnesses in order to refute charges against them.
101. The _____ permits job applicants and employees to know of the existence and context of any credit files maintained
on them.
a.
Electronic Credits Privacy Act
b.
Privacy Act
c.
Federal Education Rights and Privacy Act
d.
Fair Credit Reporting Act
102. Discipline programs designed to motivate an employee to correct his or her misconduct voluntarily are known as:
a.
hot-stove programs.
b.
progressive discipline programs.
c.
respect-discipline programs.
d.
step help programs.
103. In a typical progressive discipline program, what step immediately precedes the termination of an employee?
a.
A written warning
b.
Formal discussions
c.
An oral warning
d.
Suspension
104. The ____ prohibits the interception, recording, or disclosure of wire, electronic, and aural communications through
any electronic, mechanical, or other device.
a.
Electronic Communications Privacy Act
b.
Privacy Act
c.
Family Education Rights and Privacy Act
d.
Fair Credit Reporting Act
105. Joint discussion and problem-solving activities to overcome employee misconduct are central to:
a.
progressive discipline programs.
b.
positive discipline programs.
c.
nondirective counseling programs.
d.
management-by-objectives programs.
106. In the second step of a positive discipline system to correct undesirable employee conduct, managers issue a
to an employee to improve his or her unacceptable performance.
a.
warning
b.
reprimand
c.
policy summary
d.
written reminder
107. An employer-paid decision-making leave:
a.
gives employees time to consider a new job offer in other organizations.
b.
is reserved for white-collar and scientific employees.
c.
gives employees time to consider whether they wish to remain with the organization.
d.
is often used to let an irate employee calm down.
108. Before firing an employee, employers should apply the:
a.
principles of just cause.
b.
standards of employment conduct.
c.
rules of fair employment.
d.
policies of equity and responsibility.
109. The ____ applies to federal agencies and to organizations supplying goods or services to the federal government;
gives individuals the right to examine references regarding employment decisions.
a.
Electronic Communications Privacy Act
b.
Fair Credit Reporting Act
c.
Privacy Act
d.
Education Rights and Privacy Act
110. Termination meetings should be held:
a.
in the manager's office.
b.
at the employee's work station.
c.
in the parking lot or outside the employer's premises.
d.
in a neutral location, such as a conference room.
111. The interpretation of due process would include all of the following EXCEPT:
a.
the right to fair discipline based on facts.
b.
the right to appeal.
c.
the right to legal representation.
d.
the right to consistent and predictable management actions.
112. Which of the following complaint procedures is a unionized employee likely to use?
a.
A step-review system
b.
A hearing officer complaint system
c.
A grievance procedure
d.
A peer-review procedure
113. Alternative dispute resolution procedures, such as arbitration:
a.
may be required of an employee by an employer in lieu of a lawsuit.
b.
are legal only with a collective bargaining agreement in a union environment.
c.
propose rather than impose a solution.
d.
are prohibited by the Civil Rights Act except with public employees.
114. The employee complaint process that is most similar to a grievance procedure under a union contract is the:
a.
open-door policy.
b.
hearing officer complaint system.
c.
peer-review system.
d.
step-review system.
115. Which of the following employee groups does the last step of a conventional step-review appeal procedure involve?
a.
The top management
b.
The Human Resources specialists
c.
A tribunal of department heads
d.
A jury consisting of an equal number of supervisory and nonsupervisory employees
116. A peer-review board consists of:
a.
an equal number of employee representatives and management appointees.
b.
managers above the level of the supervisor whose decision is being appealed.
c.
employees at the same level as the appealing employee.
d.
managers, subordinates, and a number of unbiased third-party participants who do not work for the employer.
117. In a peer-review board, employee representatives are:
a.
appointed by the union.
b.
appointed by the management.
c.
elected by co-workers.
d.
selected by the complainant.
118. An open-door policy:
a.
is a requirement of the alternative dispute resolution process.
b.
is based on a pre-established set of steps for the review of an employee complaint by successively higher
levels of management.
c.
identifies various levels of management above an employee's immediate supervisor that an aggrieved
employee may contact.
d.
by the HR Department is the best resolution to any employee complaint.
119. If managers want to maintain an effective open-door policy, they must:
a.
formalize the procedure and encourage employees to start at the top.
b.
ensure that employees come to them only with job-related concerns.
c.
emphasize that they can offer solutions only on an advisory basis.
d.
encourage employees to voice their complaints and listen honestly to those concerns.
120. The individual who listens to employees' complaints and then tries to seek solutions through negotiation and
mediation is known as a(n):
a.
hearing officer.
b.
employee assistance program counselor.
c.
step-review coordinator.
d.
ombudsman.
121. Which of the following statements is NOT true about an ombudsman system?
a.
Ombudsmen listen and act as mediators between employees and their supervisor.
b.
Ombudsmen help an organization by providing a check on management.
c.
Ombudsmen do not threaten the security of managers or employees involved in a complaint.
d.
Ombudsmen can easily resolve a complaint by overruling a supervisor's decision.
122. The cornerstone and major benefit of mediation is that:
a.
it is a formal process and therefore easily undertaken.
b.
the parties involved maintain control over the settlement outcome.
c.
a mediator can quickly settle a dispute by declaring a resolution.
d.
the mediator is a representative of management.
123. One authority has described _____ as a private discussion assisted by an impartial third party.
a.
mediation
b.
arbitration
c.
a peer-review system
d.
a step-review system
124. In _____, the U.S. Supreme Court ruled that employees can file discrimination suits with the EEOC even when the
employer has a mandatory arbitration agreement that is signed by the employee.
a.
EEOC v. Waffle House Inc.
b.
EEOC v. Adams
c.
EEOC v. Interstate/Johnson Lane Corp.
d.
EEOC v. United States
125. _____ can be defined as a set of acceptable conduct and moral judgments.
a.
Morals
b.
Ethics
c.
Rules
d.
Legislation
126. Which of the following is NOT a primary goal of ethics training?
a.
To avoid unethical behavior
b.
To gain publicity
c.
To gain a strategic advantage
d.
To treat employees in a fair and equitable manner
127. Federal and state courts generally view the privacy rights of employees as:
a.
minimal.
b.
nearly absolute.
c.
mostly contractual.
d.
increasingly dominant.
128. The concern about a workplace romance is:
a.
unrealistic expectations.
b.
jealousy on the part of a third party.
c.
employer liability.
d.
embarrassing publicity.
129. Body art is increasingly popular among:
a.
semi-retired employees.
b.
Generation X and Y workers.
c.
older males.
d.
new immigrants.
130. The ombudsman is an advocate for:
a.
the society.
b.
the underdog.
c.
an organization.
d.
a fair process.
131. Compare and contrast employee rights and the employment-at-will doctrine.
132. Briefly discuss the concept of wrongful discharge and the three exceptions to the employment-at-will doctrine.
133. Briefly discuss some ways in which employers can avoid wrongful termination lawsuits.
134. What is progressive discipline? How does it differ from positive discipline?
135. What are some of the pros and cons of open-door policies?
136. What are the key components of a good disciplinary model?
137. Why are whistle-blowing cases troublesome for all concerned?
