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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
ANSWER:
True
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
ANSWER:
True
3. Negligent hiring occurs when an employer hires an employee who is prone to violent behavior.
a.
True
b.
False
ANSWER:
True
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
ANSWER:
True
5. Wrongful discharge is legal under the employment-at–will doctrine.
a.
True
b.
False
ANSWER:
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
ANSWER:
True
7. An implied contract may result from statements found in employee handbooks or other employment documents.
a.
True
b.
False
ANSWER:
True
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
ANSWER:
True
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9. The employment-at-will doctrine gives managers and supervisors the unrestricted right of termination.
a.
True
b.
False
ANSWER:
False
10. Whistle-blowing is a protected right of employees.
a.
True
b.
False
ANSWER:
True
11. Telling employees that their jobs are secure as long as they perform satisfactorily and are loyal to their organization
does not make an implied contract binding.
a.
True
b.
False
ANSWER:
False
12. Seyall Industries has been successfully sued by employees who felt that they had an implied contract and were
wrongfully terminated. Going forward, one way Seyall Industries can avoid these types of lawsuits is to have written
proof that employees have read the employment-at-will disclaimers.
a.
True
b.
False
ANSWER:
True
13. Miguel feels that his supervisor is out to get him. Miguel is always given the worst assignments, insulted regularly,
and treated with disrespect. The work conditions become so intolerable that Miguel finally quits. This is a case of
constructive discharge.
a.
True
b.
False
ANSWER:
True
14. According to the Worker 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
ANSWER:
True
15. RioFit and an employee are in a dispute that they have not been able to resolve. They have taken their case to Pat
Margen, a retired judge, and have agreed to abide by Margen’s decision. This scenario describes arbitration.
a.
True
b.
False
ANSWER:
True
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
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ANSWER:
True
17. An employee of KyoTek was arrested last Saturday night for public fighting, destroying property, and harming several
people. The employee has been released pending a trial, and wants to return to work. Other employees are nervous to be
around this person after this display of violence, and that has created a disruptive atmosphere in the workplace. KyoTek
does have the legal right to discipline the employee based on this off-duty behavior.
a.
True
b.
False
ANSWER:
True
18. Robert works for the federal government. He is not covered by the federal Whistleblower Protection Act.
a.
True
b.
False
ANSWER:
False
19. KyoTek and an employee are in a dispute that they have not been able to resolve. They have taken their case to Judge
Forner, a retired judge, and have agreed to abide by Judge Forner’s decision. In this scenario, Judge Forner is an arbiter.
a.
True
b.
False
ANSWER:
True
20. Explicit contracts are not enforceable in court if either the employee or employer violates any provisions of the
agreement.
a.
True
b.
False
ANSWER:
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
ANSWER:
True
22. In the private sector, drug testing is largely regulated by individual states.
a.
True
b.
False
ANSWER:
True
23. Seyall Industries recently conducted drug tests on selected employees. It is likely that these tests were not random, but
that reasonable suspicion or probable cause led to the tests.
a.
True
b.
False
ANSWER:
True
24. One advantage of impairment testing is that it focuses on off-duty behavior rather than workplace conduct.
a.
True
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b.
False
ANSWER:
False
25. When it comes to the use of camera surveillance, few federal laws protect workers from being watched.
a.
True
b.
False
ANSWER:
True
26. According to a recent report by the American Management Association, more than a quarter of employers have fired
workers for misusing email.
a.
True
b.
False
ANSWER:
True
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
ANSWER:
True
28. Impairment testing is always the first step in random drug testing.
a.
True
b.
False
ANSWER:
False
29. Seyall Industries conducts random searches of employee lockers, suitcases, and toolboxes. U.S. courts have ruled that
this is illegal.
a.
True
b.
False
ANSWER:
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
ANSWER:
True
31. Because personnel files are the employer’s property, an employee may be barred from seeing his or her file.
a.
True
b.
False
ANSWER:
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.
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a.
True
b.
False
ANSWER:
True
33. If an employer does not have probable cause, it should avoid random searches of employees’ personal belongings.
a.
True
b.
False
ANSWER:
True
34. State law in the state where KyoTek operates allows employees to examine their files. Because KyoTek has concerns
that employees may add or remove things, or make other changes, KyoTek can insist that someone from HR, or a
supervisor, be present.
a.
True
b.
False
ANSWER:
True
35. A number of states have passed laws that allow employers to fire employees for activities they pursue offsite on their
own time, even when those activities are legal, if the employer disapproves of them.
a.
True
b.
False
ANSWER:
False
36. Frank has been chronically late to work for the last two weeks and has given no reason for his tardiness. His
immediate supervisor is the logical person to apply the company’s disciplinary procedure.
a.
True
b.
False
ANSWER:
True
37. A supervisor in a romantic relationship with a subordinate becomes immediately vulnerable to a sexual harassment
claim.
a.
True
b.
False
ANSWER:
True
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
ANSWER:
True
39. Discipline should be considered as training that molds and strengthens desirable conduct while correcting undesirable
conduct.
a.
True
b.
False
ANSWER:
True
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40. Documentation of an employee’s misconduct includes stating the improvement expected by the employer.
a.
True
b.
False
ANSWER:
True
41. The NLRB v Weingarten ruling requires that nonunion employees always have the right to representation during an
investigative interview.
a.
True
b.
False
ANSWER:
False
42. According to the Weingarten ruling, an employer must bargain with the employee’s representative during an
investigative interview.
a.
True
b.
False
ANSWER:
False
43. KyoTek struggles with successfully disciplining employees in order to achieve correct behavior. The company should
consider using progressive discipline, which is an effective means of forcing employees to improve their performance
involuntarily.
a.
True
b.
False
ANSWER:
False
44. Progressive discipline results from using positive reinforcement instead of punishment to correct behavioral problems.
a.
True
b.
False
ANSWER:
False
45. Josef’s religion requires that he maintain a beard. His employer has a grooming policy that generally prohibits beards.
As long as Josef’s beard does not lead to any safety concerns on the job, his employer must respect his religious rights and
allow him to keep it.
a.
True
b.
False
ANSWER:
True
46. KyoTek uses a system of progressive discipline. KyoTek follows the typical system of this method, meaning that it
will start with a written warning. If that doesn’t have the desired effect, they will progress through oral warning,
suspension, and ultimately discharge.
a.
True
b.
False
ANSWER:
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
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Page 7
b.
False
ANSWER:
False
48. The most significant cause of inadequate documentation is that managers often do not know what constitutes good
documentation.
a.
True
b.
False
ANSWER:
True
49. Positive discipline relies on reminders given to employees to improve performance.
a.
True
b.
False
ANSWER:
True
50. Positive discipline is based on a mutual problem-solving approach, but resolutions are still mandated by management.
a.
True
b.
False
ANSWER:
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
ANSWER:
True
52. Jane has been accused of violating a certain rule at KyoTek. She has demanded due process, which is essentially the
right to tell her side of the story.
a.
True
b.
False
ANSWER:
True
53. Step-review systems involving nonunion employees are very similar to grievance procedures used in union contracts.
a.
True
b.
False
ANSWER:
True
54. In a peer-review system, the complaint committee consists only of people whose jobs are similar to that of the person
filing the complaint.
a.
True
b.
False
ANSWER:
False
55. Jane has been accused of violating a certain rule at KyoTek. She has demanded that her attorney be present during the
investigative review. Legally, KyoTek can refuse this request.
a.
True
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b.
False
ANSWER:
True
56. With an open-door policy, decisions tend to be consistent across managers.
a.
True
b.
False
ANSWER:
False
57. While she has no authority to finalize a solution, Betty listens to employee complaints and attempts to resolve them by
mediating between the employees and their supervisors. Betty is an ombudsman.
a.
True
b.
False
ANSWER:
True
58. Mediation is a formal process that always goes through the same series of steps.
a.
True
b.
False
ANSWER:
False
59. Ethics can be defined as a set of standards of acceptable conduct.
a.
True
b.
False
ANSWER:
True
60. Organizations are required by law to comply with ethical guidelines.
a.
True
b.
False
ANSWER:
False
61. One of the primary goals of ethics training is to avoid adverse publicity.
a.
True
b.
False
ANSWER:
True
62. Which of the following groups CANNOT grant rights to employees?
a.
Employers
b.
State legislatures
c.
Federal courts
d.
Unions
ANSWER:
d
63. CJ is conducting a disciplinary investigation of an employee. Which of the following is NOT one of the questions he
might ask when determining if the rule has been uniformly enforced?
a.
Have all managers applied this rule consistently?
b.
What punishment have previous offenders received?
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c.
Is there direct or only indirect evidence of guilt?
d.
Were any other employees involved in this offense?
ANSWER:
c
64. KyoTek expects that its employees will use their talents, skills, and abilities to perform their duties. In turn, the
employees expect KyoTek to provide fair wages, steady work, training as needed, and promotional opportunities. This
relationship 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.
ANSWER:
d
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
ANSWER:
d
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
ANSWER:
a
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
ANSWER:
b
68. Elle is conducting a disciplinary investigation of an employee. Which of the following is NOT one of the questions
she might ask when determining if the employee was aware that the action was wrong?
a.
What rule or provision was violated?
b.
How would the employee know of the existence of the rule?
c.
Was the employee warned of the consequence?
d.
Has anyone talked to the employee to hear his or her side of the situation?
ANSWER:
d
69. Discharge for refusing to violate a professional code of conduct falls under which exception to employment-at-will
doctrine?
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a.
Violation of public policy
b.
Implied contract
c.
Implied covenant
d.
Does not fall under an exception
ANSWER:
a
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
ANSWER:
d
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 spoken to an employee by an employer.
ANSWER:
d
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.
ANSWER:
c
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.
ANSWER:
a
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.
ANSWER:
a
75. Pat is conducting a disciplinary investigation of an employee. When looking into how many years of service the
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Page 11
employee has with the organization and how many years the employee has held the present job, what question is Pat
trying to answer?
a.
Are there extenuating circumstances?
b.
Is the offense related to the workplace?
c.
What is the employee’s past work record?
d.
What are the sources of the facts?
ANSWER:
c
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.
ANSWER:
b
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
ANSWER:
d
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 Claims Act
ANSWER:
d
79. Seyall Industries uses a progressive discipline program when disciplinary action is required. Terri is going through this
process and has received a written warning. If improvement is not made, what is the expected next step in a typical
procedure?
a.
Oral warning and counseling
b.
Decision-making leave
c.
Discharge
d.
Suspension without pay
ANSWER:
d
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