Q&A Hero

Q: 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

Q: Which of the following provisions prohibits 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

Q: Employers should apply all of the following guidelines in developing a search policy EXCEPT: a. ensuring that the search policy is widely communicated across the entire organization. b. enforcing all search policies on an evenhanded basis. 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.

Q: Which of the following provisions 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

Q: 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.

Q: Which of the following provisions 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

Q: Which of the following provisions 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

Q: 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

Q: It is estimated that _____ of employees in the United States work without benefit of an employment contract. a. 20 percent b. 40 percent c. 89 percent d. 66 percent

Q: 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 Claim Act

Q: 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

Q: 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.

Q: 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

Q: 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.

Q: 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.

Q: 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.

Q: 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 made in an employee handbook or HR policy manual.

Q: 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

Q: Discharge for refusing to violate a professional code of conduct falls under which exception to employment-at-will doctrine? a. Violation of public policy b. Implied contract c. Implied covenant d. Does not fall under an exception

Q: 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

Q: Which of the following is NOTan exception to the employment-at-will doctrine? a. Implied contract b. Established protection c. Violation of public policy d. Implied covenant

Q: 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

Q: 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

Q: The expectations of a fair exchange of employment obligations between an employee and his or her 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.

Q: 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 situation for employees.

Q: Which of the following groups CANNOT grant rights to employees? a. Employers b. State legislatures c. Federal courts d. Unions

Q: One of the primary goals of ethics training is to avoid adverse publicity. a. True b. False

Q: Organizations are required by law to comply with ethical guidelines. a. True b. False

Q: Ethics can be defined as a set of standards of acceptable conduct. a. True b. False

Q: Mediation is always a formal process that results in compromise. a. True b. False

Q: Ombudsmen solve problems by negotiating and mediating between supervisors and subordinates. a. True b. False

Q: With an open-door policy, decisions tend to be consistent across managers. a. True b. False

Q: Employees do not have the right to have an attorney present during an investigative interview. a. True b. False

Q: Peer-review boards consist only of people whose jobs are similar to that of the person appearing before the board. a. True b. False

Q: Step-review systems involving nonunion employees are very similar to grievance procedures used in union contracts. a. True b. False

Q: Due process is generally defined as the employee's right to be heard. a. True b. False

Q: When the first two steps fail while implementing positive discipline, decision-making leave is provided, which is a paid leave. a. True b. False

Q: Positive discipline is based on a mutual problem-solving approach, but resolutions are still mandated by management. a. True b. False

Q: Positive discipline relies on reminders given to employees to improve performance. a. True b. False

Q: The most significant cause of inadequate documentation is that managers often do not know what constitutes good documentation. a. True b. False

Q: 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 b. False

Q: The typical sequence of progressive discipline is written warning, oral warning, suspension, and discharge. a. True b. False

Q: Dreadlocks and beards are protected religious observance rights under Title VII of the Civil Rights Act. a. True b. False

Q: Progressive discipline results from using positive reinforcement instead of punishment to correct behavioral problems. a. True b. False

Q: Progressive discipline is designed to force an employee to improve his/her performance involuntarily. a. True b. False

Q: According to the Weingarten ruling, an employer must bargain with the employee's representative during an investigative interview. a. True b. False

Q: The NLRB v Weingarten ruling requires that nonunion employees always be the cause of the right to representation during an investigative interview. a. True b. False

Q: Documentation of an employee's misconduct includes stating the improvement expected by the employer. a. True b. False

Q: One of the goals of discipline is that it should be considered as training that molds and strengthens desirable conduct, corrects undesirable conduct, and helps in developing self-control. a. True b. False

Q: In an organizational setting, discipline should be viewed as a way of correcting poor performance rather than as a punishment. a. True b. False

Q: A supervisor in a romantic relationship with a subordinate becomes immediately vulnerable to a sexual harassment claim. a. True b. False

Q: An employee's immediate supervisor is the logical person to apply the company's disciplinary procedure. a. True b. False

Q: A number of states have passed laws that allow employers to fire employees for activities they pursue offsite on their own time. a. True b. False

Q: 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. a. True b. False

Q: Random searches of employees' personal belongings without probable cause should be avoided. a. True b. False

Q: 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. a. True b. False

Q: Because personnel files are the employer's property, an employee may be barred from seeing his or her file. a. True b. False

Q: 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

Q: U.S. courts consider random searches of employee lockers, suitcases, and toolboxes illegal. a. True b. False

Q: Impairment testing is always the first step in random drug testing. a. True b. False

Q: According to a recent report by the American Management Association, athird of employers have fired workers for misusing the Internet. a. True b. False

Q: According to a recent report by the American Management Association,more than a quarter of employers have fired workers for misusing e-mail. a. True b. False

Q: Few federal laws protect workers from being watched. a. True b. False

Q: One advantage of impairment testing is that it focuses on off-duty behavior rather than workplace conduct. a. True b. False

Q: Today, most companies conduct drug tests only when reasonable suspicion or probable cause exists. a. True b. False

Q: In the private sector, drug testing is largely regulated by individual states. a. True b. False

Q: 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

Q: Explicit contracts are not enforceable in court if either the employee or employer violates any provisions of the agreement. a. True b. False

Q: Most legal experts suggest employers use antipiracy agreements rather than noncompete agreements. a. True b. False

Q: Federal employees are not covered by the federal Whistleblower Protection Act. a. True b. False

Q: Approximately two million workers are discharged each year. a. True b. False

Q: 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

Q: The Workers' Adjustment Retraining and Notification Act (WARN) requires many employers to provide 60 days notice of plant closure and mass layoff. a. True b. False

Q: According to the Workers' 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

Q: Constructive discharge cases involve employees who are forced to quit due to intolerable work conditions. a. True b. False

Q: One way to help avoid implied contract lawsuits is to have written proof that employees have read the employment-at-will disclaimers. a. True b. False

Q: Telling an employee that their job is secure as long as they perform satisfactorily and are loyal to their organization does not make an implied contract binding. a. True b. False

Q: Whistle-blowing is a protected right of employees. a. True b. False

Q: The employment-at-will doctrine gives managers and supervisors the unrestricted right of termination. a. True b. False

Q: 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 ofan implied contract. a. True b. False