CHAPTER 13—EMPLOYEE RIGHTS AND DISCIPLINE
TRUE/FALSE
1. Employee rights frequently involve an employer’s alleged invasion of an employee’s right to privacy.
2. In law, negligence is the failure to honor established contracts.
3. Negligent hiring occurs when an employer hires an employee that is not capable of doing the job they
were hired for.
4. The U.S. Constitution guarantees employees a property right to their jobs, unless the employee signs a
statement acknowledging the at-will relationship.
5. The employment-at-will doctrine states that either the employee or the employer may terminate the
employment relationship for any reason.
6. Wrongful discharge is considered proper under the employment-at-will doctrine.
7. The significance of wrongful discharge suits is that they challenge the employer’s right under the
employment-at-will doctrine to unilaterally discharge employees.
8. An implied contract may result from statements found in employee handbooks or other employment
documents.
9. During her interview, Angela is told by her future manager that if she is a good worker she will have a
permanent job with the company. Her manager has likely created an implied contract with Angela.
10. The employment-at-will doctrine gives managers and supervisors the unrestricted right of termination.
11. Whistle-blowing is a protected right of employees.
12. Telling an employee that their job is secure as long as they perform satisfactorily and are loyal to the
organization does not make an implied contract binding.
13. One way to help avoid implied contract lawsuits is to have written proof that employees have read
employment-at-will disclaimers.
14. Constructive discharge cases involve employees who voluntarily quit, but claim they were forced to
resign.
15. Under the Worker’s Adjustment Retraining and Notification Act, notice of closure or layoff affecting
50 or more workers must be given to the highest elected local official.
16. The Workers’ Adjustment Retraining and Notification Act (WARN) requires many employers to
provide 60 days notice of plant closure and mass layoff.
17. 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.
18. Approximately two million workers are discharged each year.
19. Federal employees are not covered by the federal Whistleblower Protection Act.
20. Most legal experts suggest employers use antipiracy agreements rather than noncompete
agreements.
21. Explicit contracts are not enforceable in court if either the employee or employer violates any
provisions of the agreement.
22. It is increasingly common for employees to quit or resign from their jobs because the intolerable acts
of their employers left them no choice.
23. In the private sector, drug testing is largely regulated by individual states.
24. Today, most companies conduct drug test only when reasonable suspicion or probable cause exists.
25. One advantage of impairment testing is that it focuses on off-duty behavior rather than workplace
conduct.
26. Few federal laws protect workers from being watched.
27. More than a quarter of employers have fired workers for misusing e-mail.
28. A third of employers have fired workers for misusing the Internet.
29. Impairment testing is the first step in random drug testing.
30. U.S. courts have found random searches of employee lockers, suitcases, and toolboxes to be illegal.
31. Employees are correct in assuming that their rights to privacy extend to e-mail and voice mail
messages.
32. Because personnel files are the employer’s property, an employee may be barred from seeing his or her
file.
33. Employers can discipline employees for off-duty conduct; however, there must be a relationship
between the employee’s behavior and its effect on the organization.
34. Random searches of employee’s personal belongings without probable cause should be avoided.
35. 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.
36. A number of states have passed laws that prohibit employers from disciplining or firing employees for
activities they pursue offsite on their own time as long as they are illegal.
37. An employee’s immediate supervisor is the logical person to apply the company’s disciplinary
procedure.
38. The failure to document earlier actions often results in management not imposing disciplinary penalty
when a transgression is committed.
39. A supervisor in a romantic relationship with a subordinate becomes immediately vulnerable to a sexual
harassment claim.
40. In an organizational setting, discipline should be viewed as a way of correcting poor performance
rather than a punishment.
41. One of the goals of discipline is that it should be seen as training that molds and strengthens the
desirable conduct—or corrects undesirable conduct—and develops self-control.
42. Documentation of employee misconduct includes stating the improvement expected by the employer.
43. The NLRB v Weingarten ruling requires that nonunion employees always be afforded the right to
representation during an investigative interview.
44. Under the Weingarten ruling, an employer must bargain with the employee’s representative during an
investigative interview.
45. Progressive discipline is designed to force an employee to improve his or her performance.
46. Progressive discipline results from using positive reinforcement instead of punishment to correct
behavioral problems.
47. Dreadlocks and beards are protected religious observance rights under Title VII of the Civil Rights
Act.
48. The correct sequence of progressive discipline is as follows: (1) written warning, (2) oral warning, (3)
suspension, and (4) discharge.
49. Bill has been found guilty of theft, a termination offense. Before he is discharged, his manager must
apply all the steps of progressive discipline.
50. The most significant cause of inadequate documentation is that managers often do not know what
constitutes good documentation.
51. Positive discipline relies on “reminders” given to employees as a way to improve performance.
52. Positive discipline is based on a mutual problem-solving approach, but resolutions are still mandated
by management.
53. Decision-making leave is typically a paid leave.
54. Due process is generally defined as the employee’s right to be heard.
55. Step-review systems involving nonunion employees are very similar to grievance procedures used in
union contracts.
56. Peer-review boards consist only of people whose jobs are similar to that of the person appearing before
the board.
57. Employees do not have the right to have an attorney present during an investigative interview.
58. With an open-door policy, decisions tend to be consistent across managers.
59. Ombudsmen solve problems through negotiation and mediation activities between supervisors and
subordinates.
60. Mediation is a formal process resulting in compromise.
61. Ethics can be defined as a set of standards of acceptable conduct.
62. Organizations are required by law to comply with ethical guidelines.
63. One of the primary goals of ethics training is to avoid adverse publicity.
MULTIPLE CHOICE
1. Which of the following groups cannot grant rights to employees?
a.
employers
b.
state legislatures
c.
federal courts
d.
unions
2. 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
3. The expectations of fair exchange of employment obligations between an employee and 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
4. Under the employment-at-will doctrine, who can terminate the employment relationship?
a.
only employees
b.
only employers
c.
employees, unions, or employers
d.
employees or employers
5. Which of the following is the dominant principle governing private-sector employment relationships?
a.
the employment-at-will principle
b.
the job-as-property doctrine
c.
implied contract rules
d.
implied covenant rules
6. Under the employment-at-will doctrine, employers may terminate employees for any of the following
reasons except:
a.
poor performance.
b.
cooperating with authorities in regard to an OSHA complaint.
c.
adequate performance.
d.
the color of the employee’s eyes.
7. 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
8. 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
9. Discharge for refusing to violate a professional code of conduct falls under which exception to
employment-at-will?
a.
violation of public policy
b.
implied contract
c.
implied covenant
d.
it does not fall under an exception
10. 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
11. An implied employment contract:
a.
is valid only in writing.
b.
covers approximately 90 percent of the American workforce.
c.
exists after an employee passes his or her probation period.
d.
can result from statements made in an employee handbook or HR policy manual.
12. Which of the following does not apply to whistle-blowing?
a.
whistle-blowing is a protected right of employees
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 for huge fines if guilty of whistle-blowing charges
13. Approximately _____ workers are discharged each year.
a.
a half-million
b.
one million
c.
two million
d.
five million
14. 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.
The Americans with Disabilities Act
15. 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.
16. 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
17. 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.
OSHA regulations
18. Which of the following is MOST likely to create a wrongful discharge claim?
a.
Terminate an employee only if there is an articulated reason
b.
Set and follow termination rules and schedules
c.
Document all performance problems
d.
When necessary, make exceptions to the rules in unique circumstances
19. Which of the following protects and 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
20. It is estimated that _____ of employees in the United States work without benefit of an employment
contract.
a.
20 percent
b.
40 percent
c.
60 percent
d.
80 percent
21. 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
22. This provision 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
23. This provision 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
24. An advantage of impairment testing is:
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, relieving the company of liability
25. This provision 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
26. Employers should use all of the following guidelines in developing a search policy except:
a.
ensure that the search policy is widely communicated across the entire organization.
b.
enforce all search policies on an evenhanded basis.
c.
try to gain the employee’s consent before starting the search.
d.
engage in searches publicly, so that employees understand that searches do take place.
27. These agreements prohibit 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
28. 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 voluntary 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
29. The ____ requires that an employee’s medical history be kept in a file separate from other personal
information.
a.
Privacy Act
b.
Fair Credit Reporting Act
c.
Americans with Disabilities Act
d.
HIPAA
30. _____ is the most frequent EEO complaint.
a.
Wrongful discharge
b.
Discrimination
c.
Retaliation
d.
Harassment
31. Which of the following is NOT a suggestion to reduce retaliation discharges?
a.
Take no adverse action against employees when they file complaints.
b.
Publicize employee complaints to place all other employees on notice.
c.
Be consistent and objective in the treatment of employees.
d.
Harbor no animosity toward employees if they file discrimination lawsuits.
32. Which management group has primary responsibility for the development of disciplinary policies and
procedures?
a.
the legal department
b.
the top-level management
c.
the human resources department
d.
the middle management
33. Which of the following does not belong in the disciplinary model outlined in your text?
a.
discharge
b.
negotiation and mediation
c.
due process
d.
disciplinary interviews
34. Illegal substances remain in urine for various periods of time: cocaine for approximately ______ and
marijuana can stay in system for approximately __________.
a.
24 hours; 1 week
b.
48 hours; 2 weeks
c.
72 hours; 3 weeks
d.
96 hours; 4 weeks
35. ____ places restrictions on employers in their ability to listen to telephone calls made by employees.
a.
The Whistleblower Act
b.
The American with Disabilities Act
c.
The Privacy Act
d.
The Electronic Communications Privacy Act
36. 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.
an hour
b.
two hours
c.
three hours
d.
four hours
37. Which of the following is NOT true? The states that grant employees the privilege to see their
personnel files generally provide:
a.
The right to know of the existence 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
38. Which of the following questions would you consider while investigating an employee offense?
a.
Do you 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?
39. Carmen, a new supervisor, wants to correctly document the poor performance of an employee. Which
of the following would she not have to do?
a.
perform a current performance appraisal of the employee
b.
note the date, time, and location of the misconduct
c.
record the consequences of the employee’s action on the work unit
d.
list the negative behavior exhibited by the employee
40. The ____ prohibits educational institutions from supplying information about students without prior
consent. Students have the right to inspect their educational records.
a.
Electronic Communications Privacy Act
b.
Privacy Act
c.
Federal Education Rights and Privacy Act
d.
Fair Credit Reporting Act
41. In NLRB v Weingarten, Inc., the U.S. Supreme Court mandated that:
a.
unionized employees have certain rights to representation when subjected to an
investigatory interview.
b.
once employers begin to investigate an employee through the use of interviews, it must
interview all relevant witnesses.
c.
all employees have a right to request representation when subjected to investigative
interviewing.
d.
employees also have a right to interview witnesses in order to refute charges against them.
42. The ____ permits job applicants and employees to know of the existence and context of any credit files
maintained on them.
a.
Electronic Communications Privacy Act
b.
Privacy Act
c.
Federal Education Rights and Privacy Act
d.
Fair Credit Reporting Act
43. 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.
44. In a typical progressive discipline program, what step immediately precedes the termination of the
employee?
a.
a written warning
b.
formal discussions
c.
a “pre-warning”
d.
suspension
45. The ____ prohibits the interception, recording, or disclosure of wire, electronic, and aural
communications through any electronic, mechanical, or other device. An interception takes place
when an employer monitors a telephone call while it is occurring. Permits employer monitoring for
legitimate business reasons.
a.
Electronic Communications Privacy Act
b.
Privacy Act
c.
Family Education Rights and Privacy Act
d.
Fair Credit Reporting Act
46. 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.
47. At the second step of a positive discipline system to correct undesirable employee conduct, managers
will issue a _______ to employees to improve their unacceptable performance.
a.
warning
b.
reprimand
c.
policy summary
d.
written reminder
48. An employer-paid decision-making leave:
a.
gives an employee time to consider a new job offer.
b.
is reserved for white-collar and scientific employees.
c.
gives an employee time to consider whether he or she wishes to remain with the
organization.
d.
is often used to let an irate employee “cool off.”
49. Before firing an employee, employers should apply:
a.
principles of just cause.
b.
standards of employment conduct.
c.
rules of fair employment.
d.
policies of equity and responsibility.
50. 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; allows
employees to review their personnel records for accuracy. Employers who willfully violate the act are
subject to civil suits.
a.
Electronic Communications Privacy Act
b.
Fair Credit Reporting Act
c.
Privacy Act
d.
Federal Education Rights and Privacy Act
51. Termination meetings should be held:
a.
in the manager’s office
b.
at the employee’s work station
c.
in the parking lot or otherwise outside the employer’s premises
d.
in a neutral location, such as a conference room
52. 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.
53. A unionized employee is likely to use which of the following complaint procedures?
a.
a step-review system
b.
a hearing officer complaint system
c.
a grievance procedure
d.
a peer-review procedure
54. 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
55. 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.
56. Under a conventional step-review appeal procedure, the last step involves which of the following
employee groups?
a.
the top management
b.
the human resources specialists
c.
a tribunal of department heads
d.
a jury consisting of equal numbers of supervisory and nonsupervisory employees
57. 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.
58. In a peer-review board, employee representatives are:
a.
appointed by the union
b.
appointed by management
c.
elected by co-workers
d.
selected by the complainant
59. 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 to
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
60. 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.
61. The individual who listens to employees’ complaints and then tries to seek solutions through
negotiation and mediation is known as a/an:
a.
hearing officer.
b.
employee assistance program counselor.
c.
step-review coordinator.
d.
ombudsman.
62. Which of the following is not true of 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.
63. The cornerstone and major benefit of mediation is:
a.
that it is a formal process and therefore easily undertaken.
b.
that the parties involved maintain control over the settlement outcome.
c.
that a mediator can quickly settle a dispute by declaring a resolution.
d.
that the mediator is a representative of management.
64. One authority has described _______ as a private discussion assisted by an impartial third party.
a.
mediation
b.
arbitration
c.
peer-review system
d.
step-review system
65. 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 and it is signed by the
employee.
a.
EEOC v. Waffle House Inc.
b.
Circuit City Stores Inc. v. Adams
c.
Gilmer v. Interstate/Johnson Lane Corp.
d.
Adair v. United States
66. A set of standards of acceptable conduct and moral judgments is known as:
a.
morals.
b.
ethics.
c.
rules.
d.
legislation.
67. 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 fair and equitably
68. Federal and state courts generally view the privacy rights of employees as:
a.
minimal.
b.
nearly absolute.
c.
mostly contractual.
d.
increasingly dominant.
69. The concern in a workplace romance is:
a.
unrealistic expectations.
b.
jealousy on the part of a third party.
c.
employer liability.
d.
embarrassing publicity.
70. Body art is increasingly popular among:
a.
semi-retired employees.
b.
Generation X and Y workers.
c.
older males.
d.
new immigrants.
71. The ombudsman is an advocate for:
a.
the society.
b.
the underdog.
c.
the organization.
d.
a fair process.
ESSAY
1. Compare and contrast employee rights and employment-at-will.
2. Briefly discuss the concept of wrongful discharge, including the three exceptions to
employment-at-will that can create an action.
ANS:
3. Briefly discuss some ways in which employers can avoid wrongful termination lawsuits.
4. What is progressive discipline? How does it differ from positive discipline?
5. What are some of the pros and cons of “open-door” policies?
6. What are the key components of a good disciplinary model?
7. Why are whistle-blowing cases so troublesome for all concerned?