PHR - Chapter 8

C. Background checks are still legal and should be conducted on applicants before a job offer is made to be sure there is no history of bad behavior that could bring liability into the new workplace The EEOC simply recommends making sure they are job related and that conviction records not automatically disqualify candidates. Using background checks to help prevent claims of negligent hiring is a good idea.

10. Elaine has attended an industry meeting with other HR professionals. She came back to her office with the idea that background investigations of new hires is something she ought to implement. What would you say to Elaine about that idea? A. The EEOC has banned background investigations in any form because they discriminate against Hispanics and Blacks. B. The EEOC has only recommended that background checks not automatically eliminate Hispanics or Blacks because of employment history C. Background checks are still legal and should be conducted on applicants before a job offer is made to be sure there is no history of bad behavior that could bring liability into the new workplace D. Finding anyone these days with no skeleton in the closet is going to be difficult. Background checks are not really worth the money or time they require

Collective bargaining agreements

4. _______________ ________ _______________ are contracts between a union and an employer

A. Grievance resolution process C. Employee suggestion program While an employee assistance program and internal application process may have employee relations benefits, they are not true employee relations programs. An employee assistance program is part of an organization's benefits packet, and an internal application process is part of the talent acquisition process

11. Which of the following two employer policies are employee relations programs? A. Grievance resolution process B. Employee assistance program C. Employee suggestion program D. Internal application process

D. Violent behavior of any kind is justification for immediate dismissal. Even if there is no policy that says violence can result in immediate termination, that is how this situation should be handled It is hard to be absolute in any recommendation, but this situation sounds like it should result in immediate termination of at least the aggressive employee. It may be appropriate to also discipline the other employee depending on the outcome of an investigation

12. Mary received an anonymous complaint that an employee initiated a physical fight with another employee. After investigating the complaint and speaking to witnesses, she learned that the allegations made in the complaint were true. Mary has never before had an employee who caused a physical fight with another employee. The policy in her organization calls for progressive discipline. Mary isn't sure if she should just give the employee a warning or terminate him immediately. What would you recommend? A. This is the reason people should learn self-defense. When someone is defending themselves, there should be no reason for employer-imposed discipline. The aggressive employee should be given a written warning, though. B. It is hard for someone to start a fight by themselves. Both employees should be written up, skipping the oral warning step of progressive discipline. C. It depends on how other aggressive behavior has been treated in the past. Even though there have not been fights per se, the employee treatment should be guided by history. D. Violent behavior of any kind is justification for immediate dismissal. Even if there is no policy that says violence can result in immediate termination, that is how this situation should be handled

Wildcat strike

13. An illegal, unsanctioned work stoppage by a union in reaction to some dispute with the employer is a _____________ ________________

D. Maybe. However, if the employer can describe the reward as "special" based on the circumstances, it needn't create a precedent that must be followed in each future instance It is not a requirement that each person who completes their project ahead of schedule be given a paid day off. However, if you create a situation where people in similar circumstances are treated differently based on membership in a protected class, you could face a claim of illegal discrimination.

14. Woodrow has been awarded a paid day off because he delivered his product development project ahead of schedule. Does this mean every time someone delivers a job in advance of the deadline they should be given a paid day off? A. Maybe. If the situations are the same or very similar, the reward should be the same. B. Maybe. Assuming that the employees had the same amount of service and their projects were similar in difficulty, they should all be given a paid day off C. Maybe. With an eye on illegal discrimination, the employer should err on the side of providing a day off with pay to anyone who completes work ahead of schedule D. Maybe. However, if the employer can describe the reward as "special" based on the circumstances, it needn't create a precedent that must be followed in each future instance

B. There is no federal law requiring diversity management programs. Sophisticated employers are moving in that direction because it is the right thing to do and production results often improve Diversity management programs are not a new idea, and they are not a legal requirement. More and more employers, however, are implementing them because they help with employee satisfaction and marketplace perceptions.

15. Harold has heard that it is necessary to have a diversity management program under some new federal law. What would you tell Harold about the requirement? A. The new law won't be effective until a year after it was passed. So there is no immediate requirement for him to worry about. B. There is no federal law requiring diversity management programs. Sophisticated employers are moving in that direction because it is the right thing to do and production results often improve C. There is no law requiring diversity management programs, and employers should not consider moving toward such programs unless they are federal contractors D. The new law will require diversity management programs only for employers who have federal contracts to provide goods or services to government agencies.

C. Gianna should review the experience of employers in the automobile industry to determine how to design her program The best way to ensure success of a new employment program is to study those that have already been successful. The automobile industry has achieved a great deal of success with this method of addressing work problems. It makes sense to study their efforts and consider using some of their methods.

16. Gianna has been asked by her boss to develop a program for use of self-directed work teams in their organization. She has limited experience with that form of organization. How would you advise her on her project? A. Self-directed work teams only work well in the high-tech industry B. Her program should have a method for determining how a leader will be appointed for each work team. There must be management control over all team efforts. C. Gianna should review the experience of employers in the automobile industry to determine how to design her program D. She should place a sunset provision into her program so each work team is disbanded 12 months after it is formed. Everyone needs to return to their normal work group no later than that 12th month.

C. Accident reporting D. Emergency response planning Background checks are completed prior to hire or transfer into a new position and not for health or safety reasons. Long-term disability is part of the employee benefit package and should not be confused with workers' compensation for work-related injuries

17. Which of the following two policies should be covered in a health and safety program? A. State disability insurance B. Background checks C. Accident reporting D. Emergency response planning

D. Universally, unions will rely on seniority as the determining factor for all treatment under contract provisions We have yet to see a union contract that didn't use seniority as the determining factor for contract provisions

5. Will seniority always be the determining factor in a union agreement? A. Not always. Some union contracts will use education as the determining factor over ruling seniority in the process B. Seniority is used only by unions that have contracts or subcontracts with federal agencies C. Public agencies rely on seniority, and they are the only ones with those agreements D. Universally, unions will rely on seniority as the determining factor for all treatment under contract provisions

C. Emma should recess the meeting and tell the steward that she will not continue their conversation until the steward can conduct herself in a civil manner Emma does not have to sit there and take abuse from the steward. If the steward cannot behave civilly, the meeting should end. Only when the steward can control herself should Emma agree to continue. It might also be a good idea to provide some feedback to the union president about what has happened in the meeting.

18. Emma has never had to manage a union contract before. As the HR manager, she is involved with the grievance-handling process as the third step in the process. At her first meeting with the union steward, the steward began yelling at Emma and telling her what she had to do to satisfy the union in this situation. Emma was stunned. What should she do? A. She has little choice but to sit there and take it. She is the employer's representative, and if she gets upset, it will only make matters worse B. Emma should call a recess and ask for a management representative to join the meeting with her so she can have some backup in an unpleasant situation C. Emma should recess the meeting and tell the steward that she will not continue their conversation until the steward can conduct herself in a civil manner D. Once the steward has blown off all her steam. Emma should continue the discussion by explaining the employer's position

D. Yes. In this instance, she should also have conducted a search of his driving record before hiring him into a job that required driving for deliveries. She shouldn't have relied on only former employer input. A background check should be tailored to the situation. For a job that requires driving, a check of DMV records and history of insurance claims should be routine. Had Sophia conducted such a check, she surely would have uncovered this history and been able to change her hiring decision.

19. Sophia makes it a practice to call each applicant's former employers to verify employment claims and determine if there were any behavioral problems in prior jobs. Her company is now being sued because a new hire had an automobile accident while on a deliver run. It turned out he had a history of reckless driving charges in his past two jobs. But she wasn't told about those when she talked with the former employers. Should Sophia be worried? A. Yes. Almost certainly, Sophia will be blamed for negligent hiring. She has little defense. She should have found out about the new employee's previous employment issues. B. No. She tired to get information from the previous employers, and they wouldn't talk to her. She made a good faith effort. She is off the hook. C. Yes. Sophia is going to have to explain to her attorney why she hired this person when there was such a bad history of workplace behavior. D. Yes. In this instance, she should also have conducted a search of his driving record before hiring him into a job that required driving for deliveries. She shouldn't have relied on only former employer input.

B. Not at all. By specifying how much will be paid and the start date, there is no promise of continued work, so there is no contract Employment contracts require a promise to do something in return for consideration such as work. Even if an offer is made and accepted, the letter would need to contain a promise of retention for a certain period of time to overcome the employment-at-will status

2. When Barack began his work with the AB Trucking Company, he established a process of sending engagement letters to all his new employees. Is he crating employment contracts by doing so? A. Probably. By laying out the amount of money he is going to pay them and when they will begin work, he is creating a contract agreement. B. Not at all. By specifying how much will be paid and the start date, there is no promise of continued work, so there is no contract C. Absolutely. By giving the new employee a chance to review the employee handbook and sign the engagement letter, there is a written contract for employment D. Maybe not. If the letter doesn't require a signature from the new employee, there likely isn't a contact being created

A. A well-constructed employee survey can provide information about the types of employment benefits employees would find attractive, how they feel about their managers, and if they believe they are being treated fairly. All of these feedback categories can be assigned dollar values and can be compared over time as budget impacts In fact, each category of employee feedback can be assigned a dollar value, and those can be tracked over time as budget impacts. Benefits are only one segment of the employee experience at work. Interpersonal relations with supervisors and managers is another big issue. Generally speaking, employees who feel well treated will be better performers, which also impacts the financial results.

20. Oliva believes that it is a good idea to conduct an employee survey each year to get input about employee attitudes. Her vice president thinks that employee surveys cost too much money and don't provide much value in the end. What should Olivia tell the vice president? A. A well-constructed employee survey can provide information about the types of employment benefits employees would find attractive, how they feel about their managers, and if they believe they are being treated fairly. All of these feedback categories can be assigned dollar values and can be compared over time as budget impacts B. Because the professional HR community is suggesting that employee surveys be conducted each year, it would be wise for Olivia's organization to do that also C. The organization Olivia worked at before did an employee survey, and she thinks it would communicate to employees that the employer is willing to listen to them D. In the modern workplace, employee attitudes are controlling factors. Surveys will help managers regain control of the workplace

A. Perhaps. It was close to a promise that she wouldn't be laid off in the future. Caladonia wasn't promised a job forever. But she was told the employer always found another way to deal with slow periods. In many jurisdictions, she can rely on that as a contract

3. Caladonia was interviewing with the HR manager of an organization she really wanted to work for. The HR manager told her that "the employer was really good about not laying off workers." They always found another way to deal with slow periods. Can Caladonia rely on that statement as an oral contact? A. Perhaps. It was close to a promise that she wouldn't be laid off in the future. B. Absolutely. There is no question that the HR manager made an oral contract with Caladonia C. Probably not. There really wasn't any promise made to not lay her off later D. Definitely not. The HR manager can say anything during an interview, and it can't be relied on as an oral contract.

A. If there is a conflict between union contract and the employer's policies, the contract will always win Contract provisions are policy. So contract provisions will prevail.

6. Is it possible for employment policies (as laid out in the employee handbook) to take precedence over union contracts? A. If there is a conflict between union contract and the employer's policies, the contract will always win B. IF a conflict arises, then the policy will always prevail C. Whenever there are different provisions in a union contract and employer policy, the differences must be arbitrated to resolution D. It is up to the manager of the unit involved to determine which will be applied in a given situation

D. With provisions for exceptions to be approved by senior management, Dabney can be confident that the handbook policies will be applied by all managers in his organization There will always be someone wanting an exception to a policy. Requiring senior management review and approval for each exception is key to making sure there are legitimate business reasons supporting each request.

7. Dabney is the HR manager for his employer. He has been asked to write an employee handbook to provide all the organization's policies in writing. What will employees be able to assume about the handbook policies? A. Handbook policies are only guidelines, and they will offer general instruction about how to treat things like vacation and leaves of absence B. Dabney should write the handbook so policies are acceptable to most employees. There will always be some exceptions to the rules. C. The policies are requirements. All managers and employees should use them consistently, or there can be complaints of illegal discrimination D. With provisions for exceptions to be approved by senior management, Dabney can be confident that the handbook policies will be applied by all managers in his organization

B. Explanation of areas requiring performance improvement C. Consequences for not successfully completing the plan Performance improvement plan outline expected areas of performance improvement, timeline for improvement, resources available to assist the employee, and consequences for not meeting plan expectations

8. Which of the following two items are elements of a performance improvement plan? A. Witness statements outlining the employee's performance issues B. Explanation of areas requiring performance improvement C. Consequences for not successfully completing the plan D. Section for the employee to waive rights to pursuing legal action

C. Progressive discipline is a good process for any employer. It offers due process to workers, and it satisfies the legal covenant called good faith and fair dealing Due process is the effort made by employers who want to convey that they are treating employees fairly. It demonstrates that the employer is abiding by the covenant of good faith and fair dealing

9. A union contract normally details the process called progressive discipline. How would you counsel nonunion employers to deal with the process? A. Progressive discipline is required only for union-represented organizations B. There is no need for nonunion employers to have progressive discipline process since they are probably at-will employers and can terminate employees any time C. Progressive discipline is a good process for any employer. It offers due process to workers, and it satisfies the legal covenant called good faith and fair dealing D. Employers can consider using progressive discipline, but absent a union contract, there is little motivation to use the process

A. Employment at will means either the employee or the employer can end the relationship at any time for any reason. Either party can end the relationship with or without notice subject to some limitations on the employer created by various laws barring illegal treatment

Chapter 8 1. Alysse is setting up the human resource systems for her newly formed organization. She wants to write a policy about employment at will but isn't sure what it is. How would you explain it to her? A. Employment at will means either the employee or the employer can end the relationship at any time for any reason. B. Employment at will means the employer can terminate an employee when necessary, but the employee must give two weeks' notice. C. Employment at will means the employee can quit at any time, even without notice D. Employment at will doesn't exist anymore because of state and federal labor laws