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1. Employee rights can be defined as the guarantees of fair treatment that workers expect in return for their services to an
employer.
a.
True
b.
False
2. In law, negligence is the failure to use a reasonable amount of care when such failure results in injury to another
person.
a.
True
b.
False
3. Negligent hiring occurs when an employer hires an employee who is prone to violent behavior.
a.
True
b.
False
4. The employment-at-will doctrine states that either employees or their employers may terminate the employment
relationship for any reason.
a.
True
b.
False
5. Wrongful discharge is legal under the employment-at-will doctrine.
a.
True
b.
False
6. The significance of wrongful discharge suits is that they challenge an employer's right under the employment-at-will
doctrine to unilaterally discharge employees.
a.
True
b.
False
7. An implied contract may result from statements found in employee handbooks or other employment documents.
a.
True
b.
False
8. During her interview, Angela is told by her future manager that if she is a good employee, she will have a permanent
job with the company. This situation is an example of an implied contract.
a.
True
b.
False
9. The employment-at-will doctrine gives managers and supervisors the unrestricted right of termination.
a.
True
b.
False
10. Whistle-blowing is a protected right of employees.
a.
True
b.
False
11. Telling an employee that their job is secure as long as they perform satisfactorily and are loyal to their organization
does not make an implied contract binding.
a.
True
b.
False
12. One way to help avoid implied contract lawsuits is to have written proof that employees have read the employment-at-
will disclaimers.
a.
True
b.
False
13. Constructive discharge cases involve employees who are forced to quit due to intolerable work conditions.
a.
True
b.
False
14. According to the Workers' Adjustment Retraining and Notification Act, notice of closure or layoff affecting 50 or
more full-time workers must be given to the highest elected local official.
a.
True
b.
False
15. The Workers' Adjustment Retraining and Notification Act (WARN) requires many employers to provide 60 days
notice of plant closure and mass layoff.
a.
True
b.
False
16. The right of privacy, which is recognized by law and legal commentary, includes the general principle of personal
autonomy and largely involves an individual's right to be left alone.
a.
True
b.
False
17. Approximately two million workers are discharged each year.
a.
True
b.
False
18. Federal employees are not covered by the federal Whistleblower Protection Act.
a.
True
b.
False
19. Most legal experts suggest employers use antipiracy agreements rather than noncompete
agreements.
a.
True
b.
False
20. Explicit contracts are not enforceable in court if either the employee or employer violates any provisions of the
agreement.
a.
True
b.
False
21. It is increasingly common for employees to quit or resign from their jobs because of the intolerable acts of their
employers leaving them with no other choice.
a.
True
b.
False
22. In the private sector, drug testing is largely regulated by individual states.
a.
True
b.
False
23. Today, most companies conduct drug tests only when reasonable suspicion or probable cause exists.
a.
True
b.
False
24. One advantage of impairment testing is that it focuses on off-duty behavior rather than workplace conduct.
a.
True
b.
False
25. Few federal laws protect workers from being watched.
a.
True
b.
False
26. According to a recent report by the American Management Association, more than a quarter of employers have fired
workers for misusing e-mail.
a.
True
b.
False
27. According to a recent report by the American Management Association, a third of employers have fired workers for
misusing the Internet.
a.
True
b.
False
28. Impairment testing is always the first step in random drug testing.
a.
True
b.
False
29. U.S. courts consider random searches of employee lockers, suitcases, and toolboxes illegal.
a.
True
b.
False
30. In general, employers have the right to monitor calls and text messages sent from their telecommunications devices,
provided they do so for compelling business -reasons and employees have been informed that their communications will
be monitored.
a.
True
b.
False
31. Because personnel files are the employer's property, an employee may be barred from seeing his or her file.
a.
True
b.
False
32. Employers can discipline employees for off-duty conduct, but there must be a relationship between the employees'
behavior and the effect of that behavior on the organization.
a.
True
b.
False
33. Random searches of employees' personal belongings without probable cause should be avoided.
a.
True
b.
False
34. If a state law allows employees to examine their files, employers can insist that someone from HR, or a supervisor, be
present to ensure that nothing is taken, added, or changed.
a.
True
b.
False
35. A number of states have passed laws that allow employers to fire employees for activities they pursue offsite on their
own time.
a.
True
b.
False
36. An employee’s immediate supervisor is the logical person to apply the company’s disciplinary procedure.
a.
True
b.
False
37. A supervisor in a romantic relationship with a subordinate becomes immediately vulnerable to a sexual harassment
claim.
a.
True
b.
False
38. In an organizational setting, discipline should be viewed as a way of correcting poor performance rather than as a
punishment.
a.
True
b.
False
39. One of the goals of discipline is that it should be considered as training that molds and strengthens desirable conduct,
corrects undesirable conduct, and helps in developing self-control.
a.
True
b.
False
40. Documentation of an employee's misconduct includes stating the improvement expected by the employer.
a.
True
b.
False
41. The NLRB v Weingarten ruling requires that nonunion employees always be the cause of the right to representation
during an investigative interview.
a.
True
b.
False
42. According to the Weingarten ruling, an employer must bargain with the employee's representative during an
investigative interview.
a.
True
b.
False
43. Progressive discipline is designed to force an employee to improve his/her performance involuntarily.
a.
True
b.
False
44. Progressive discipline results from using positive reinforcement instead of punishment to correct behavioral problems.
a.
True
b.
False
45. Dreadlocks and beards are protected religious observance rights under Title VII of the Civil Rights Act.
a.
True
b.
False
46. The typical sequence of progressive discipline is written warning, oral warning, suspension, and discharge.
a.
True
b.
False
47. Bill has been found guilty of theft, a termination offense. Before he is discharged, his manager must ensure that all the
steps of progressive discipline are followed.
a.
True
b.
False
48. The most significant cause of inadequate documentation is that managers often do not know what constitutes good
documentation.
a.
True
b.
False
49. Positive discipline relies on reminders given to employees to improve performance.
a.
True
b.
False
50. Positive discipline is based on a mutual problem-solving approach, but resolutions are still mandated by management.
a.
True
b.
False
51. When the first two steps fail while implementing positive discipline, decision-making leave is provided, which is a
paid leave.
a.
True
b.
False
52. Due process is generally defined as the employee's right to be heard.
a.
True
b.
False
53. Step-review systems involving nonunion employees are very similar to grievance procedures used in union contracts.
a.
True
b.
False
54. Peer-review boards consist only of people whose jobs are similar to that of the person appearing before the board.
a.
True
b.
False
55. Employees do not have the right to have an attorney present during an investigative interview.
a.
True
b.
False
56. With an open-door policy, decisions tend to be consistent across managers.
a.
True
b.
False
57.
Ombudsmen solve problems by negotiating and mediating between supervisors and subordinates.
a.
True
b.
False
58. Mediation is always a formal process that results in compromise.
a.
True
b.
False
59. Ethics can be defined as a set of standards of acceptable conduct.
a.
True
b.
False
60. Organizations are required by law to comply with ethical guidelines.
a.
True
b.
False
61. One of the primary goals of ethics training is to avoid adverse publicity.
a.
True
b.
False
62. Which of the following groups CANNOT grant rights to employees?
a.
Employers
b.
State legislatures
c.
Federal courts
d.
Unions
63. Because employers cannot predict with certainty the future behavior of employees despite background checking,
negligent hiring lawsuits are seen as:
a.
a no-win situation for employers.
b.
a no-win situation for employees.
c.
a Catch-22 situation for employers.
d.
a necessary-evil situation for employees.
64. The expectations of a fair exchange of employment obligations between an employee and his or her employer is
referred to as:
a.
employment-at-will.
b.
a no-win situation for employees.
c.
a Catch-22 situation for employers.
d.
psychological contract.
65. Under the employment-at-will doctrine, who can terminate an employment relationship?
a.
Only employees
b.
Only employers
c.
Government or unions
d.
Employees or employers
66. Which of the following is the dominant principle governing private-sector employment relationships?
a.
The employment-at-will doctrine
b.
The job-as-property doctrine
c.
The implied contract rules
d.
The implied covenant rules
67. Which of the following is NOT an exception to the employment-at-will doctrine?
a.
Implied contract
b.
Established protection
c.
Violation of public policy
d.
Implied covenant
68. In 1908, the Supreme Court upheld the employment-at-will doctrine in _____.
a.
NLRB v. Weingarten, Inc.
b.
EEOC v. Waffle House, Inc.
c.
International Union v. Johnson Controls
d.
Adair v. United States
69. Discharge for refusing to violate a professional code of conduct falls under which exception to employment-at-will
doctrine?
a.
Violation of public policy
b.
Implied contract
c.
Implied covenant
d.
Does not fall under an exception
70. Which exception to the employment-at-will doctrine occurs when a lack of good faith and fair dealing by the
employer has been suggested?
a.
Implied contract
b.
Established protection
c.
Violation of public policy
d.
Implied covenant
71. An implied employment contract:
a.
is valid only in writing.
b.
covers the entire American workforce.
c.
exists only after an employee passes his or her probation period.
d.
can result from statements made in an employee handbook or HR policy manual.
72. Which of the following statements is NOT true of whistle-blowing?
a.
Employees engage in whistle-blowing when they report an employer’s illegal actions
b.
Employers cannot discharge employees for reporting corporate wrongdoings.
c.
Employers can discipline, but not discharge employees for reporting corporate wrongdoings.
d.
Employers may be liable to huge fines if found guilty of the whistle-blowing charges imposed on them.
73. Employers are prohibited from retaliating against employees under all of the following EXCEPT:
a.
the Workers' Adjustment Retraining and Notification Act.
b.
Title VII of the Civil Rights Act.
c.
the Age Discrimination in Employment Act.
d.
Title I of the Americans with Disabilities Act.
74. The minimum advance notice of plant closings or layoffs affecting 50 or more full-time employees required by the
Workers' Adjustment Retraining and Notification Act of 1989 is:
a.
60 days.
b.
180 months.
c.
7 days.
d.
120 months.
75. In _____, a court found that a provision in an employee handbook constituted a unilateral enforceable contract with
employees.
a.
Adair v. United States
b.
NLRB v. Weingarten, Inc.
c.
Toussaint v. Blue Cross and Blue Shield of Michigan
d.
Young v. Southwestern Savings and Loan Association
76. Employers defend their intrusion into employee privacy by noting:
a.
their constitutional right.
b.
their legitimate business interest.
c.
that they are required by law.
d.
that they are required by the Occupational Safety and Health Administration to do so.
77. Which of the following actions is MOST likely to create a wrongful discharge claim?
a.
Terminating an employee only if there is an articulated reason
b.
Setting and following termination rules and schedules
c.
Documenting all performance problems
d.
Making exceptions to the rules in unique circumstances
78. Which of the following acts financially rewards whistle-blowers who expose fraud related to governmental programs
and wrongdoing related to consumer financial products or services?
a.
The Notification and Federal Employee Antidiscrimination and Retaliation Act
b.
The Sarbanes-Oxley Act
c.
The Whistleblower Protection Act
d.
The False Claim Act
