HRM Chapter 15-Employee Rights and Responsibilities

Examples of alternative dispute resolution procedures include all of the following EXCEPT a. due process. b. peer review panels. c. arbitration. d. ombudspersons.

a. due process.

Claudette is being terminated from her position as Chief Financial Officer of a private university. She has signed a separation agreement not to sue the employer. This agreement is legal if a. Claudette has legal counsel when negotiating the agreement. b. Claudette receives additional consideration for signing the agreement. c. the agreement is confidential. d. Claudette is not being fired for illegal activities.

b. Claudette receives additional consideration for signing the agreement.

Which of the following statements is TRUE? a. Blogs are protected under free speech, so employees cannot be disciplined for work-related comments in their personal blogs. b. Employers can discipline or terminate employees for statements made in either work or personal blogs. c. As long as what employees say in their blogs about their company, bosses, and co-workers is true, the employees are protected against employer retaliation. d. Private-sector employees have free speech rights in their blogs, but employees of the federal government can legally be forbidden from blogging about anything concerned with their workplace.

b. Employers can discipline or terminate employees for statements made in either work or personal blogs.

In general, personnel files and records should be maintained for: a. 1 year. b. 3 years. c. 7 years. d. the life of the company or its successor companies.

b. 3 years.

The best discipline is a. public. b. immediate. c. self discipline. d. positive reinforcement.

c. self discipline.

A statement in the employee handbook that the employee or the employer may terminate the relationship at any time, for any reason, with or without cause or notice is called a/an ____ statement. a. implied contract b. temporary employment c. employment-at-will d. no-fault-employment

c. employment-at-will

What benefits do alternative dispute resolution systems provide employers? a. higher employee productivity b. reduction in numbers of employee complaints c. lower legal costs d. fewer constraints on management behaviors than when no ADR system is in place

c. lower legal costs

There are three major drug testing policies that most employers follow when testing current employees. Which of the following is NOT one of these typical policies? a. random testing of every employee at periodic intervals b. testing only when there is probable cause c. testing employees fitting the drug-user profile at random intervals. d. testing after accidents

c. testing employees fitting the drug-user profile at random intervals.

Which of the following would NOT typically be included in an employment contract? a. compensation b. the names of the parties to the contract c. the parties' statutory rights d. general job duties and expectations

c. the parties' statutory rights

An employer can avoid a case of wrongful discharge by following all of the following steps EXCEPT a. providing accurate performance appraisals for all employees. b. maintaining written records of employee behaviors leading to termination. c. writing a clause in the employee handbook that all employees are at-will employees. d. involving more than one person in the termination decision.

c. writing a clause in the employee handbook that all employees are at-will employees.

David is an engineer who considers himself a humorist and a "modern-day Mark Twain." As a hobby, he collects e-mails he thinks are entertaining from friends throughout the world using his computer at work. Much of this collection is composed of jokes regarding the president, religious leaders, and blondes. So far, no one at his workplace has complained about David's hobby, and co-workers frequently pop into David's cubicle during their breaks to ask him for the best joke of the day. a. This is not an issue for HR because no one at the workplace has complained. b. This is an all-male workplace, so there is not a problem with a hostile environment, and religious and political commentary are protected under the constitutional right to free speech. c. HR does not need to take action on David's hobby because these e-mails are not malicious or threatening. d. David's hobby is a potential legal liability for the company.

d. David's hobby is a potential legal liability for the company.

____ provide general guidance to managers, while ____ are specific to the situation allow no discretion by the individual manager. a. Regulations, rules b. Procedures, regulations c. Rules, procedures d. Policies, rules

d. Policies, rules

____ are powers, privileges, or interests that belong to a person by law, nature, or tradition. a. Responsibilities b. Duties c. Freedoms d. Rights

d. Rights

In order to be enforced in court, the rights of an employee: a. must be contained in a formal employment contract. b. must be spelled out in some written form, such as, but not limited to, an employment contract, HR policies, an employee handbook, or job descriptions. c. must be covered by employment legislation at the federal, state or city level. d. can be implied from employer expectations about acceptable behavior and performance.

d. can be implied from employer expectations about acceptable behavior and performance.

Which of the following statements is TRUE regarding whistle-blowing? a. It is illegal for employers to retaliate against whistle-blowers who reveal organizational illegal actions. b. Whistle-blowers who blow the whistle to internal authorities are protected from retaliation. Whistle-blowers who go outside of the firm can be fired, but cannot be sued for damage to the organization. c. The Sarbanes-Oxley Act protects whistle-blowers who report wrongdoing to the media, such as newspapers or television. d. Whistle-blowers, such as the Enron whistle-blower, typically report wrongdoing externally in order to punish the organization for perceived personal mistreatment.

a. It is illegal for employers to retaliate against whistle-blowers who reveal organizational illegal actions.

____ are customary methods of handling activities. a. Procedures b. Practices c. Rules d. Policies

a. Procedures

____ incorporates a sequence of steps, each becoming more stringent, that are designed to change the employee's inappropriate behavior. a. Progressive discipline b. Step-wise punishment c. Escalating discipline d. Positive discipline

a. Progressive discipline

Matt is a line supervisor at a plant that makes latex paint. After observing the production process closely, Matt designed a new type of mixer for the paint which cuts production time by one-third which will save the company $560,000 in the next year. Matt received a congratulations letter from the CEO and a coupon for a free dinner for two at a steakhouse. Matt is insulted at this meager reward and wants to take his invention and start a business of his own. Which of the following statements is TRUE? a. The company owns the patent to Matt's invention, so it is not Matt's property to use. b. Matt's invention is his intellectual property and he has the right to use the invention as he sees fit. c. Since the invention is Matt's intellectual property, the company is legally required to pay him a proportion of the dollar savings from the invention. d. Matt's legal rights to his invention depend on whether he signed a non-piracy agreement when he was hired.

a. The company owns the patent to Matt's invention, so it is not Matt's property to use.

When a major business relocated from Houston, Texas, to Bismark, North Dakota, in order to escape the annual disruption of hurricane season and to take advantage of favorable business taxes, one of the company's key specialists refused to move. She said her children were enrolled in Houston schools, her husband had a new business that was just beginning to thrive, and that she would not disrupt her family. This employee is essentially irreplaceable. a. This would be a good time to discuss a generous special employment contract for this individual. b. The company will have to replace this employee, because "cutting a deal" for her will make other employees in the company resentful that they have to disrupt their own lives, but she doesn't. c. The employer can consider the employee's refusal to move as "constructive quitting" and sue her for damages to her current projects. d. Call in the company's legal counsel to see if the employee has an enforceable implied contract to remain with the firm.

a. This would be a good time to discuss a generous special employment contract for this individual.

How have the courts treated unionized workers and employment-at-will actions? a. Unionized workers cannot pursue EAW actions as at-will employees, because they are covered by the grievance-arbitration process. b. Unionized workers can pursue EAW actions, because they have the same rights as non-union employees. c. Unionized workers cannot pursue EAW actions in right-to-work states. d. Unionized workers can only pursue EAW during the time period when the contract is under negotiation.

a. Unionized workers cannot pursue EAW actions as at-will employees, because they are covered by the grievance-arbitration process.

Procedural justice deals with which of the following questions? a. Was the decision-making process fair? b. Would the outcomes hold up in court? c. Is the way the outcomes were distributed fair? d. Would a reasonable person agree with the decision?

a. Was the decision-making process fair?

As HR director of a medical clinic, employee attendance is critical in keeping patient appointments on time. You are investigating the causes of employee absence and you have found that your clinic's experience is similar to those found in research studies. All the following findings are applicable to your clinic EXCEPT: a. absences are evenly spread over the employee population. b. the clinic employees under the most stress are more likely to be absent than employees who are experiencing few home and work problems. c. many of your employees feel entitled to a certain amount of absences. d. more than half of the absenteeism of clinic employees is due to personal or family reasons.

a. absences are evenly spread over the employee population.

For discipline to be effective it must be: a. aimed at the behavior, not at the employee personally. b. administered at a later date so that discipline is not done in the heat of the moment. c. selectively applied to the least productive employees.. d. publicly administered to facilitate vicarious learning among other employees.

a. aimed at the behavior, not at the employee personally.

The Fair and Accurate Credit Transaction Act (FACT) : a. allows employers to hire outside investigators without notifying the employee under investigation. b. prohibits employers from hiring outside investigators when investigating employee wrongdoing. c. requires employers to get permission from employees under investigation before the employer hires outside investigators. d. allows employers to hire outside investigators if the employee has access to sensitive employer data.

a. allows employers to hire outside investigators without notifying the employee under investigation.

Traditionally, formal employment contracts were negotiated mainly for: a. executives and senior managers. b. outside members of the boards of directors. c. scientific and technical staff. d. day laborers.

a. executives and senior managers.

Austin has just taken a job with Zeta Warehouses, having previously worked for 6 years for the federal Department of Transportation. Austin will find that: a. his work station and computer files will be more subject to search and monitoring than when we worked for the DOT. b. his off-duty behavior will be more protected from employer monitoring. c. most employment laws will not apply to him since he is not working for the federal government nor is Zeta Warehouses a federal contractor. d. if he blows the whistle on Zeta Warehouses' for illegal operations he will have more job protection than if he blew the whistle on irregularities at the Transportation Administration.

a. his work station and computer files will be more subject to search and monitoring than when we worked for the DOT.

Provisions stating that if the individual employee leaves the organization, existing customers and clients cannot be solicited for business for a specific period of time, are contained in a/an a. non-piracy agreement. b. non-compete covenant. c. separation agreement. d. implied contract.

a. non-piracy agreement.

In the reciprocal relationship, each right of employers and employees comes with a corresponding a. obligation. b. job.. c. duty. d. contract.

a. obligation.

An individual who is outside the normal chain of command who acts as a problem solver for management and employees is known as a/an a. organizational ombuds. b. arbitrator. c. third party neutral. d. peer review panelist.

a. organizational ombuds.

It is common practice for terminated employees to be removed from the workplace as soon as possible, either without returning to their work station or by requiring the terminated employee to clear out his/her work station under the supervision of security personnel. This policy is intended to: a. prevent violence or sabotage by the terminated employee. b. serve as vicarious (observational) learning for co-workers that certain behaviors in the workplace have serious consequences. c. satisfy legal requirements surrounding termination procedures. d. humiliate the terminated employee as part of the discipline process.

a. prevent violence or sabotage by the terminated employee.

The Federal constitutional right to protection from unreasonable search and seizure a. protects an individual only against searches and seizure by agents of the government. b. has been eliminated by the USA Patriot Act. c. protects employees from unreasonable searches and seizures by employers in the workplace. d. protects only those individuals employed in the private sector.

a. protects an individual only against searches and seizure by agents of the government.

An employee's entitlement to a minimum wage is guaranteed by federal law. Consequently, it is a: a. statutory right of the employee. b. moral obligation of the employer to the employee. c. contractual obligation of employer to employee. d. reciprocal relationship of employer and government.

a. statutory right of the employee.

Which of the following categories of employee are typically protected from firing except for just cause? a. unionized employees b. non-exempt employees c. workers who are subject to employment-at will d. salaried employees

a. unionized employees

If an employee is terminated for reasons that are illegal or improper, this is termed a. wrongful discharge. b. dysfunctional turnover. c. a violation of employment-at-will. d. a violation of due-process.

a. wrongful discharge.

Grace is an hourly bakery employee for an independently-owned doughnut shop. She has worked for the owner for two years, and she has consistently received good performance appraisals and raises. She is well-liked by the owner and her co-workers. Yesterday, the owner called Grace in and said, "I'm so sorry, Grace. My nephew, Ace, has been released from the federal penitentiary and no one will hire him. My sister is at her wits' end, and she has asked me to find him a job. I'm giving Ace your job. Here are two weeks wages in lieu of notice. Good luck. I'll be happy to write a good reference for you." Which of the following statements is TRUE? a. Grace has a strong case for constructive discharge. b. Grace is an at-will employee and she has no case against her former employer. c. Grace can sue for her job back under the "public policy" exception to employment-at-will. d. Grace has been fired for just cause.

b. Grace is an at-will employee and she has no case against her former employer.

Which of the following statements is FALSE? a. It is legal for employers to track the websites that employees access at work. b. It is legal for employers to monitor private communications on an employee's personal phone. c. It is legal for employers to block employee access to certain websites. d. It is legal for employers to monitor employee email for business purposes.

b. It is legal for employers to monitor private communications on an employee's personal phone.

Leyla has received high performance appraisals for the three years she has worked for a medium-sized insurance firm in the rural Midwest. Leyla's job involves telephone support for customers who have questions. When Leyla returned from her vacation, she had gotten three facial piercings. Leyla's supervisor informed Leyla that he did not feel this was appropriate for the workplace. Leyla replied that it was no different than some of the other workers who wore two and three earrings in each ear. The company has no appearance policy. Leyla's supervisor is asking you, the HR manager for the firm what he can do. You tell the supervisor a. Leyla's piercings are the equivalent of free speech and he cannot legally ask her to remove them. b. Leyla's job requires her to speak clearly on the phone. If her piercings cause her speech to be poorly understood, the supervisor could require Leyla to remove those piercings that interfere with her speech. c. the company has no appearance policy, so the supervisor is not restricted in the appearance rules he sets down for his employees. d. if Leyla's co-workers petition the supervisor to require Leyla to remove the piercings, he can do so on the grounds that Leyla is disrupting the workplace.

b. Leyla's job requires her to speak clearly on the phone. If her piercings cause her speech to be poorly understood, the supervisor could require Leyla to remove those piercings that interfere with her speech.

Which of the following is RECOMMENDED regarding employee records? a. Keep all medical, disciplinary, and performance reports together in a separate confidential file. b. Release employee information only with employee's consent. c. Employee files should be available to the employees themselves without restriction. d. Do not destroy any information regarding an employee's history with the firm.

b. Release employee information only with employee's consent.

You are HR director of a rural, Southwestern bank with three branches. One of the tellers, Stacy, has a weekend career in which she performs at rodeos doing daring feats of horsemanship wearing scanty outfits. She has become well-known in the area, and clients will come into the bank and wave hi to "Racy Stacy." Stacy always dresses and behaves professionally at work, but you are concerned that her sideline job is demeaning to the bank's image. a. Stacy can be disciplined because she is tarnishing the bank's image. You can require her to quit her rodeo act in order to preserve her job. b. Stacy's rodeo act is an off-work, legal activity, and it is not clear that you can discipline her. c. Banks depend on the community's trust and reliance on the honesty and probity of the bank's employees. Consequently, federal laws allow banks to control the outside work activities of employees. d. Terminating Stacy would be violation of her freedom of expression which employers cannot legally restrain either on or off the job.

b. Stacy's rodeo act is an off-work, legal activity, and it is not clear that you can discipline her.

Mary is head of accounting for a large suburban church with over 5,000 members. While Mary is on vacation in Israel, the chairman of the Board of Elders decides to search Mary's desk, her filing cabinet, her computer files, and her voice mail. This takes the chairman three days and he finds nothing of concern. Which of the following statements is TRUE? a. The church elder needed a search warrant to examine Mary's files and desk. b. The church elder needed to have a belief that Mary had violated work rules in order to conduct this search. c. The church elder needed to notify Mary that he was going to search her desk and files while she was gone. d. Religious associations are not covered by laws protecting employees from search and seizure, so the church elder has no restrictions in searching Mary's work station.

b. The church elder needed to have a belief that Mary had violated work rules in order to conduct this search.

Carlos works for a large floral company. He is expected to complete 30 flower arrangements per day according to the specifications of each customer order. Each arrangement must contain the correct number, kinds, colors, and qualities of flowers in the required arrangement style. Customer complaints about arrangements directly affect Carlos' performance appraisal. Carlos has been angry for several months. "I do my best to meet the order specifications, but the company is cutting corners on the flowers. What we receive is half-wilted, too small, or the wrong varieties." What is happening here? a. Carlos is not living up to his responsibilities at work. b. The floral company is not meeting its responsibilities to Carlos. c. The customers have a responsibility to complain to Carlos' manager in order to improve the product. d. Carlos is mistaking his employment relationship as a reciprocal one and not as financial one.

b. The floral company is not meeting its responsibilities to Carlos.

Which of the following statements is TRUE about employee handbooks? a. Employee handbooks are disappearing because of the high number of "implied contract" lawsuits which have been based on handbooks. b. The proper use of disclaimers in employee handbooks can preserve the employer's right to discharge employees with or without cause. c. If employee handbooks are used, the employer should view them as an enforceable contract with the employees. d. Language in the employee handbook should be vague enough to allow flexibility in interpretation when organizational procedures and rules are implemented.

b. The proper use of disclaimers in employee handbooks can preserve the employer's right to discharge employees with or without cause.

Angela is disturbed that the inactivity rate in her department is 10%. Which of the following statements is TRUE? a. An inactivity rate of 10% is considered within normal range.. b. This metric indicates that 10% of work time in Angela's department is lost to absenteeism. c. This metric indicates that 10% of Angela's employees are absent in any one day. d. This metric indicates that the average time lost per employee per month is 10%.

b. This metric indicates that 10% of work time in Angela's department is lost to absenteeism.

If an employee has the right to a safe working environment, the employer has: a. the right for government to enforce those rights, so that all employers in the industry have similar costs. b. an obligation to provide a safe workplace. c. the right to demand compliance with all necessary rules. d. the responsibility to compensate the employee for any workplace injury.

b. an obligation to provide a safe workplace.

Amber, a sales associate in a department store, was terminated for theft. Amber says she is innocent. She argues that because she was not allowed to explain the situation and defend herself that a. her right to arbitration was violated. b. due process was not followed. c. her statutory rights as a non-union employee were violated. d. distributive justice was ignored..

b. due process was not followed.

As Director of HR for a utility which operates three nuclear plants, you have been approached by the CEO regarding implanting Radio Frequency Identification chips into employees who have access to critical areas of the plants. With terrorism and sabotage being increasingly worrisome, the CEO thinks that this might significantly improve security in the plants and would be considered workplace monitoring. He asks your opinion. You respond that a. the main issue is balancing the financial costs of implanting the chips against the incremental improvements in security. b. implanting chips would be a potential invasion of privacy. The CEO should consult an attorney. c. legal concerns will be minimized if current employees who refuse to have chips implanted are allowed to transfer to equivalent jobs without loss of seniority. d. implanting chips in employees, even with their consent, is always illegal.

b. implanting chips would be a potential invasion of privacy. The CEO should consult an attorney.

The number of absences per 100 employees per day is called the a. inactivity rate. b. incidence rate. c. severity rate. d. time lost rate.

b. incidence rate.

Clark Kent has been hired by an HR consulting firm as an outplacement counselor. Clark will be trained in the company's copyrighted techniques and programs. As part of his employment contract, Clark must agree that if he quits or is terminated he will not work as a trainer for a rival outplacement company in a specified list of states for a period of one year. This is an example of a/an ____ clause. a. non-piracy b. non-compete c. non-solicitation d. unenforceable clause because it prevents Clark from making a living at his occupation.

b. non-compete

When managers face a choice among actions to take, ____ act as general guidelines that focus their actions. a. procedures b. policies c. practices d. programs

b. policies

Because of persistent problems with tardiness, Konrad has been through counseling and written documentation. Now he has been given a "decision day-off" to develop an action plan to solve his tardiness behavior. Konrad's employer uses a ____ discipline approach. a. pragmatic b. positive c. progressive d. no-fault

b. positive

The ____ approach to discipline builds on the philosophy that violations of procedures and rules by employees are actions that usually can be constructively corrected without penalty. a. behavior modification b. positive discipline c. progressive discipline d. problem-solving

b. positive discipline

The Polygraph Protection Act: a. allows employers to fire an employee accused of theft or other wrongdoing in the workplace if the employee refuses to take a polygraph. b. requires employees to be advised of their rights before taking a polygraph test. c. allows polygraphs to be used to screen new applicants in all but a few occupations. d. requires that law enforcement personnel be present when a polygraph is administered if the employee is accused of theft or other illegal activity.

b. requires employees to be advised of their rights before taking a polygraph test.

The Drug-Free Workplace Act of 1988 a. covers all intoxicating substances, including alcohol. b. requires government contractors to take steps to eliminate employee drug usage. c. covers on-the-job use of legal substances, but both on- and off-the-job use of illegal substances. d. applies to all private sector employers.

b. requires government contractors to take steps to eliminate employee drug usage.

An agreement in which an employee who is being terminated agrees not to sue the employer in exchange for specific benefits is called a/an a. terminal contract. b. separation agreement. c. non-enforceable contract made under duress. d. severance contract.

b. separation agreement.

Which of the following rights of regular employees of private organizations can NOT be limited by the employer? a. the right to privacy b. the right to quit c. the right to free speech d. the right of protection from unreasonable search and seizure

b. the right to quit

Which pieces of information SHOULD be filed in an employee's confidential file? a. the employee's current compensation records b. the supervisor's evaluation of the employee's promotability completed 12 months ago c. discipline records for the last 10 years d. the employee's request for medical leave for chemotherapy treatments

b. the supervisor's evaluation of the employee's promotability completed 12 months ago

As director of HR you are presenting the CEO with a proposal for an intense anti-drug and substance abuse program in your organization. This program will be fairly expensive, and you plan to stress the cost-savings from decreased substance abuse in the firm. Your arguments will include all of the following EXCEPT a. absenteeism will be lower. b. turnover will decrease. c. theft costs will decline. d. accidents will decrease

b. turnover will decrease.

You have been hired to be the first director of HR for Downtown Foodie Grocery, Inc. You are trying to persuade the president of the company to institute a formal complaint procedure. The CEO argues that if there is a complaint procedure it will just encourage employees to make numerous and unsubstantiated complaints and that morale will decline because most of the complaints will be rejected by management. Your most persuasive argument with the CEO will probably be that complaint mechanisms which are viewed by employees as fair and available for use, a. will cause trouble-making employees with unsubstantiated complaints to quit when they see they cannot manipulate the system. b. will make lawsuits by disgruntled employees less likely. c. will increase employee productivity because it will increase employee satisfaction. d. will keep employees from complaining directly to the CEO and thus save him time.

b. will make lawsuits by disgruntled employees less likely.

When Claudette was hired, her supervisor said that she had a job with the company as long as she performed well. Which of the following statements is true? a. Claudette is an at-will employee. b. The supervisor violated federal law when he made this statement. c. Claudette has an implied contract with the company. d. The supervisor's promise is non-binding because it is not documented.

c. Claudette has an implied contract with the company.

The CEO of the firm suspects that one of the scientists has been selling company secrets to a competitor. The CEO bases this suspicion on the fact that in the last year, this scientist who has previously lived a modest lifestyle has purchased a BMW convertible, significantly improved her wardrobe, and has gotten her nose fixed. The CEO has asked you to arrange for a Polygraph Exam. Reluctantly, you have brought in a polygraph expert. The researcher refuses to take the exam. a. The CEO can fire the scientist for refusing to take the polygraph. b. The CEO can fire the scientist on the basis of probable cause. c. The scientist cannot be fired for refusing to take the polygraph. d. The scientist has a case for suing the firm for illegally attempting to conduct a polygraph test.

c. The scientist cannot be fired for refusing to take the polygraph.

Paid-time off attendance programs typically result in: a. more administrative work for HR staff. b. an increase in unexcused absences. c. an increase in the overall time away from work. d. a decrease in the overall amount of absence from work

c. an increase in the overall time away from work.

In the landmark EAW case, Fortune v. National Cash Register Company, Mr. Fortune was fired shortly after winning a large order which would have earned him a big commission. The courts ruled that a. permitting NCR to fire in these circumstances was against public policy. b. the EAW doctrine gave NCR the right to downsize its workforce at will. c. by firing him, NCR violated the covenant of good faith and fair dealing. d. NCR had a right to fire Fortune in the absence of an employment contract.

c. by firing him, NCR violated the covenant of good faith and fair dealing.

Emily was selected for jury duty for a multiple-homicide trial. The jury was sequestered for three months, resulting in Emily's being unable to work for that entire time. Her employer fired her. Emily a. has no recourse because she is an at-will employee. b. can sue because this is falls under the good-faith and fair-dealing exception to employment-at-will. c. can sue because her firing was a violation of public policy. d. should have quit under the employment-at-will policy and collected unemployment compensation.

c. can sue because her firing was a violation of public policy.

Wallace is widely disliked by his co-workers, although he has a good performance record and has never had any disciplinary actions taken against him. The problems with Wallace center mainly around his lack of personal hygiene and "unrefined" manners. Wallace's supervisor has changed Wallace's job duties to include work Wallace considers demeaning. She has required him to work overtime when his co-workers have not had to do so. She has also begun reprimanding him in front of co-workers for behaviors that had previously not been mentioned. She has posted work samples on the office bulletin board under the heading "The Good, The Bad, and The Ugly" with Wallace's photo posted under "Ugly." Wallace could have a case for a. failure to follow due process. b. violation of free agency. c. constructive discharge. d. violation of public policy.

c. constructive discharge.

Sherlock is a private investigator. He and Megatherium Industries have a formal agreement that he will perform background checks on all applicants for managerial-level positions for one year, for a certain fee and within certain performance guidelines. This agreement gives Sherlock a. implied obligations. b. responsibilities without rights. c. contractual rights. d. statutory protections.

c. contractual rights.

The advantages of a "no fault" absenteeism policy include all of the following EXCEPT: a. employees must manage their own attendance. b. employers can still discipline or terminate employees with excessive absences. c. employees are able to "sell back" allowed days off that they did not use. d. supervisors and HR staff do not have to judge whether an employee's absence is excused or unexcused.

c. employees are able to "sell back" allowed days off that they did not use.

A concern with compulsory arbitration is that it may be unfair because a. only certain employees are required to sign pre-employment compulsory arbitration agreements as a condition of employment. b. sometimes only women and minorities are required to sign pre-employment compulsory arbitration agreements. c. employers often select the arbitrators rather than the employees which means the arbitrators might not be viewed as fair to employees. d. arbitrators issue written opinions in the cases, thus making public disputes which would otherwise have remained private.

c. employers often select the arbitrators rather than the employees which means the arbitrators might not be viewed as fair to employees.

All of the following are useful methods of reducing employee tardiness EXCEPT a. flexible work scheduling. b. HR policies that discipline repeated and frequently tardy employees. c. instituting a "no fault" tardiness policy. d. interview frequently tardy individuals and determine the reasons why they are late.

c. instituting a "no fault" tardiness policy

You are the director of HR at a small telemarketing company. One of your long-time employees, Arabella, has become a practitioner of "white magic." She has begun offering to give co-workers "love potions," good luck talismans, and other magical cures for their personal problems. Arabella is not selling these cures, but giving them away for free. All of Arabella's activities occur during her and her co-workers' lunch hours. Most of her co-workers find this a little eccentric, but not offensive. Some co-workers enjoy interacting with Arabella in her role as a magic practitioner. Other co-workers are upset because there is a "witch" practicing "voodoo" in their workplace. You should a. discipline Arabella because her right to free speech is not protected in the workplace if it disturbs other employees. b. test Arabella for drugs because her talk of "potions" may be a disguise for selling or using drugs in the workplace. c. make sure any investigation of or discipline of Arabella uses due process and is justified by a job-related reason. d. take no action because investigating Arabella's white magic would be an invasion of her privacy, since the practice of religion is a personal matter.

c. make sure any investigation of or discipline of Arabella uses due process and is justified by a job-related reason.

The greatest difficulty with positive discipline is that: a. employees do not take the process seriously until they reach the final warning stage. b. it keeps poor performers in the organization for a longer period of time and merely delays their inevitable termination. c. managers have to be trained to be effective counselors. d. employees view the "decision day off" as a paid holiday.

c. managers have to be trained to be effective counselors.

Which of the following employer actions would most likely be a violation of employee privacy? a. reading an employee's business e-mail and learning he was committing adultery with a client. b. recording employee phone conversations. c. placing video cameras in the employee changing room. d. monitoring employee blogs.

c. placing video cameras in the employee changing room.

Henry was expecting to be promoted to shift supervisor, but George was promoted instead. Henry felt that although he and George both had outstanding performance appraisals, he should have gotten the promotion because he was hired two years before George. Seniority should be the deciding factor in promotion decisions in Henry's point of view, and he doesn't understand why a less-senior employee should be promoted ahead of him. Henry's sense of unfairness about the promotion can be defined as a. distributive injustice. b. violation of good faith and fair dealing. c. procedural injustice. d. lack of due process.

c. procedural injustice.

Employment practices liability insurance a. has been declining in usage because of increased training of supervisors and better designed disciplinary practices. b. is priced based on the number of employees. c. requires an audit of the company's HR polices and practices. d. represents the failure of HR management to properly enforce good practices and legal behavior by management.

c. requires an audit of the company's HR polices and practices.

"Each employee of Biloxi Bend Chemicals must maintain a land-line telephone connection at home so that the organization may be more likely to contact him/her in case of emergency. This is a condition for continued employment." This is an example of a a. policy. b. procedure. c. rule. d. practice.

c. rule.

The Data Protection Act requires employers to do all the following EXCEPT a. restrict access to employee records. b. inform employees about which types of data are retained. c. store all legal data about employees "in perpetuity." d. purge employee records of outdated data.

c. store all legal data about employees "in perpetuity."

The final stage of both the progressive and the positive processes is a. a "decision day off." b. counseling. c. termination. d. mediation.

c. termination.

When terminating an employee a. the termination location should be visible by others, such as a glass-windowed office, so that violence is less likely. b. only the employee's supervisor should be present. c. the employee should be told what his final payroll and benefits status is. d. in order to counter rumors, the employee's co-workers should be told exactly why the employee was terminated.

c. the employee should be told what his final payroll and benefits status is.

In casinos, video cameras are positioned so that employees' interactions with customers are constantly recorded. For this practice to conform to proper HR procedures, it should involve all of the following EXCEPT a. employees must be notified. b. the business purposes for the surveillance must be legitimate. c. the local police must be notified of the surveillance. d. access to the videos must be strictly limited.

c. the local police must be notified of the surveillance.

Paul is a recreational user of illegal substances and does not intend to stop using them. He is graduating from high school and considering his career choices. All of the following occupations EXCEPT ____ would subject Paul to DOT drug testing. a. long-haul truck driver b. airline mechanic c. warehouse forklift operator d. licensed sailor.

c. warehouse forklift operator

One day in the stacks of the university library, Sally, a librarian, confronted Gina, another librarian, who has started dating Sally's ex-boyfriend. During the altercation, Sally pushed Gina the into a bookcart. Gina fell and broke her ankle. Sally was immediately terminated. The university has a progressive discipline process. Sally's firing a. was inappropriate and lacks due process because it violates the company discipline procedure. b. was premature. Sally should have been counseled before any other disciplinary action was taken. c. was appropriate. The progressive discipline procedure is not applied for certain serious offenses. d. may be illegal since Sally has not been allowed to give any explanation for her behavior.

c. was appropriate. The progressive discipline procedure is not applied for certain serious offenses.

Jolene is aware that one of her colleagues, Bill, is biased against Asians. Bill is a supervisor at the same level as Jolene. He has told Jolene that he has refused to hire several qualified candidates referred to him by the HR recruiter. "I'm just going to wait-out HR until HR finally sends me someone who is not a (racial epithet)." Which of the following statements is FALSE? a. Jolene is not legally obligated to blow the whistle on Bill. b. Jolene may be protected against retaliation for blowing the whistle on Bill if she works for a federal agency. c. If Jolene blows the whistle about Bill's behavior to a private party outside the firm, she may be considered disloyal to her employer. d. If Jolene blows the whistle on Bill's behavior to the EEOC, she can be disciplined or fired by her employer for not following internal procedures.

d. If Jolene blows the whistle on Bill's behavior to the EEOC, she can be disciplined or fired by her employer for not following internal procedures.

Which of the following is FALSE? a. Written dress codes are more legally prudent than implicit dress codes. b. Employers can legally refuse to hire an otherwise-qualified individual because of his/her visible tattoos. c. It may be illegal for an employer to require a female employee to wear slacks if her religion requires women to wear skirts. d. It would be legal for an employer to refuse to hire an otherwise-qualified disabled person if that person could not wear the company uniform.

d. It would be legal for an employer to refuse to hire an otherwise-qualified disabled person if that person could not wear the company uniform.

Kenneth works for a pharmaceutical company that is getting positive publicity by selling antibiotics at low cost to African nations. Kenneth has learned that these drugs are past their expiration dates and that the company has repackaged them. Kenneth has great respect for Anderson Cooper at CNN and he has contacted Cooper about this wrongdoing. Which of the following statements is true? a. The Sarbanes-Oxley Act protects Kenneth from retaliation by his employer. b. Kenneth's constitutional right to freedom of speech protects him from retaliation by his employer. c. Kenneth's employment contract includes a confidentiality agreement. This waives his legal protection as a whistle-blower. d. Sarbanes-Oxley would protect Kenneth from retaliation if he had reported the wrongdoing to his member of Congress.

d. Sarbanes-Oxley would protect Kenneth from retaliation if he had reported the wrongdoing to his member of Congress.

For U.S. government contractors, what is the major consequence of not providing employees with a drug free environment under the Drug Free Workplace Act? a. The contractor becomes liable for criminal law suits for individuals injured by impaired employees. b. The contractor will be subject to fines. c. State governments may require additional workers' compensation insurance. d. The company may lose its federal government contracts.

d. The company may lose its federal government contracts.

Employment-at-will is a common-law doctrine holding that a. an employee must provide a minimum of two weeks' notice before quitting a job. b. there are no legal restrictions preventing employers from firing any employee, as long as that employee is not covered by a union contract or an employment contract. c. employees are free agents, but employers must have just cause for termination. d. an employer has the right to hire, fire, demote, or promote whomever it chooses except as limited by law or contract.

d. an employer has the right to hire, fire, demote, or promote whomever it chooses except as limited by law or contract.

Peer review panels: a. are typically the first step in the formal complaint process. b. are made up of a group of managers and supervisors selected by top management. c. tend to find in the employee's favor over half the time. d. can reduce the likelihood of employee lawsuits.

d. can reduce the likelihood of employee lawsuits.

Pet Products International uses an outside neutral third party to make decisions in situations where there are disputes between employees and management. Pet Products requires its employees to sign a pre-employment agreement stating that all disputes will be submitted to this neutral third party. Pet Products is using a. grievance mediation. b. peer review. c. progressive discipline. d. compulsory arbitration.

d. compulsory arbitration.

People evaluate the favorability of their outcomes by comparing them with the outcomes of others, given their relative situations. This decision involves the concept of a. procedural justice. b. just treatment. c. equitable treatment. d. distributive justice.

d. distributive justice.

The concept of "just cause" for disciplinary actions or dismissal is concerned with a. statutory law. b. implicit job rights. c. due process. d. fairness.

d. fairness.

Managers may be reluctant to use discipline. Which of the following is NOT a reason for this reluctance? a. lack of support by higher management b. guilt because they committed the same actions before they became managers c. concern that discipline will harm the personal relationships they have with subordinates d. fear that discipline can harm performance

d. fear that discipline can harm performance

Chelsey is a supervisor. She tells all her subordinates that they can come speak with her any time about any problem they may have. Chelsey a. is encouraging external whistle-blowing. b. is establishing an arbitration system. c. is an ombuds in her company. d. has an open-door policy.

d. has an open-door policy.

As director of HR for a regional trucking firm, your CEO has asked you what steps need to be taken in order to place Global Positioning Devices in all the trucks in order to make sure that the truck drivers take approved routes on Interstate highways and do not take "shortcuts" on substandard roads or otherwise deviate from their routes. The CEO also wishes to install mileage and time recorders on the trucks to ensure that drivers are taking mandatory rest breaks. Your advice to the CEO includes all EXCEPT the following a. determine in advance how all the information from performance monitoring will be used. b. provide feedback to the truckers regarding their performance monitoring in order to help them improve performance. c. obtain signed consent forms from the truckers agreeing to performance monitoring. d. maintain secrecy about the monitoring from the truck drivers, otherwise they might be able to sabotage the tracking devices.

d. maintain secrecy about the monitoring from the truck drivers, otherwise they might be able to sabotage the tracking devices.

What should be the goal of counseling as a part of the positive discipline process? a. for the employee to take responsibility for his/her actions b. to allow the employee to provide mitigating reasons for his/her behavior c. to avoid law suits by employees on the basis of excessively harsh discipline d. to heighten employee awareness of organizational policies and rules

d. to heighten employee awareness of organizational policies and rules

A pharmaceutical research firm, is concerned that scientific or technical employees may take company formulas or data with them when they quit or are terminated. The firm should include a/an ____ clause in its employment contracts. a. identification b. non-compete c. non-piracy d. trade secrets

d. trade secrets

Typically, HR managers: a. review policies and rules with all employees. b. apply HR policies, rules, and procedures. c. give feedback on the effectiveness of policies and rules. d. train line managers to administer policies, rules, and procedures.

d. train line managers to administer policies, rules, and procedures.

Discipline is most constructively viewed as ____ that enforces organizational rules. a. persuasion b. negative reinforcement c. punishment d. training

d. training