Ch. 9 EL

The WARN requires employers with ________ employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees. 50+ 100+ 75+ 25+

100+

How many days after the actual employee start date does the employer have to submit an employee query to E-Verify? 14 7 3 5

3

Under Immigration Reform and Control Act of 1986 (IRCA), how many days does an employer have to complete an employee's I-9 federal paperwork? 1 2 3 0

3

Under the IRCA, it is illegal to hire or retain undocumented workers if you employ how many workers? 4+ 1+ 20+ 10+

4+

WARN requires employers with over 100 employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees, union bargaining units, and state and local government officials ___ days prior to the event. 70 80 90 60

60

What is defamation in the context of an employment referral? A communicated true statement that harms the reputation of a former employee A communicated false statement which harms the reputation of the former employee Providing untrue reference information which omits information about a former employee's dangerous and/or criminal behavior Forcing a person to quit by ridiculing him/her based on race, color, or national origin

A communicated false statement which harms the reputation of the former employee

How does the Immigration and Nationality Act (INA) define the term "alien"? Illegal immigrants only from Canada and Mexico A person born in another country but lives in the United States - both citizens and non-citizens Every person born outside of the United States A person who lacks citizenship or status as a national of the United States

A person who lacks citizenship or status as a national of the United States

What is a "mass layoff"? A workforce reduction at a single employment site during a 20-day period which is not caused by a plant closing. It involves workforce reductions of at least 100 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 300 employees. A workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing. It involves workforce reductions of at least 50 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 500 employees. A workforce reduction at a single employment site during a 20-day period which is not caused by a plant closing. It involves workforce reductions of at least 25 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 100 employees. A workforce reduction at a single employment site during a 60-day period which is not caused by a plant closing. It involves workforce reductions of at least 100 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 1000 employees.

A workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing. It involves workforce reductions of at least 50 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 500 employees.

Due diligence in an employer's background check could include: Credit history Education or experience Driving record All of the above

All of the above

What is E-Verify? An internet-based system used to verify if an employer is in compliance with all aspects of a business and federal law An internet-based system operated by the federal government which allows an employer to determine the eligibility of an employee to work in the United States An internet-based system operated by the federal government designed to determine if a person has been terminated by previous employment An internet-based system designed to allow employers to post on which employees are most efficient and effective within their realm of work

An internet-based system operated by the federal government which allows an employer to determine the eligibility of an employee to work in the United States

The easiest way to avoid discrimination claims due to performance appraisals is to: Apply performance criteria equally to all employees Give performance appraisals tailored to the individual Allow employees to view other employees' appraisals Not have performance appraisals for everyone

Apply performance criteria equally to all employees

Which of the following is not a way to escape WARN notice requirements? Business is slowly deteriorating and will eventually go completely under unless layoffs occur The plant shutdown or layoffs are due to a natural disaster The firm experiences a severe and unforeseen loss of capital When the company is faltering and giving notice would prevent obtaining capital to continue operations

Business is slowly deteriorating and will eventually go completely under unless layoffs occur

What are the two bona fide occupational qualifications which come into play under the IRCA? Color of skin for themed entertainment venues and accent understandability for universities Color of skin for themed entertainment venues and height requirements for certain jobs Citizenship for specific federal jobs and public policy functions and English proficiency to the standard necessary to carry out essential business operations Height requirements for certain jobs and grooming and sanitation standards for serving and food industries

Citizenship for specific federal jobs and public policy functions and English proficiency to the standard necessary to carry out essential business operations

Once an employer receives the proper paperwork and completes the I-9 forms, he or she is not required to: Conduct an independent investigation on the validity of the documentation Keep the I-9 form for more than 2 months Keep the I-9 form for more than 2 weeks Keep the I-9 form for more than 2 years

Conduct an independent investigation on the validity of the documentation

If an employer places some false information in the appraisal and that information is reported to a third party, an employee may have a claim of: Veracity Defamation Discrimination Perjury

Defamation

Under its obligations to maintain a safe working environment, an employer must: Develop training and operational strategies for addressing workplace violence Install metal detectors at facilities that have a report of possible violence Provide an armed guard at facilities holding more than 200 employees Create a committee to watch for strange and peculiar behavior among employees who could turn violent

Develop training and operational strategies for addressing workplace violence

Which of the following is not a main tort that arises from former employee references? Defamation Negligent referral Discrimination Retaliation

Discrimination

Employers must not apply a job performance measure, for all employees, which has a/an ____________ on a protected class of persons. Inordinate impact Positive impact Neutral impact Disparate impact

Disparate impact

If E-Verify gives a tentative nonconfirmation response, how many days does the employee have to contact the appropriate federal agency? Ten Three Eight Fourteen

Eight

In plant closures, which of the following is not considered an "affected employee" under WARN? Employees with a 50% reduction in working hours Employees with a 25% reduction in working hours Employees having layoffs longer than six months Terminated employees

Employees with a 25% reduction in working hours

What is negligent hiring? Hiring without fully reviewing all the candidates Hiring an new employee without reviewing the AAP Hiring an employee off of a referral without a follow-up interview Failure to perform a proper background screening of an employee

Failure to perform a proper background screening of an employee

(T/F) In cases where a former employee is a danger to others, a "no comment" or limited information referral will shield a former employer from liability.

False

By 2009, the Department of Homeland Security started requiring covered contractors to enroll in E-Verify. What defines a covered contractor? Federal contract of over $100,000 and employing more than 15 workers Federal contract of over $100,000 and work performed in the United States within the last 120 days Federal contract of over $50,000 and work performed in the United States within the last 280 days Federal contract of over $10,000 and having over 50 employees

Federal contract of over $100,000 and work performed in the United States within the last 120 days

From 2007 to February 2013, the number of businesses using E-Verify: Tripled Stayed relatively the same Has grown by 18 times Dropped with the use of other programs

Has grown by 18 times

What form does E-Verify collect information from? I-9 W-4 W-9 W-10

I-9

What is the name of the form that the IRCA requires all employers to complete within three days of hiring a new employee? W-10 I-9 W-4 Working feasibility form

I-9

At the beginning of employment, under federal immigration laws, a worker is required to verify his/her _______ and _________ to work legally in the United States. Educational background : Career goals Identity : Eligibility Sex : Race Home country : Name

Identity : Eligibility

Prior to 1986, it was ________ for undocumented workers to work in the United States, but not ________ for employers to hire them. Illegal : Illegal Legal : Legal Illegal : Legal Legal : Illegal

Illegal : Illegal

__________ is the best method for a manager to correct an employee problem. Formal coaching Informal coaching Writing warnings Public reprimand

Informal coaching

Which of the following is NOT a benefit of a progressive discipline system. It can improve morale because employees see that good performance is rewarded and poor performance is not tolerated. It allows managers to intervene early when problems arise. It creates an atmosphere of good communication between management and staff. It does not apply to undocumented aliens.

It does not apply to undocumented aliens.

Workplace surveys suggest that the ________ of employee performance appraisals are inadequate. Minority Half Third Majority

Majority

Failure to perform a proper background screening of an employee could put an employer at risk of: Negligent hiring Tax fraud Defamation Workplace endangerment

Negligent hiring

An employer could be responsible for a claim by another employer for __________ based on false entries in a performance appraisal. Defamation Affirmative referral Discrimination Negligent referral

Negligent referral

When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm, this is known as: Defamation Negligent management Workplace endangerment Negligent retention

Negligent retention

Preventing work violence is a difficult task as perpetrators are often: Crazy Planning attacks for years in advance Formally trained Non-employee strangers, clients, or significant others of employees

Non-employee strangers, clients, or significant others of employees

Which type of performance measures are safest to have on an appraisal? Objective Opinion-based Subjective Character-based

Objective

A/An __________ is a single site of employment that is permanently or temporarily shut down for 6 months, or with a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for a 30-day period. WARN violation Plant closing Employment consolidation Affected employee center

Plant closing

The Immigration and Nationality Act (INA) was important in that it eliminated __________ quotas for immigration and established a strictly nation-based system for calculating immigration quotas. Gender Hispanic Race-based Industrial labor

Race-based

In a ____________ referral claim, a former employee must show that the negative referral provided by the former employer was in response to an employee's claims of discrimination or acts of whistleblowing. Defamation Negligent Retaliation Discriminatory

Retaliation

_________ time off is one element of progressive discipline. Family and Medical Leave Vacation Suspension Bereavement

Suspension

The fundamental source of United States immigration law is: The Illegal Alien Protection Act 1961 The Control and Nationality Act of 1977 The Immigration Reform and Control Act of 1986 The Immigration and Nationality Act of 1952

The Immigration and Nationality Act of 1952

To whom falls the burden to determine if an employer referral was truthful or not? The former employer The current employer An employee None of the above

The former employer

Why are performance appraisals potential liabilities to employers? They are the basis for training, promoting, benefiting, and laying off, but must also conform to state law anti-discrimination statues They cause managers to be in rooms alone with employees They make employees feel uncomfortable Employees can become offended and sue if they receive a poor appraisal

They are the basis for training, promoting, benefiting, and laying off, but must also conform to state law anti-discrimination statues

IRCA requires employers retain the Form I-9 in a file, separate from the standard personnel file, for a period of ________ year(s) after hire, or ________ year(s) after termination, whichever is longer. Seven : one Five : two Three : one Two : one

Three : one

What was the reasoning behind Congress' enactment the Worker Adjustment Retraining Notification Act? To give laid off or terminated workers in such circumstances an opportunity to search for other employment or obtain additional training To give legal aliens the opportunity to adjust to the fast-paced American work ethic before terminating them for underperformance To give employers an opportunity to look for better employees before they terminate their old ones To give non-performing workers the opportunity to improve and grow instead of being laid off

To give laid off or terminated workers in such circumstances an opportunity to search for other employment or obtain additional training

Employers are often hesitant to provide detailed references about former employees due to the risk of: Title VII violations Perjury Tort liability Discrimination

Tort liability

(T/F) Contractors may not use E-Verify to pre-screen potential employees.

True

(T/F) Employees are entitled to any earned commissions, sick pay, seniority, pension, or health benefits accrued in the 180 days prior to a plant closing.

True

(T/F) There is no federal law requiring performance appraisals in employment.

True

is an absolute defense against defamation claims. Poor employee reviews A character witness Underperformance Truth

Truth

Which of the following is not part of the documentation needed for an alien to work in the United States? U.S. employment identification card Permanent resident card Border crossing identification card Valid passport

U.S. employment identification card

In making a claim of discrimination or retaliation, a claimant must show that an appraisal: Is not approved by friend and family character witnesses Was completed too quickly and without enough thought Was emotionally damaging Unjustly resulted in negative job action

Unjustly resulted in negative job action

What is negligent retention? Keeping an employee out of friendship even though he/she is underqualified and underperforming essential job functions When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm When an employer does not completely divulge the correct amount of tax information to the IRS because of the use of illegal immigrants When an employer refuses to terminate or remove underqualified Caucasian males to and replace them with more-qualified minorities

When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm

Progressive discipline refers to learning how to manage employees with extreme political views. a manager's graduated response to employee poor performance. a new method of correcting employees based on no overt discipline. none of the answers provided is correct.

a manager's graduated response to employee poor performance.

When long-standing employee performance issues are not resolved through progressive discipline, the most likely result is employee _________ termination. dissatisfaction. wellness. absenteeism.

termination.