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ANSWER:
False
67. Tobacco and alcohol qualify as controlled substances under the Drug-Free Workplace Act of 1988.
a.
True
b.
False
ANSWER:
False
68. One industry in which dress and appearance codes and policies are important is the food and beverage industry.
a.
True
b.
False
ANSWER:
True
69. The right of U.S. citizens to be protected from unreasonable search and seizure does not apply to private-sector
employees searched at work by representatives of their employers.
a.
True
b.
False
ANSWER:
True
70. Employers should avoid informing employees if employee activities are being monitored so as to attain undiluted
results.
a.
True
b.
False
ANSWER:
False
71. Employees who test positive or report for duty and cannot perform their jobs properly are not immune from
reprimand, even in states where recreational and medical marijuana use is legal.
a.
True
b.
False
ANSWER:
True
72. The Employee Polygraph Protection Act allows the use of polygraphs for most pre-employment screening.
a.
True
b.
False
ANSWER:
False
73. Dependency on illegal drugs is not a disability under the American with Disabilities Act.
a.
True
b.
False
ANSWER:
True
74. If drug testing is done for probable cause, it needs to be based on performance-related behaviors and not just the
substance use itself.
a.
True
b.
False
ANSWER:
True
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75. Progressive discipline is less administrative than positive discipline.
a.
True
b.
False
ANSWER:
False
76. Employee handbooks should be customized to fit a company’s current situation instead of being too generalized.
a.
True
b.
False
ANSWER:
True
77. If the organizational “norm” is to avoid penalizing problem employees, then managers are more likely to use discipline
or to dismiss problem employees.
a.
True
b.
False
ANSWER:
False
78. Pulse surveys facilitate upward communication.
a.
True
b.
False
ANSWER:
True
79. Discipline is a process of corrective action that enforces organizational rules.
a.
True
b.
False
ANSWER:
True
80. In the positive approach to discipline, counseling is the last step before the termination of an employee.
a.
True
b.
False
ANSWER:
False
81. For separation agreements to be legally enforceable, the consideration is usually additional benefits that are not part of
a normal termination package.
a.
True
b.
False
ANSWER:
True
82. What consequences are employers likely to face if they fail to follow up on implied promises?
ANSWER:
When employers fail to follow up on implied promises, employees may pursue remedies in court. Numerous
federal and state court decisions have held that such implied promises, especially when contained in an
employee handbook, constitute a contract between an employer and its employees, even without a signed
contract document.
83. How does the concept of “just cause” affect employment-related action?
ANSWER:
Just cause is reasonable justification for taking employment-related action. Union contracts typically require
an employer to provide a “good reason” for disciplinary actions such as dismissal, but this protection does not
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exist in at-will situations. There are many examples of just cause terminations (i.e., firing “for cause” when
serious violations have occurred)—Wells Fargo fired several senior executives for questionable selling
practices, Goldman Sachs terminated a number of employees for cheating on corporate training exams, and the
government contractor RDG–CGS fired two sisters for working on online university classes while they were
on the clock. Executive employment agreements may also specify a list of behaviors such as harassment or
assault that can result in termination and loss of severance pay.
Even though definitions of just cause vary, the overall concern is fairness. To be viewed by others as just, any
disciplinary action must be based on facts in the individual case. Consistency in messaging and
documentation, basing levels of punishment administered on the seriousness of infractions, and being
consistent in disciplinary proceedings can also improve perceptions of fairness. Violations of these
requirements can result in legal action. For instance, a court could easily rule that a high-performing worker
was not fired for just cause if he had been terminated for poor performance after taking unpaid time off
associated with the Family and Medical Leave Act to help a sick relative.
84. How does procedural justice differ from distributive justice?
ANSWER:
Procedural justice is the perceived fairness of the processes used to make decisions about employees. In other
words, are the rules fair and fairly applied to everyone? Due process is a key part of procedural justice when
making promotion, pay, discipline, and other HR decisions. If organizations provide procedural justice,
employees may not always like a particular decision, but they tend to respond positively because they know it
was reached in a fair way. One study found that procedural justice has the capacity to influence how reward
choice impacts job performance among workers.
People obviously prefer favorable outcomes for themselves. They decide the favorability of their outcomes by
comparing them with the outcomes of others, given their relative situations. This decision involves the concept
of distributive justice, which is the perceived fairness in the distribution of outcomes. Disciplinary action
based on favoritism—when some are punished and others are not—would likely be viewed as unfair. Fairness
depends on employee perceptions and is ultimately a subjective determination.
85. How do ombuds contribute to dispute resolution in organizations?
ANSWER:
Some organizations ensure process fairness through ombuds—individuals outside the normal chain of
command who act as independent problem solvers for both management and employees. At many large- and
medium-sized firms, ombuds have effectively addressed complaints about unfair treatment, employee–
supervisor conflicts, and other workplace behavior issues. Ombuds address employees’ complaints and operate
with a high degree of confidentiality; they can also improve employee perceptions of procedural justice.
86. What are the guidelines that should preferably be followed by employers while storing employee records?
ANSWER:
The Data Protection Act requires employers to keep personnel records up to date and keep only the details that
are needed. The following guidelines are offered regarding employer access and storage of employee records:
• Restrict access to records to a limited number of individuals.
• Use confidential passwords for accessing employee records in various HR databases.
• Set up separate files and restricted databases for particularly sensitive employee information.
• Inform employees about which types of data are retained.
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accommodations for religious practices and ethnic attire; they may even elect to be more accepting in the
interest of enhanced employee morale and engagement. One industry in which dress and appearance codes and
policies are important is the food and beverage industry. For instance, a national pizza chain might prohibit
visible tattoos and many kinds of body piercing to ensure a consistent corporate image.
Job-related reasons for imposing reasonable dress and appearance requirements are typically supported by the
courts. The key is to give adequate notice to employees and managers, consistently enforce restrictions, and
answer concerns before a dress and appearance code is drafted and implemented. Training supervisors on how
to effectively manage appearance requirements is also beneficial.
88. Explain the Drug-Free Workplace Act of 1988.
ANSWER:
The Drug-Free Workplace Act of 1988 requires government contractors to take steps to eliminate employee
drug use. Failure to do so can lead to disqualification for government contracts. Tobacco and alcohol do not
qualify as controlled substances under the act, and off-the-job drug use is not included. The U.S. Department
of Transportation (DOT) requires regular testing of truck and bus drivers, train crews, mass-transit employees,
airline pilots and mechanics, pipeline workers, and licensed sailors. Firms that operate under DOT guidelines
must use pre-employment, post-accident, and random drug exams to verify that individuals involved in
transportation activities are fit for duty. Employees who fail an exam or refuse to participate are barred from
working and must enroll in treatment. They must also pass a separate return-to-duty drug screen, as well as be
randomly tested six additional times over a 12-month period.
89. Differentiate between downward and upward communication in workplaces.
ANSWER:
Downward communication flows from top management to the rest of the organization, informing employees
about what is and will be happening in the organization and what top management’s expectations and goals
are. For instance, organizations communicate with employees through internal publications and media,
including newsletters, company magazines, organizational social media websites, videos, Internet postings,
and email announcements. Whatever the formal means used, managers should make an honest attempt to
communicate information employees need to know.
Upward communication enables managers to learn about employees’ ideas, concerns, and information needs.
Companies use surveys and employee suggestion programs to encourage the upward communication of good
ideas.
90. Describe the final step in the disciplinary process.
ANSWER:
The final stage in the disciplinary process may be called discharge, firing, dismissal, or termination, among
other terms. Regardless of the word used, termination occurs when an employee is removed from a job at an
organization. Even though positive and progressive approaches to discipline provide employees with warnings
about the seriousness of their performance problems, terminating an individual’s employment is a serious
matter and should be taken only after conferring with HR and confirming that the decision is fair and free of
bias. Terminations should not take place in the heat of the moment. Even in cases that involve very serious
infractions, such as an employee found drinking alcohol on the job, the employee should be suspended without
pay pending an investigation. The time taken to thoroughly review the situation may save the company time
and litigation cost in the end.
91. Describe separation agreements.
ANSWER:
In some termination situations, formal contracts may be used. One type is a separation agreement, in which a
terminated employee agrees not to sue the employer in exchange for specified benefits, such as additional
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ANSWER:
High litigation costs, delays in the court system, and damage to employer–employee relationships have
prompted growth in alternative dispute resolution (ADR) methods such as arbitration, peer review panels,
ombuds, and mediation.
1. Arbitration: Arbitration is a process that uses a neutral third party to make a binding decision, thereby
eliminating the need to involve the court. Arbitration has been a common feature in union contracts. However,
it must be set up carefully if employers want to use it in union-free situations. Since employers often select the
arbitrators, and because arbitrators may not be required to issue written decisions and opinions, some see the
use of arbitration in employment-related situations as unfair.
2. Peer review panels: Some companies allow their employees to appeal disciplinary actions to an internal
committee of employees. This panel reviews the actions and makes recommendations or decisions. Peer
review panels use fellow employees and perhaps a few managers to resolve employment disputes. Panel
members are specially trained volunteers who sign confidentiality agreements, after which the company
assigns them to hear appeals.
3. Ombuds: Some organizations ensure process fairness through ombuds—individuals outside the normal
chain of command who act as independent problem solvers for both management and employees. At many
large- and medium-sized firms, ombuds have effectively addressed complaints about unfair treatment,
employee–supervisor conflicts, and other workplace behavior issues. Ombuds address employees’ complaints
and operate with a high degree of confidentiality; they also can improve employee perceptions of procedural
justice.
4. Mediation: Ombuds, as well as other individuals and groups who oversee disputes, will sometimes use
mediation as a tool for developing appropriate and fair outcomes for all parties involved. Mediators may use
either a facilitative or evaluative approach to dispute resolution. Facilitative techniques foster communication
among the parties to help uncover options for settling. Evaluative techniques, on the other hand, point out the
potential weaknesses in each side’s case and offer potential settlement options. Many mediators use a
combination of those approaches depending on the circumstances of the dispute.
96. Discuss the reasons why managers may be reluctant to use discipline.
ANSWER:
Managers may be reluctant to use discipline for many reasons. Some of the main reasons include the
following:
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off the job site. For example, an employee may send threatening or harassing e-mails or text messages to a
coworker’s personal accounts. This situation might warrant employer involvement to protect the targeted
employee and reduce the chance of litigation. Organizations may also deal with employees and/or managers
who are hostile, insulting, or extremely rude to customers, suppliers, and/or employees at different levels of
the organization, and misbehaviors that may result in harm to bystanders. To respond to such actions,
managers and HR professionals should document inappropriate behaviors and meet privately with individuals
to discuss concerns, give feedback, and explain expectations. Defining acceptable and unacceptable behaviors
and communicating standards to all employees is also helpful.
98. Explain some of the best practices that should be used when conducting workplace investigations. Discuss the use of
polygraph tests as a component of investigation procedures.
ANSWER:
The following best practices should be used when conducting workplace investigations:
• Develop a good working plan that outlines how the company should respond to crises before they
occur. Confidentiality should be a high priority throughout investigations, and all-important incidents
should be properly documented.
• Specify whether HR or another party (i.e., an attorney or accountant) will conduct the actual
investigation of workplace incidents. If possible, select an objective and impartial investigator who
does not have any professional connections with the individuals being investigated.
• Investigate problems quickly before evidence can be tampered with or destroyed and begin
interviewing key witnesses. Investigate wrongdoing within several days after being made aware of the
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abuse at work is appropriate, given that absenteeism, accident and damage rates, and theft and fraud are higher
for workers using illegal substances or misusing legal substances such as prescription drugs and alcohol. The
National Council on Alcohol and Drug Dependence (NCADD) estimates that 70 percent of people who
illegally use drugs are employed.
Unless federal, state, or local law prohibits testing, employers have a right to require applicants and employees
to submit to drug testing. Pre-employment drug tests are widely used. Employers generally use one of three
policies when current employees are required to undergo drug testing: (1) random testing of everyone at
periodic intervals, (2) testing only in cases of probable cause, or (3) testing after accidents. If testing is done
for probable cause, it must be based on performance-related behaviors, such as excessive absenteeism or poor
performance, and not just the substance use itself. From a policy standpoint, it is most appropriate to test for
drugs when the following conditions exist:
• Job-related consequences of the abuse are severe enough that they outweigh privacy concerns.
• Accurate test procedures are available.
• Written consent of the employee is obtained.
• Results are treated confidentially, as are any related medical records.
• Employer offers a complete drug rehabilitation program, including an employee assistance program.
100. Describe an employee handbook. What are the best practices that companies should consider when developing
employee handbooks?
ANSWER:
An employee handbook is a physical or electronic manual that explains a company‘s essential policies,
procedures, and employee benefits. It is an important tool for communicating information about workplace
culture, benefits, attendance, pay practices, safety issues, discipline, and other critical information for
employees, and it can help prevent employment lawsuits. Handbooks are sometimes written in a formal
legalistic fashion but are more effective when written so that employees can understand the contents. Using
more common language can make the handbook more readable and usable. Even small organizations can
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