SHRM-CP - EMPLOYEE RIGHTS & DISCIPLINE

18) An employer can avoid a case of wrongful discharge by following all of the following steps EXCEPT 132 A. providing accurate performance appraisals for all employees. B. maintaining written records of 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.

22) The concept of "just cause" for disciplinary actions or dismissal is based on A. statutory law. B. implicit job rights. C. due process. D. fairness.

D. fairness.

13) 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 would cut production time by one-third which will save the company $560,000 in the next three years. Matt received a congratulations letter from the CEO and a bonus of $1,000) Now Matt is angry and wants to take his invention and start a business of his own. A. The company owns the copyright 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 only needs to offer his employer the first opportunity to use his invention, then Matt can market it elsewhere.

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

19) 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. 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.

26) 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?

23) Which of the following would be a criterion for determination of just cause for disciplinary action? A. Was the employee warned of the consequences of the conduct? B. What is the employee's race, sex, or national origin? C. Is the employee an hourly employee or a salaried employee? D. What was the performance and discipline record of this employee?

A. Was the employee warned of the consequences of the conduct?

81) For discipline to be effective it must be 139 A. aimed at the behavior, not at the employee personally. B. administered at a later date after tempers have cooled. C. selectively applied. D. publicly administered to "set an example."

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

55) 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 notify employees under investigation if the employer has hired outside investigators. D. allows employers to hire outside investigators if the employee under investigation is notified and gives permission

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

71) The disciplinary system can be viewed as an application of _________ for problem or unproductive employees. A. behavior modification B. punishment C. negative rewards D. a public rebuke

A. behavior modification

34) Alternative dispute resolution procedures include all of the following EXCEPT A. due process. B. peer review panels. C. arbitration. D. ombudspersons.

A. due process.

40) George has just taken a job with Alpha Warehouses, having previously worked for 6 years for the state Transportation Administration. George will find that A. he will have less access to his personnel files now that he works in the private sector. B. he will have more rights to privacy working for the private sector. C. most employment laws will not apply to him since he is not working for the federal government nor is Alpha Warehouses a federal contractor. D. if he blows the whistle on Alpha Warehouses' illegal operations he will have more job protection than if he blew the whistle on irregularities at the TSA.

A. he will have less access to his personnel files now that he works in the private sector.

82) The goal of discipline is to A. improve performance. B. eliminate problem employees. C. raise employee morale. D. maintain respect for management.

A. improve performance.

11) Provisions stating that if the individual leaves the organization, existing customers and clients cannot be solicited for business for a specific period of time, are contained in a(n) A. non-piracy agreement. B. non-compete covenant. C. separation agreement. D. implied contract.

A. non-piracy agreement.

36) An organizational employee who is outside the normal chain of command who acts as a problem solver for management and employees is known as a/an _______ 134 A. organizational ombuds. B. arbitrator. C. third party neutral. D. peer review panelist

A. organizational ombuds.

87) It is now common practice for terminated employees to be removed from the workplace as soon as possible either without returning to their work station or by quickly clearing out their work station under the supervision of security personnel or supervisor. This policy is intended to A. prevent violence or sabotage. B. serve as vicarious (observational) learning for coworkers that certain behaviors in the workplace have serious consequences. C. make lawsuits of wrongful termination less likely. D. humiliate the terminated employee as part of the discipline process.

A. prevent violence or sabotage.

50) The Federal constitutional right to protection from unreasonable search and seizure A. protects an individual only against the activities 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 the activities of the government.

3) In a reciprocal relationship, each right comes with a A. responsibility. B. tradition. C. law. D. contract

A. responsibility.

53) The best practice is to use background checks when A. screening applicants. B. the employee has been accused of theft. C. the employee exhibits strange behavior. D. terminating employees.

A. screening applicants.

7) An employee's right 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. C. contractual obligation of employer to employee. D. reciprocal relationship of employer and employee.

A. statutory right of the employee.

94) The most widely-used approach to controlling absenteeism is: A. the disciplinary approach. B. the "no-fault" policy. C. paid time off (PTO) programs. D. positive reinforcement.

A. the disciplinary approach.

67) 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 managers to administer policies, rules, and procedures.

D. train managers to administer policies, rules, and procedures.

46) Individuals who report real or perceived wrongdoing committed by their employers are termed A. stool-pigeons. B. public watchdogs. C. Naderites. D. whistle-blowers.

D. whistle-blowers.

62) You are HR director of a rural, Midwestern bank with three branches. One of the tellers, Stacy, has developed an act she puts on at local rodeos where she performs daring feats of horsemanship wearing very 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 behaves professionally at work, but you are concerned that her sideline 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. If you discipline Stacy, you will reassure other bank employees that proper procedures have been followed.

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

48) Which of the following is NOT a recommended part of an e-mail and voice mail policy? A. Employee use of e-mail and voice mail is restricted and subject to employer review. B. The employer may search e-mail or voice mail upon 24-hour notice to the employee. C. All computer passwords and codes must be available to the employer. D. E-mail and voice mail are for business use only.

B. The employer may search e-mail or voice mail upon 24-hour notice to the employee.

4) Carlos works for a large floral company. He is expected to complete 30 flower arrangements per day to meet the specifications of customer orders. 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 mix of types." 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 floral company has the right for Carlos not to be critical of his working materials. 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.

49) Mary is head of accounting for a large suburban church with over 5,000 members. While Mary is on vacation in the Holy Land, the pastor decides to search Mary's desk, her paper files, and her computer files. This takes him three days and he finds nothing of concern. Which of the following statements is TRUE? A. The pastor needed a search warrant to examine Mary's files and desk. B. The pastor needed to have a belief that Mary had violated work rules in order to conduct this search. C. The pastor needed to notify Mary that he was going to search her desk and files while she was gone. D. The pastor's search is legal under the USA Patriot Act because Mary's maiden name is Middle Eastern and she has relatives living there.

B. The pastor needed to have a belief that Mary had violated work rules in order to conduct this search.

68) Which of the following statements is TRUE about employee handbooks? A. Employee handbooks of today are much shorter than those of the past because of the possibility of creating an implied employee contract. B. The proper use of disclaimers in employee handbooks can preserve the employer's right to discharge employees with or without cause. C. Employers should make sure that the handbook is written in legalistic and sophisticated language, so that interpretation of the policies is exactly as intended. D. Distribution of the employee handbook over electronic media makes it too vulnerable to copying by competitors.

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

5) If an employee has the right to a safe working environment, the employer has A. the right to expect the employee to assist in providing it. 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.

1) Many complaints have reached the director of HR at Clarion Services regarding employees using the company computers for personal e-mail and websurfing. The problem even extends to managers and professional staff accessing the web for personal use. Since the managers often work 10 to 12 hours a day, and eat lunch at their desks, they have little time away from work to handle personal business. The HR director should A. ban all personal use of computers for any reason. Computers are the business's property and should only be used for business purposes. B. develop a policy to track personal use of computers and have the employees sign off on it. C. allow unrestricted computer use as long as the employee's performance is satisfactory. D. not restrict use of email because of employee free speech rights. But the director can install software to make it difficult for employees to access unsuitable websites.

B. develop a policy to track personal use of computers and have the employees sign off on it.

41) The following files should be contained in the employee's confidential file A. documents older than five years. B. documents assessing the employee's promotability. C. current information on employee's address, next of kin, and emergency contact information. D. private medical related information.

B. documents assessing the employee's promotability.

24) Amber, a sales associate in a department store, was terminated for theft. Amber says she is innocent and that since she was not allowed to explain the situation and defend herself that _______ was violated A. progressive discipline B. due process C. just cause D. employment-at-will

B. due process

69) An example of upward communication in an organization is/are A. organizational newsletters. B. electronic message boards. C. the employee handbook. D. e-mail announcements.

B. electronic message boards.

32) Research has shown that \ A. employees who file grievances usually have observed the workplace mistreatment rather than having experienced it themselves. B. employees who experience workplace mistreatment tend to quit. C. employees who file grievances have already withdrawn themselves psychologically from the workplace. D. typically grievances are filed over workplace mistreatment that exists only in the employee's own perception

B. employees who experience workplace mistreatment tend to quit.

12) Clark has been hired by a consulting firm to do risk analysis. His employment contract specifies that if Clark quits his job, he cannot work as a risk analyst for a period of six months. This is an example of a A. non-piracy. B. non-compete. C. non-solicitation. D. non-employment.

B. non-compete.

63) Where there is a choice among actions, act as general guidelines that focus organizational actions. A. procedures B. policies C. practices D. HR recommendations

B. policies

76) Because of persistent problems with tardiness, Paul 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. Paul's employer uses a _______ discipline approach. A. pragmatic B. positive C. progressive D. punitive

B. positive

74) The ________ approach builds on the philosophy that violations 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

54) 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.

57) 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.

88) 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. employment contract. B. separation agreement. C. employment-at-will understanding. D. reciprocal agreement.

B. separation agreement.

56) 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.

30) You have been hired to be the first director of HR for Downtown Foods, 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 that employees view 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. C. will increase employee productivity because it will increase employee satisfaction. B. will make lawsuits by disgruntled employees less likely. D. will keep employees from complaining directly to the CEO and thus save him the aggravation of dealing with them.

B. will make lawsuits by disgruntled employees less likely.

44) 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 talking to co-workers, offering to give them "love potions," good luck talismans, or other magical cures for their personal problems. Arabella is not selling these cures, but giving them away for free. Most of her co-workers find this a little eccentric, but not offensive. Other co-workers are upset because there is a "witch" in their workplace. You should A. discipline Arabella because her right to free speech is not protected in the workplace. 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 or discipline of Arabella follows company policies and due process. 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 or discipline of Arabella follows company policies and due process.

77) The greatest difficulty with positive discipline is that A. employees don't take it 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 will commit transgressions just in order to receive the "decision day off" as a holiday

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

28) 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, Henry should have gotten the promotion because he was hired six months before George. Seniority should be the deciding factor in Henry's point of view. 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.

97) The concept of ______ focuses on the question, "Was the decision-making process fair?" A. arbitration B. distributive justice C. procedural justice D. constructive discharge

C. procedural justice

39) The European Union Data Protection Directive A. only affects countries headquartered in the EU. B. bans the collection of data on employees. C. requires employers to notify employees why data on them is being collected D. is the model for the U.S. Employee Data Protection Act.

C. requires employers to notify employees why data on them is being collected

15) 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 the firm's practices to be investigated as well as its internal history of employee complaints and charges. D. is a demonstration of the failure of HR management.

C. requires the firm's practices to be investigated as well as its internal history of employee complaints and charges.

66) "Specific guidelines that regulate and restrict the behavior of individuals" is a definition of A. policies. B. procedures. C. rules. D. practices.

C. rules.

72) The best discipline is A. administered in public. B. administered off-the-job. C. self discipline. D. positive reinforcement.

C. self discipline.

83) The final stage in the discipline process is A. "decision day off." B. counseling. C. termination. D. mediation.

C. termination.

60) 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 before new, complicated equipment is installed D. testing after accidents

C. testing before new, complicated equipment is installed

61) Paul's supervisor has seen Paul using illegal substances off the job. She wants to fire Paul, and 137 she comes to you, the HR director, for advice. You advise her A. to tell Paul he has been randomly selected for a drug test, and send him for screening. She can take disciplinary action if he tests positive. B. that she must first tell Paul that she is aware of his drug usage and that she is giving him fair warning that there will be consequences for his job if he continues. C. that she must document whether Paul's performance on the job has declined below acceptable levels. D. that she can fire Paul because illegal drug use is against company policy, and Paul is aware of the policy and its consequences.

C. that she must document whether Paul's performance on the job has declined below acceptable levels.

52) In casinos, video cameras are positioned so that employees' interactions with customers are constantly recorded. For this practice to conform to 136 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. those who can view the videos must be strictly limited

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

27) For unionized employees, due process usually refers to A. protection from arbitrary actions by management. B. a right to participate in union activities. C. the right to use the grievance procedure specified in the union contract. D. the right to sue both the union and management for wrongful discharge.

C. the right to use the grievance procedure specified in the union contract.

59) Paul is a recreational user of soft, illegal drugs and does not intend to stop using them. He is graduating from college and considering his career choices. He has learned that the U.S. Department of Transportation requires regular drug testing for certain occupations. 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. pipeline construction worker

C. warehouse forklift operator

79) Paul was found intoxicated from illegal drug use at work. He was immediately terminated. The company has a progressive discipline process. Paul's firing A. was inappropriate because it violates the company discipline procedure. B. was premature. He should have been counseled first. C. was appropriate. The progressive discipline procedure is not applied for certain serious offenses. D. may be illegal if Paul used the drugs off-work and was only slightly intoxicated when he reported to work.

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

51) 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 exact methods of monitoring from the truck drivers, otherwise they will sabotage the tracking devices.

D. maintain secrecy about the exact methods of monitoring from the truck drivers, otherwise they will sabotage the tracking devices.

90) Where there is a choice among actions, ______ act as general guidelines that focus organizational actions. A. HR recommendations B. practices C. procedures D. policies

D. policies

98) The U.S. Constitution protects ______ in the areas of due process, search and seizure, and privacy at work. A. private-sector employees B. government contractors C. all employees working in the United States D. public-sector employees

D. public-sector employees

6) The _______ nature of rights and responsibilities suggests that both parties to an employment relationship should regard the other as having equal rights and should treat the other with respect. A. adversarial B. contractual C. legal D. reciprocal

D. reciprocal

75) What should be the goal of counseling as a part of the discipline process? A. to use penalties to discourage undesirable behavior. B. to reinforce organizational procedures and rules C. to avoid law suits D. to heighten employee awareness of organizational policies and rules.

D. to heighten employee awareness of organizational policies and rules.

100) While there is no law that prevents discrimination based on off-duty behavior, the general litmus test applied to an employee's off-the-job behavior is: A. whether the behavior is witnessed by a member of management. B. whether management receives a complaint on the behavior from employees or customers. C. whether the behavior is considered to be irresponsible on the part of the employee. D. whether the behavior puts the company in legal or financial jeopardy.

D. whether the behavior puts the company in legal or financial jeopardy.

9) Traditionally formal employment contracts were negotiated mainly for 131 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.

95) Recognition programs are unlikely to work: A. when used as substitutes for pay. B. when only monetary rewards are given. C. when tangible and intangible rewards are used in combination. D. when the awards are given for performance that was not above average

A. when used as substitutes for pay.

73) HR managers A. make disciplinary decisions. B. notify employees who violate rules and policies. C. design progressive discipline processes. D. discuss discipline follow-up with employees.

C. design progressive discipline processes.

85) 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. discussion should remain factually-based and non-emotional despite the employee's reaction. D. in order to counter rumors, the employee's coworkers should be told why the employee was terminated

C. discussion should remain factually-based and non-emotional despite the employee's reaction.

93) Job dissatisfaction occurs when: A. there are unsafe working conditions. B. there are low compensation packages. C. employee expectations are not met. D. there is little opportunity for advancement.

C. employee expectations are not met.

35) A concern with compulsory arbitration is that it may be unfair because A. only certain employees are required to sign preemployment 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 select the arbitrators rather than the employees. D. arbitrators issue written opinions in the cases, thus revealing disputes which would otherwise have remained private.

C. employers select the arbitrators rather than the employees.

43) 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.

31) Which of the following is not a common alternative dispute resolution method? A. arbitration B. HR review board C. peer review panel D. ombudsman

B. HR review board

38) Which of the following rights of U.S. citizens is NOT limited in the workplace? A. freedom of speech B. protection against unreasonable search and seizure C. freedom from discrimination D. due process

C. freedom from discrimination

29) Martha is a supervisor at Corinth Laboratories. She tells all her subordinates that they can come speak with her any time about any problem they may have. Martha A. is encouraging external whistle-blowing. B. misunderstands the requirements of due process. C. is an ombudsperson in her company. D. has an open-door policy.

D. has an open-door policy.

84) Which of the following statements is TRUE about the message of the "hot stove rule?" Good discipline is like a hot stove in that it is A. unanticipated B. severe and memorable. C. personal. D. immediate.

D. immediate.

45) A whistle-blower caused the downfall of the mighty Enron Corporation. Which of the following statements is TRUE? A. Courts have protected whistle-blowers from retaliation by their employers. B. Whistle-blowers who blow the whistle to internal authorities are protected from retaliation, but 135 whistle-blowers who go outside of the firm can be fired, but cannot be sued for damage to the organization. C. The whistle-blower at Enron was protected by the Comprehensive Whistle-blower Protection Act. D. Whistle-blowers such as the Enron whistleblower typically report wrongdoing externally in order to punish the organization for perceived personal mistreatment.

A. Courts have protected whistle-blowers from retaliation by their employers.

99) Which of the following would most likely be a factor that constitutes constructive discharge? A. Failure to provide work for the employee to do. B. Work that is considered intellectually challenging. C. Working conditions that expose workers to outdoor conditions. D. Subjecting an employee to progressive disciplinary action

A. Failure to provide work for the employee to do.

65) _______ are customary methods of handling activities. A. Procedures B. Practices C. Rules D. Policies

A. Procedures

78) _______ 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. Behavior modification D. Positive discipline

A. Progressive discipline

14) 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. D. The supervisor's promise is non-binding because it is not documented

C. Claudette has an implied contract.

21) _______ occurs when an employer deliberately makes conditions intolerable in an attempt to get an employee to quit. A. Employment harassment B. Forced resignation C. Constructive discharge D. Just-cause dismissal

C. Constructive discharge

20) In the landmark EAW case, Fortune v. National Cash Register Company, 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.

89) 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.

92) ______ bar formers employees from soliciting business from former customers for a specified period of time. 140 A. Non-compete agreements B. Non-piracy agreements C. Trade secret agreements D. Employment contracts

B. Non-piracy agreements

96) If an employee is terminated because she/he refused to commit perjury, the employee can sue their employer based on which of the following exceptions to EAW doctrine? A. Implied contract B. Public policy C. Good faith D. Wrongful discharge

B. Public policy

42) 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 managers 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.

17) Emily was selected for jury duty for a murder 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 sex discrimination, and statutory law supersedes employment-at-will. C. can sue because her firing was a violation of public policy since citizens must be able to serve as jurors. 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 since citizens must be able to serve as jurors.

8) Tamara is a private investigator. She and Mega Industries have agreed that she will perform background checks on all applicants for manageriallevel positions for one year, for a certain fee and within certain performance guidelines. This agreement gives Tamara A. implied obligations. B. responsibilities without rights. C. contractual rights. D. employment-at-will rights.

C. contractual rights.

47) David is an engineer who considers himself a humorist and a "modern-day Mark Twain." As a hobby, he collects humorous e-mails from friends throughout the world using his computer at work. Much of this collection is composed of jokes regarding the president, religious leaders, and women. 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, and all activity takes place during non-work times. 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.

64) _______ are general in nature, while are specific to the situation. A. Procedures and rules; policies B. Procedures; rules and regulations C. Rules; policies and procedures D. Policies; procedures and rules

D. Policies; procedures and rules

2) _______ belong to a person by law, nature, or tradition. A. Responsibilities B. Duties C. Lifestyle choices D. Rights

D. Rights

58) For U.S. government contractors, what is the major consequence of not providing employees with a drug free environment? A. The contractor becomes liable for criminal law suits. B. The contractor is liable for civil law suits by employees concerned about personal security. C. State governments may require additional workers' compensation insurance. D. The company may lose its government contracts.

D. The company may lose its government contracts.

91) The difference between contractual rights and statutory rights is that contractual rights are based on ______, while statutory rights are based on ______. A. state laws; a contract B. federal laws; state laws C. a contract with the federal government; a contract with state government. D. a contract with an employee; laws or statutes

D. a contract with an employee; laws or statutes

70) Discipline is _________ that enforces organizational rules. A. an outcome B. negative reinforcement C. punishment D. a form of training

D. a form of training

37) 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.

86) If a terminated employee calls a former coworker at work, the former co-worker should A. hang up and call security. B. route the call to the supervisor. C. refer the caller to the HR department. D. carry on a calm conversation that is ended as soon as possible.

D. carry on a calm conversation that is ended as soon as possible.

33) 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 their 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.

25) People decide 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

16) Employment-at-will is a common-law doctrine stating that an A. employee must provide a minimum of two weeks' notice before quitting a job. B. employer can fire whomever it pleases, for any reason or for no reason. C. employee can resign at will, but employers must have just cause for termination. D. employer has the right to hire, fire, demote, or promote whomever it chooses, unless there is a law or contract to the contrary.

D. employer has the right to hire, fire, demote, or promote whomever it chooses, unless there is a law or contract to the contrary.

10) Provisions stating that if the individual leaves the organization intellectual property and trade secrets remain with the firm, are contained in a(n) A. non-compete agreement. B. contractual right. C. separation agreement. D. employment contract.

D. employment contract.

80) 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 about lawsuits D. fear that discipline can harm performance

D. fear that discipline can harm performance