MGT434/T Week 4Apply assignment and Topic 11 Quick Check - Privacy and Information in Employment

Who of the following is least likely to be hired by an employer?

A highly qualified undocumented alien—against an averagely qualified documented alien for a retail job.

Kari intended to write up a report of Susan's poor performance after the fact, that is, after Susan had been fired. What would be the effect of this action in a subsequent lawsuit?

A jury would put no credibility on a formal written performance appraisal written shortly after an employee was terminated and prepared in anticipation of a lawsuit.

Bart is an illegal immigrant from Canada. He gets hired at Company A in the United States and works there for several weeks until he is discovered to be an undocumented worker, at which point he is fired. Which of the following is true of this situation?

Both parties committed an illegal action, but Company A bears the burden of making sure employees are eligible to work

Buster has had a serious medical condition for many months. He has used up all of his sick leave and vacation days, as well as 10 weeks of intermittent FMLA leave. He asks for an additional two weeks off from work. Which of the following is true?

Buster is entitled to the leave he is asking for.

In this scenario, Kari makes light of the Employee Handbook. Kari should not do this, because under federal employment law, a company's Employee Handbook ______________.

Can be an implied contract to which the employer and the employee are bound.

Tianna has earned health benefits at her job at Company A when she decides she wants to switch to working at Company B. Company B won't offer Tianna benefits until she has worked for six months, so Tianna is interested in continuing her benefits from Company A for a time. Once she stops working at Company A, which of the following is true?

Company A must provide Tianna with continued coverage, but it may charge her for it.

Ella makes minimum wage at her factory job. Her job title is "System Assembly Supervisor." She primarily spends her workday putting together electronic components. Which of the following is true?

Ella is not an exempted employee and must be paid overtime for her hours over 40.

Felipe is an illegal immigrant seeking work in the United States. He is hired by a small factory doing manual labor. When it is discovered that Felipe is an illegal immigrant, ____________.

Felipe can be deported, and the employer can be punished if it knew or should have known.

Hillary has contributed for 20 years to a defined benefit pension plan. The investments tied to the plan deflated right before Hillary was planning to retire and begin collecting pension benefits. Which of the following is true?

Hillary is entitled to a certain level of benefits regardless of how the plan performed

Company A calls Company B to ask about Company B's former employee. Company B knows the employee caused a lot of problems before being fired. Which of the following would be the best practice for Company B?

Inform Company A why the employee was fired and recommend seeking additional information.

In this scenario, Susan could be determined to have engaged in __________.

Insubordination

Jamie is on military leave from her job for three years. When she returns home, her former employer rehires her and promotes her to a position higher than the one she had when she left, plus a pay raise. Another employee, Caleb, who replaced Jamie when she left, feels Jamie's promotion is unfair and that he is being discriminated against. Which of the following is true?

Jamie is required to be placed at what reasonably could have been her position if she hadn't taken military leave.

Company A decides it must close an unprofitable plant and lay off many of the workers there. The workers' union immediately responds and wants to negotiate a plan that will have the least negative impact on the workers who will be laid off. Which of the following requests is the employer not required to address in collective bargaining?

Keeping the plant open longer than 60 days

Maricruz is a non-exempt employee who was just hired at a restaurant. Which of the following is not true concerning how her employer may pay her?

Maricruz may be paid $7.00 per hour if that is her state's minimum wage.

In a lawsuit by Susan against Kari's company, the fact that there are no employees over 40 within Kari's department is most likely ____________.

Material, as it could be used to show age discrimination—more facts are needed.

Kari tells Susan that she is being fired because she is not getting the work done, talking too much about relatives, and not pulling her weight on her team. According to the ADEA, which of the following statements pertains to these facts?

May help Susan if employees under 40 years old were given express instructions about job duties and she was not

Susan tries to explain to Kari that her job duties were unclear. If Susan sues for discrimination under the ADEA, this fact __________.

May help Susan if employees under 40 years old were given express instructions about job duties and she was not.

Company A conducts reasonable research on Ethan's background before hiring him and determines he is a safe choice for hire. Several months later, Ethan commits a violent act at work. Since he has no history of violence, Company A retains him. Ethan then commits another violent act at work which leaves another employee injured. Which of the following is true of this situation?

Negligent retention has occurred, but not negligent hiring.

It appears from this scenario that Kari had never formally evaluated Susan's work performance. Performance reviews are not required by the law. What additional information would help Kari to defend herself in a lawsuit?

No evaluations were given to any employees.

Jean has a problem with an employee, Wynne, who often gets distracted from her work and is unproductive. All employees have been emailed an announcement about staying on task at work, and Wynne's problem persists. At this stage, the wisest solution to this problem is ________.

Oral or written warning

Insurance Company A manages the provision of benefits to many different companies' employees. Which of the following is not part of the company's duties in handling patients' medical information?

Restrict medical record access to anyone but patients and company employees.

If Susan sues but fails to make her case for age discrimination, she might still make a case for _____________.

Retaliation due to her recent leave under the Family and Medical Leave Act.

The following series of events occurred: I. Martha was subject to gender discrimination at her job. She attacks her boss in anger over the discrimination. II. Martha made a discrimination claim. III. Martha was fired from her job. IV. Martha applied to a different employer, who asked for a referral from her former employer. V. Martha's former employer informs the requesting employer that Martha has a violent disposition and should not be hired. Which of the following took place?

Retaliation only

A good defense for Kari against any lawsuit by Susan for age discrimination is the ________ defense.

Same actor.

At his warehouse job, Sergio notices that heavy pallets are stacked twice as high as they are supposed. Which of the following is not true?

Sergio can be reassigned to another, less favorable position because of his complaint.

Company A is a business with 80 employees spread over two plants. Financial struggles lead the company's executives to consolidate the two plants in order to save costs until business picks up again. Within six months, the executives hope to be able to open the second plant again, but until then, some workers will have to be laid off. Which of the following is true?

The company isn't subject to WARN requirements at all.

Blake, a convicted felon, applies for a job at Company A. The supervisor, Wes, recognizes that Blake is a felon but decides to give him a chance at employment. He places Blake under close supervision and keeps him mostly separate from other employees and, for many months, no problems occur. A year later, Blake is under regular supervision and spends more time with other employees. If he commits an act of workplace violence, which of the following would most likely be true?

The employer has exercised due diligence

Kari tells Susan that she is being fired because she is not getting the work done, talking too much about relatives, and not pulling her weight on her team. According to the ADEA, which of the following statements pertains to these facts?

They are sufficient defenses to Susan's claim of age discrimination.

Vicente works at a factory. While he is working, a coworker negligently spins "donuts" while driving a forklift and runs into Vicente, causing an injury to both workers. Which of the following is true?

Vicente will be covered by workers' compensation, but his coworker will not.

Wally returns from a tour of duty to his former employer and is placed in his old job position. Several months later, Wally is fired because of a sexual harassment problem. Which of the following is true?

Wally can be fired because the cause or reason is substantial.

IIf Susan's claim of age discrimination does not prevail, she might win a case for ____________.

Wrongful discharge