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True / False
1. During the hiring interview, Supervisor Staci told Henry that as long as he did his job as requested, he would have a job
until he retired. Courts have been willing to enforce such an oral promise under the Truth in Hiring doctrine, even if the
company’s top management did not approve the statement.
a.
True
b.
False
2. Prior to the Industrial Revolution, the primary English law of employment was that, in the absence of a contract, a
worker was hired for a year at a time.
a.
True
b.
False
3. Under the Family and Medical Leave Act, an employee can take up to 12 weeks of paid leave each year for certain
personal and family illness situations.
a.
True
b.
False
4. As a general rule, employers have a legal obligation to disclose information about former employees to potential future
employers.
a.
True
b.
False
5. The Employee Retirement Income Security Act (ERISA) requires employers to establish pension plans for employees.
a.
True
b.
False
6. Firing an employee for her refusal to violate the law would raise a claim of wrongful discharge.
a.
True
b.
False
7. Some courts have held that employee handbooks create binding contract terms.
a.
True
b.
False
8. In the absence of a specific law to the contrary, employers have the right to fire workers for off-duty conduct.
a.
True
b.
False
9. The National Labor Relations Act guarantees employees the right to join unions.
a.
True
b.
False
10. There is a higher percentage of workers in labor unions now than at any other point in history.
a.
True
b.
False
11. Valley Mart told its employees that they would be fired if they actively supported a unionizing effort. Valley Mart has
committed an unfair labor practice.
a.
True
b.
False
12. If employees wish to organize a union, the employer is prohibited from distributing written notices to employees
stating it is opposed to union activity within the company.
a.
True
b.
False
13. Sit-down strikes, in which members stop working but remain at their job posts, physically blocking
replacement workers from taking their places are legal.
a.
True
b.
False
14. The management and union at TriColor have bargained for two years without reaching an agreement. After notifying
the union, TriColor prohibited the workers from entering the factory to work. This is a lockout.
a.
True
b.
False
15. The workers at Thom Trucking went on strike over wages. Thom Trucking may hire permanent replacement workers.
a.
True
b.
False
Multiple Choice
16. The Family and Medical Leave Act applies to
a.
all companies, public or private, regardless of size.
b.
companies with 50 or more employees.
c.
companies with 100 or more employees.
d.
any company engaged in interstate commerce.
17. Megan was employed by a large company. Her supervisor told her to falsify government reports. She refused and was
fired. She sued for wrongful discharge. Her employer claimed that, since Megan was an at-will employee, she had no
legal right to claim the company was liable for damages. Is the employer right?
a.
Yes. An at-will employee does not have a legal right to claim wrongful discharge of employment.
b.
Yes. As an employee, Megan owes a duty of loyalty to her employer. If the company was found to have acted
illegally by falsifying the reports, it (not Megan) would be liable.
c.
No. Even though Megan was an at-will employee, such employees may not be fired without just cause.
d.
No. Though at-will employees do not have extensive rights relative to job security, they may not be legally
fired for refusing to perform an illegal act.
18. Orson was fired from his job behind the ticket counter at the airport. He was loudly told to put his personal belongings
into a plastic bag and was led out by security guards in front of his co-workers and customers. His supervisor told him not
to return. Orson’s employer faces potential liability for:
a.
intentional infliction of emotional distress.
b.
whistleblowing.
c.
defamation.
d.
violation of the FLSA.
19. Maxine lost her job as an electrical engineer with a large company which had provided health insurance benefits for
Maxine and her family. She now
a.
must try to find insurance on her own or try to find another job with health insurance benefits.
b.
is protected under COBRA, which allows her continued health insurance coverage for 18 months as long as
she pays the cost.
c.
is protected under COBRA, which requires her employer to continue her health insurance coverage for six
months under whatever copayment arrangements she had while she was employed.
d.
has some protection under the NLRA, which requires her employer to pay for continued health insurance for
three months following her termination if she did not leave the company voluntarily.
20. The Fair Labor Standards Act
a.
wage provisions do not apply to professional or managerial employees.
b.
limits the number of hours an employer can require a person to work in any given week.
c.
does not apply to children.
d.
does not address payment for overtime work beyond the standard 40 hour work week.
21. Jessica was a former employee of Mark. When potential employers called Mark for a reference about Jessica, he
stated she was not a very good worker and had been fired for excessive absences. He said he had reason to believe Jessica
was on drugs, but he wasn't absolutely certain. Jessica learned what Mark was saying and sued him. In most states
a.
under the qualified privilege rule, it was legal for Mark to say what he said if it was true and Mark was not
motivated by ill will.
b.
it was legal for Mark to say what he said, since courts have consistently ruled that former employers are
immune from lawsuits for giving references.
c.
it was not proper for Mark to say what he said, since courts have consistently ruled that former employers
should not give references over the telephone or in writing without the former employee's written
authorization.
d.
though it was proper for Mark to talk about Jessica's work-related history, he should have refrained from
talking about her potential drug use.
22. Sharon fell while making an inspection of a machine at work and in the fall, she broke her arm. Can she collect
workers' compensation for the time she had to be away from work as she recovered?
a.
Yes, since the injury occurred while she was engaged in her job at work.
b.
Yes, if she can prove that the injury was caused by a fellow employee.
c.
No, she can only receive compensation for her medical expenses.
d.
No, she will have to sue her employer if she wants to collect for lost wages.
23. Jim was a mechanic. One day when he attempted to weld a car's gasoline tank, it exploded and he was hurt. He filed to
collect workers' compensation. His employer resisted on grounds that Jim had been negligent and had also violated the
express regulations of the company when he attempted to weld a gasoline tank. Which statement is correct?
a.
Jim cannot recover if it is shown that his negligent conduct caused the explosion.
b.
Jim cannot recover if it is shown that he violated the express regulations of his employer.
c.
Workers' compensation doesn't apply in situations like this.
d.
Jim can recover even if he was negligent and violated the employer's rules.
24. When may an employer require an employee to submit to a lie detector test?
a.
When the employee has been hired for less than 90 days
b.
When the test is part of an on-going investigation into crimes that have occurred
c.
When the employer has reason to believe the employee is using illegal drugs on the job
d.
When all employees are being questioned using a lie detector
25. Under the federal legislation known as OSHA
a.
employers must keep records of all workplace injuries.
b.
employers must keep records of positive results of workplace drug tests.
c.
employers must keep a record of recognized hazards used in the workplace.
d.
employers may monitor workers’ e-mail messages if the monitoring is done in the ordinary course of business
and the employer provides the e-mail system.
26. What legislation did Congress pass in 1932, that prohibited federal court injunctions in nonviolent labor disputes,
thereby declaring that workers should be permitted to organize unions and use their collective power to achieve legitimate
economic ends?
a.
The Wagner Act
b.
The Norris-LaGuardia Act
c.
The National Labor Relations Act
d.
The Labor-Management Relations Act
27. Zoe, who works as a retail clerk, wishes to talk with her co-workers about organizing a union. Her employer forbids
her from talking with other workers about union activity in the presence of customers and threatens to fire her if she joins
the union. Does the employer have a legal right to make this threat to Zoe?
a.
Yes, the employer may prohibit its employees from discussions about union organizing.
b.
Yes, but only if expressly authorized by state law.
c.
No, an employee has the right of free speech at anytime.
d.
No. An employee may limit the time and place of conversation, but may not threaten to fire the employee.
28. Ron and several fellow workers of Vicy, Inc., a small manufacturing company, wished to organize a union. When
Vicy learned of this activity, it issued a bulletin to all workers stating that a union will only hurt the company and that "we
are a family that can solve any problems ourselves -- we do not need union activists from outside our company trying to
tell us what to do!" Which statement is correct concerning the bulletin issued by Vicy?
a.
Vicy has committed an unfair labor practice. Vicy must remain neutral during the organizing drive.
b.
Vicy has committed an unfair labor practice. The bulletin constitutes outrageous interference with the union
organizing campaign.
c.
Vicy has not committed an unfair labor practice. An employer may vigorously present anti-union views to its
employees.
d.
Whether Vicy has committed an unfair labor practice depends on whether the bulletin was approved by the
NLRB.
29. A union declares its workers are going on strike. The employer states the collective bargaining agreement is still in
force for another eight months and that it contains a no-strike clause. The union claims the CBA's no-strike provision is
not binding since new union leadership is in place. Which of the following statements is correct?
a.
The union can strike since new leadership is now in control.
b.
The union can strike since no-strike provisions have been ruled by the courts to be unenforceable.
c.
The union cannot strike, as strikes to exert economic pressure on management are prohibited by the NLRA.
d.
The union cannot strike because of the no-strike clause in the contract.
30. A company's collective bargaining agreement has expired and negotiations are underway for a new one. After one
exhausting session, union leaders have decided management will not bargain in good faith. The union declares it will be
going out on strike the following midnight if an agreement is not reached. The union
a.
is allowed to go out on strike the following midnight.
b.
must give the employer at least seven days' notice before going out on strike.
c.
must give the employer at least 30 days' notice before going out on strike.
d.
must give the employer at least 60 days' notice before going out on strike.
31. A union declares it will be engaging in a partial strike whereby its employees will alternate between working for a
period of time and then walking off the job for an indefinite time. Thus, employees may work for a few days or only a few
hours before walking off the job again. The employer claims the union does not have the legal right to engage in a partial
strike. Which statement is correct?
a.
The employer is correct. The union must either strike or work—it cannot alternate between working and
striking.
b.
The employer is correct only if the union does not state the specific hours or days workers will be off the job.
The law requires the union to provide the employer with at least seven days' notice of when workers will be
off the job.
c.
The employer is not correct since the NLRA expressly states workers have a right to engage in a partial strike.
d.
Whether the employer is correct depends on state law.
32. Employees of Mega Corp. have gone out on strike seeking better pay. Mega Corp. announces that if the union does
not end the strike it will begin hiring replacement workers. Which statement is correct?
a.
Hiring replacement workers during a strike is an unfair labor practice.
b.
Mega Corp can only hire replacement workers if the collective bargaining agreement expressly gives the
company the right to do so.
c.
Mega Corp can only hire replacement workers if it gives the union 14 days' notice prior to actually bringing in
the replacement employees.
d.
Mega Corp can hire replacement workers at any time during a strike.
33. Mega Corp. hired permanent replacement workers when its union went out on strike seeking better medical and
retirement benefits. After the strike is over, Mega Corp.
a.
must give the striking employees their jobs back since this was an economic strike.
b.
must give the striking employees their jobs back since this was an unfair labor practices strike.
c.
may hire additional workers without considering the striking employees who want their jobs back.
d.
does not have to give the striking employees their jobs back since this was an economic strike.
34. Secondary boycotts
a.
are generally legal provided the boycott is peaceful.
b.
are generally legal provided the boycott does not involve public employees such as nurses or school teachers.
c.
are not expressly permitted nor prohibited under federal law.
d.
are generally illegal.
35. Employees of Truan went on strike because of unfair labor practices. After the strike, the striking workers are
a.
entitled to get their jobs back.
b.
not entitled to get their jobs back.
c.
entitled to get their jobs back but only as they become available.
d.
fired.
36. The duty of fair representation created by the NLRA requires that
a.
a union treat all members fairly, impartially and in good faith.
b.
a union must pursue any member’s grievance against the employer.
c.
an employer, in communications with employees during a union organizing effort, must fairly represent the
effects it believes a union will have on the company.
d.
the NLRB certify only proposed bargaining units that it thinks the union can properly represent.
37. Does the Family and Medical Leave Act apply to professionals like CPAs?
a.
Yes, if they work for a company with at least 50 workers.
b.
Yes, but only if they are paid on an hourly basis.
c.
No, but the professional firm must provide adequate vacation and sick days.
d.
No, unless the employer specifically provides coverage.
38. Which of the following statements regarding alcohol and drug use is accurate?
a.
Government employers may not test their employees for drug and alcohol use.
b.
The EEOC prohibits testing for prescription drugs unless a worker seems impaired.
c.
While a private employer may test its employees for drug and alcohol use, it may not sanction a worker who
fails the test.
d.
The EEOC has implemented standards so that now all fifty states adhere to the same laws on drug testing.
39. What is a whistleblower?
a.
An employee who thwarts an attempt by fellow employees to form a union
b.
An employee who crosses the picket line to return to work
c.
An employee who discloses illegal behavior on the part of his or her employer
d.
An employee who secretly gives information to his or her employer about union activity
40. Which of the following statements regarding workplace bullying is accurate?
a.
Bullying in the workplace does not subject employers to any real liability claims.
b.
The Supreme Court in Indiana ruled that "workplace bullying" cannot be considered a form of intentional
infliction of emotional distress.
c.
Studies show that workplace bullying is not a serious issue; only 10 percent of employees have admitted to
being bullied at work.
d.
Not a single state has been able to pass anti-bullying legislation.
Essay
41. Discuss the requirements of the Family and Medical Leave Act.
42. Rick and Allan want to start a union in the small factory where they work. Outline the basic procedures they will need
to follow to get a union recognized as the exclusive bargaining unit for the company employees.
43. Connie and her fellow union employees went out on strike when the company refused to meet the union's demands for
higher wages and better benefits. Shortly thereafter, the company began hiring permanent replacement workers. After a
hard eight-month strike, the union and the company reached an agreement. When the strike was over, Connie was upset
that she was not given her job back. The replacement worker that took over her job was retained. She believes she has a
legal right to her job, especially since she was a faithful employee for over 20 years. Is Connie right? Explain.
44. Jenna works for Mega Corp as a production employee. She is paid an hourly wage. She wishes to negotiate her own
employment contract with management since she does not agree with the terms of her union's collective bargaining
agreement. Can Jenna negotiate her own contract? Explain.
45. What is wrongful discharge and under what circumstances does the law prohibit the discharge of a worker?
