b.
the right to trial by a jury of one’s peers.
c.
good faith bargaining.
d.
due process.
44. Which of the following is not a requirement of a due process system?
a.
It must follow rules and not be arbitrary.
b.
It must be well documented.
c.
It must be predictably effective.
d.
It must be perceived as equitable.
45. Requirements of a due process system include all of the following except
a.
b.
c.
d.
46. Methods of providing due process for employees outside of the legal system are called
a.
arbitration.
b.
mediation.
c.
adjudication.
d.
alternative dispute resolution.
47. One of the most used alternative dispute resolution methods is
a.
the open door policy.
b.
the suggestion box.
c.
the complaint box.
d.
employee complaint hotlines.
48. An alternative dispute resolution method that allows the employee to be represented by an attorney in front of a
neutral company executive is called
a.
mediation.
b.
arbitration.
c.
a hearing procedure.
d.
trial by fire.
49. An ombudsman
a.
hears all formal employee complaints.
b.
is part of the human resources department.
c.
is a consultant hired by a company to chair hearing procedures.
d.
investigates reported complaints and helps to achieve equitable settlements.
50. The peer review panel
a.
is typically well-versed in company culture.
b.
is made up of senior managers from the company’s headquarters.
c.
is housed in the legal department.
d.
is typically not well trusted within an organization.
51. A process in which a neutral party resolves a dispute between two or more parties and the resolution is binding is
known as
a.
mediation.
b.
negotiation.
c.
adjudication.
d.
arbitration.
52. An individual who reports to some outside party some wrongdoing that he or she knows or suspects his or her
employer of committing is a(n)
a.
informant.
b.
corporate traitor.
c.
whistle-blower.
d.
muckraker.
53. Which of the following is not a key element in the whistle-blowing process?
a.
the act or complaint
b.
the party to whom the report is made
c.
the organization against which the complaint is made
d.
the law under which the complaint is lodged
54. Which of the following is true about the average whistle-blower?
a.
They are more highly paid than inactive observers.
b.
They have lower job performance reviews than inactive observers.
c.
They are less likely to hold supervisory or professional status than inactive observers.
d.
They are more likely to be single than inactive observers.
55. Things to consider before whistle-blowing include all of these except
a.
Have you identified sources of support?
b.
Does the disclosure advance public interest?
c.
Will you remain anonymous at all costs?
d.
Have you thought about the outcomes?
56. What forms of retaliation might be aimed at a whistle-blower?
a.
not given promotion
b.
cold shoulder from coworkers
c.
transfer to another office
d.
all of these choices
57. What incentives are provided to claimants under the False Claims Act?
a.
immunity from prosecution
b.
15 to 25 percent of the proceeds from any settlement joined by the government
c.
guaranteed reinstatement and double back pay
d.
witness protection program
58. The Sarbanes-Oxley act applies to:
a.
contract workers
b.
self-employed citizens
c.
employees in publicly held firms
d.
the unemployed
59. Each of the following suggestions are encouraged for free and open speech in the workplace except
a.
Invite suggestions from employees
b.
Actively refute assumptions and myths that discourage communication
c.
Hesitate and make excuses for not implementing suggestions
d.
Tailor rewards so that employees share directly in cost savings or sales increases from ideas they offer.
60. All of the following are key elements that comprise the whistle-blower process except
a.
the arbitrator.
b.
whistle-blower.
c.
the act or complaint about which the whistle-blower is concerned.
d.
the organization against which the complaint is made.
61. Legal challenges to the employment-at-will doctrine include all the following except
a.
public policy exceptions.
b.
contractual actions.
c.
firing exceptions.
d.
breach of good faith actions.
Provide a short answer to each of these questions. Be sure to fully explain your answer.
62. What are the impacts of a global economic recession on employee loyalty?
63. Why does employee loyalty remain important under the new social contract? Why is it important?
64. Explain why the private sector has historically not had to observe individuals’ rights.
65. Does an employee maintain her civil rights when she is at work? If so, how are they prioritized relative to other rights
and duties at work?
66. Courts have interpreted some communications from employer to employee as implied contracts, even though the
employer did not intend them as contracts. Evaluate the reasonableness of the courts’ interpretations.
67. Contrast the roles of ombudsman and human resource manager.
68. Describe the range of duties covered by due process.
69. To whom does an employee owe a duty? How does your answer affect the whistle-blowing process?
70. Using the authors’ definition of whistle-blowing, the complaint must be lodged with some party outside the
organization in question. By this definition, the actions of Sherron Watkins at Enron, Colleen Riley at the FBI, and
Cynthia Cooper at WorldCom would not be considered whistle-blowing. Does the complainant have to report to an
outside party for the action to qualify as whistle-blowing? Why or why not?
71. Discuss the shortcomings of the whistle-blower portion of the Sarbanes-Oxley Act.
72. Evaluate the differences between the old and new social contracts between employer and employee. Does one seem
more fair than the other? If so, why?
73. Is the employment-at-will doctrine fair to both employer and employee?
74. Watch one of the movies listed in Figure 17.5. Describe some of the difficulties the whistle-blower encountered as a
result of his or her actions.
75. What advice would you give to management faced with a potential whistle-blowing situation? What should
management do, and not do?