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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
ANSWER:
b
81. After he left his job at KyoTek, Jakob told his friends about the new projects KyoTek is working on. Because this is
considered proprietary information, what provision did Jakob violate?
a.
Nondisclosure of information agreement
b.
Intellectual property agreement
c.
Noncompete agreement
d.
Nonpiracy agreement
ANSWER:
a
82. While he was employed at KyoTek, Jakob came up with an idea for an app that has the potential to make a lot of
money. KyoTek has not pursued the idea yet, but the company does have it listed in its potential project list. Jakob left his
job at KyoTek, and he wants to develop that app on his own. He is prohibited from doing this because of what provision?
a.
Nondisclosure of information agreement
b.
Intellectual property agreement
c.
Noncompete agreement
d.
Nonpiracy agreement
ANSWER:
b
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.
ANSWER:
a
84. Rianna left her job as a senior project developer at Seyall Industries. She was offered a position at RevSystems,
developing similar products in the same market. Rianna is unable to accept RevSystems’ offer for one year because of
what provision?
a.
Nondisclosure of information agreement
b.
Intellectual property agreement
c.
Noncompete agreement
d.
Nonpiracy agreement
ANSWER:
c
85. Employers should apply all of the following guidelines in a search policy EXCEPT
a.
ensuring that the search policy is widely communicated across the entire organization.
b.
specifying the penalty for refusing to consent to a search.
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.
ANSWER:
d
86. Kim was an office supplies sales rep with Clip’n’Save. She recently changed employers and now works for OfficeJoe.
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The prices at OfficeJoe are much better, and she could save her former customers a lot of money on the exact same
products. What provision prevents her from contacting her old customers for six months?
a.
Nondisclosure of information agreement
b.
Intellectual property agreement
c.
Noncompete agreement
d.
Nonpiracy agreement
ANSWER:
d
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
ANSWER:
d
88. Seyall Industries uses a progressive discipline program when disciplinary action is required. Terri is going through this
process and has received counseling. If improvement is not made, what is the expected next step in a typical procedure?
a.
Decision-making leave
b.
Suspension without pay
c.
A written warning
d.
Discharge
ANSWER:
c
89. Todd has exhibited behavior on the job that needs to be corrected. As a first step towards correcting that behavior, his
supervisor held a conference with Todd to find a solution to the problem. What approach to disciplinary action is most
likely being used?
a.
Progressive discipline
b.
Practical discipline
c.
Positive discipline
d.
Punitive discipline
ANSWER:
c
90. Which of the following actions does NOT reduce retaliation charges?
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.
ANSWER:
b
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
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d.
The middle management
ANSWER:
c
92. Which of the following does NOT belong in the disciplinary model?
a.
Discharge
b.
Negotiation and mediation
c.
Due process
d.
Disciplinary interviews
ANSWER:
b
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
ANSWER:
c
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
ANSWER:
d
95. KyoTek has informed its employees of the company policy that they may not use their business phones to make
personal calls. What is true of this situation?
a.
Employees’ communication may be monitored, even personal calls.
b.
If KyoTek is monitoring an employee’s phone, and the employee receives a personal call, KyoTek must hang
up immediately.
c.
The employees have grounds to file a complaint against KyoTek under provisions of the ECPA for instituting
this policy.
d.
An individual employee may have grounds to file a complaint against KyoTek under provisions of the ECPA
if KyoTek monitors that employee’s personal call.
ANSWER:
a
96. The states that grant employees the privilege to see their personnel files generally do not provide the right to
a.
alter the details of one’s personnel file.
b.
inspect one’s own personnel file.
c.
know of the existence of the file.
d.
correct inaccurate data in the file.
ANSWER:
a
97. Which of the following questions should one consider when investigating an employee offense?
a.
Does one have at least three sources of facts?
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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?
ANSWER:
b
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.
Conducting 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.
ANSWER:
a
99. Mara is conducting a disciplinary investigation of an employee. Which of the following is NOT one of the questions
she might ask when determining if there are extenuating circumstances?
a.
Were conflicting orders given by different supervisors?
b.
Does anybody have reason to want to “get” this employee?
c.
Have all managers applied this rule consistently?
d.
Was the employee provoked by a manager or another employee?
ANSWER:
c
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.
ANSWER:
a
101. Blake believes that he was fired from his job without just cause. A “no” answer to any of the following questions
EXCEPT which one would indicate that just cause was not established?
a.
Did the employer forewarn Blake of the possible disciplinary consequences of his action?
b.
Was the organization’s investigation conducted in an objective manner?
c.
Did the investigation produce sufficient evidence of proof of guilt as charged?
d.
Are there extenuating circumstances?
ANSWER:
d
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.
ANSWER:
b
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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
ANSWER:
d
104. The __________ restricts employers from intercepting wire, oral, or electronic communications.
a.
Electronic Communications Privacy Act
b.
Privacy Act
c.
Family Education Rights and Privacy Act
d.
Fair Credit Reporting Act
ANSWER:
a
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.
ANSWER:
b
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
ANSWER:
d
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.
ANSWER:
c
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.
ANSWER:
a
109. Under the __________, federal agencies must safeguard the personal information of their employees.
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a.
Electronic Communications Privacy Act
b.
Fair Credit Reporting Act
c.
Privacy Act
d.
Education Rights and Privacy Act
ANSWER:
c
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.
ANSWER:
d
111. Carla feels that she was disciplined without due process. As understood by most HR managers, that means that Carla
was denied her right
a.
to leave with pay.
b.
to be heard.
c.
to legal representation.
d.
to fair warning.
ANSWER:
b
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
ANSWER:
c
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.
ANSWER:
a
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.
ANSWER:
d
115. Which of the following employee groups does the last step of a conventional step-review appeal procedure involve?
a.
The top management
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b.
The Human Resources specialists
c.
A tribunal of department heads
d.
A jury consisting of an equal number of supervisory and nonsupervisory employees
ANSWER:
a
116. A complaint committee in a peer-review system consists of
a.
an equal number of employee and management representatives.
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.
ANSWER:
a
117. In a complaint committee in a peer-review system, employee representatives are
a.
appointed by the union.
b.
appointed by the management.
c.
elected by coworkers.
d.
selected by the complainant.
ANSWER:
c
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.
applies to the HR Department as the best resolution to any employee complaint.
ANSWER:
c
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 justified grievances.
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.
ANSWER:
d
120. Matthew has been designated by KyoTek to help mediate disputes. He listens to employees’ complaints and then tries
to seek solutions through negotiation and mediation. Matthew is known as a(n)
a.
hearing officer.
b.
employee assistance program counselor.
c.
step-review coordinator.
d.
ombudsman.
ANSWER:
d
121. Which of the following statements is NOT true about an ombudsman system?
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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.
ANSWER:
d
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.
ANSWER:
b
123. One of the employees at Seyall Industries was continually harassing coworkers. Those coworkers feel that Seyall
Industries should have learned more about that individual’s background before the employee was hired. They have
brought a(n) __________ lawsuit against the company.
a.
negligent hiring
b.
psychological hiring
c.
arbitration
d.
peer review
ANSWER:
a
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
ANSWER:
a
125. __________ can be defined as a set of acceptable conduct and moral judgments.
a.
Morals
b.
Ethics
c.
Rules
d.
Legislation
ANSWER:
b
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
ANSWER:
b
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127. Federal and state courts generally view the privacy rights of employees as
a.
minimal.
b.
nearly absolute.
c.
mostly contractual.
d.
increasingly dominant.
ANSWER:
a
128. The primary concern to the employer regarding workplace romance is
a.
unrealistic expectations.
b.
jealousy on the part of a third party.
c.
employer liability.
d.
embarrassing publicity.
ANSWER:
c
129. Body art is increasingly popular among
a.
semi-retired employees.
b.
Millennials and Generation Xers.
c.
older males.
d.
new immigrants.
ANSWER:
b
130. The ombudsman is an advocate for
a.
the society.
b.
the underdog.
c.
an organization.
d.
a fair process.
ANSWER:
d
131. Compare and contrast employee rights and the employment-at-will doctrine.
ANSWER:
Employee rights can be defined as the guarantees of fair treatment that employees expect in return for the
protection of their employment status. Employees acquire these rights through court decisions, legislation,
and/or employer policies. A key issue in employment rights is the balancing of an employee’s right on the job
(often regarded referred to as an employee’s right to privacy), and the employer’s right and obligation to
operate a safe and efficient workplace. The failure rate of an employer to honor employee rights can result in
costly lawsuits, unwanted poor publicity, and reduced employee morale. Failure on the part of the employer to
exercise reasonable care in regard to hiring, training, and assignment of employees to jobs can also result in
legal actions.
The employment-at-will doctrine states that either the employer or the employee may terminate the
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The three exceptions to the employment-at-will doctrine are:
1. Violation of public policy—This exception occurs when an employee is terminated for
refusing to commit a crime; for reporting criminal activity to government authorities; for disclosing
illegal, unethical, or unsafe practices of the employer; or for exercising employment rights.
2. Implied contract—This occurs when employees are discharged despite the employer’s promise of job
security or contrary to established termination procedures. An employer’s oral or written statements
may constitute a contractual obligation if they are communicated to employees and employees rely on
them as conditions of employment.
3. Implied covenant—This exception occurs when an employer has acted with a lack of good faith and
fair dealing.
133. Briefly discuss some ways in which employers can avoid wrongful termination lawsuits.
ANSWER:
Employers can use the following four tips to avoid wrongful termination lawsuits.
1. Terminate an employee only if there is an articulated reason. An employer should have clearly
articulated, easily understandable reasons for discharging an employee. The reasons should be stated
as objectively as possible and should reflect company rules, policies, and practices.
2. Set and follow termination rules and schedules. Make sure every termination follows a documented
set of procedures. Procedures can be from an employee handbook, a supervisory manual, or even an
interoffice memorandum. Before terminating, employees should be given notices of unsatisfactory
performance and improvement opportunities through a system of warnings and suspensions.
3. Document all performance problems. A lack of documented problems in an employee’s personnel
record may be used as circumstantial evidence of pretextual discharge if the employee is “suddenly”
discharged.
4. Be consistent with employees in similar situations. Document reasons given for all disciplinary
actions, even if they do not lead to termination. Terminated employees may claim that exception-to–
the-rule cases are discriminatory. Detailed documentation will help employers explain why these
“exceptions” did not warrant termination.
134. What is progressive discipline? How does it differ from positive discipline?
ANSWER:
Progressive discipline is the application of corrective measures by increasing degrees. The intent is to stop the
undesired behavior by using the minimum amount of corrective action necessary. In practice, progressive
discipline starts as a low-key, informal reminder and moves through several levels of more intensive measures
until the behavior is extinguished. If the behavior cannot or will not be altered, the progression ends at in
terminating the employee. In short, using progressive discipline allows the employer several opportunities to
correct undesired employee behavior before terminating the employment relationship.
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