MHR 461: Ch. 15

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:T/F: An at-will employee may be fired for leaving work to report for jury duty.

False

T/F: A public policy exception to employment at-will gives the employee the right to sue for wrongful discharge. Such suits are quite common.

False

T/F: Anti-raiding covenants are when one company contracts with another company not to raid it in an effort to hire away any of its employees.

False

T/F: Employers may give employees a drug test only if they are offered employment, not before.

False

T/F: Public policy exceptions to the at-will employment rule are common bases for suits by employees wrongfully dismissed.

False

T/F: Substance abuse policies put in place by employers are strictly an internal company concern, and are not affected by state or federal legal laws.

False

T/F: The U.S. Chamber of Commerce found that workers who are substance abusers are no more likely that any other worker to suffer an injury or to cause one.

False

T/F: A major concern of businesses about substance abuse is that it leads to higher medical insurance costs.

True

T/F: Certain contracts as a part of the employment relationship are held to violate public policy.

True

T/F: Employment-at-will means that, unless a contract holds otherwise, employers are free to fire workers at any time for any reason and employees are free to quit their jobs at any time for any reason.

True

T/F: Exculpatory agreements as part of the employment process are generally held in disfavor by the courts.

True

T/F: If an at-will employee is fired for reporting for jury duty, the termination may be in violation of public policy.

True

T/F: If an employee fails a drug test, giving the employee a second test is generally good policy.

True

T/F: In most states, an employee may not be terminated at-will for refusing to commit an illegal act.

True

T/F: Noncompete agreements are when an employer has employees sign agreements not to compete with the employer in the future.

True

T/F: Occupational licensing requires permission from a regulating agency to operate certain businesses.

True

T/F: State laws vary in how they resolve various drug-related employment issues.

True

T/F: The Occupational Safety and Health Act requires employers to follow health and safety standards issued by OSHA.

True

T/F: The whistle-blower exception to at-will employment status is more common for government workers.

True

T/F: Under federal law, airline pilots must be tested for drug and alcohol use by their employers.

True

A typical disability income, up to a state-imposed weekly maximum, is about: a. two thirds of a worker's gross wages b. one third of a worker's gross wages c. half of a worker's gross wages d. less than half of a worker's gross wages e. the equivalent of a worker's gross wages

a.

Besides contractual agreements that place limits on the employment relationship, there are ____ that have arisen over the years. a. public policy exceptions b. common law exceptions c. Supreme Court exceptions d. verbal exceptions e. none of the other choices are correct

a.

Many workers' compensation systems are running out of money due to: a. too many lifetime payment awards being given to workers who are not actually permanently disabled b. too many awards being given to young workers c. premiums decreasing d. federal regulations requiring higher payments to injured workers e. none of the other choices are correct

a.

Workers' compensation law: a. gives an employer immunity from employee tort suits arising from on-the-job accidents b. applies only to accidents that conform to a specific set of work-related injuries c. holds employees responsible for reimbursing employers for the cost of injuries for which employees are at fault d. is a federal program that is mandatory for nearly all workers e. all of the other choices

a.

An employee who reports an employer's illegal action in order to help law enforcement is ____ to be protected by the whistle blower exception than an employee who reports an employer's illegal action for private gain. a. less likely b. more likely c. just as likely d. more likely in southern states, but less likely in northern states e. none of the other choices are correct

b.

The Family and Medical Leave Act gives employees the right to take: a. 12 weeks of paid leave per year for health and family-related reasons b. 12 weeks of unpaid leave per year for health and family-related reasons c. 6 weeks of paid leave per year for health and family-related reasons d. 6 weeks of unpaid leave per year for health and family-related reasons e. 2 weeks paid leave per year for health and family-related reasons

b.

The whistle blower exception to at will employment is most likely to apply to: a. private sector employees b. public sector employees c. private and public sector employees equally d. small business owners e. none of the other choices are correct

b.

Exceptions to the presumption of at-will employment come from: a. courts b. legislation c. both courts and legislation d. the Vice President e. the Chamber of Commerce

c.

Which of the following is not a benefit category of workers' compensation: a. medical expenses b. total disability c. punitive damages for gross injury d. temporary partial disability e. all of the other specific choices are benefits categories

c.

Drug agents employed by the federal government are: a. not required to participate in drug-testing programs b. only required to participate in drug-testing programs if they have a criminal history c. only required to participate in drug-testing programs if they receive a promotion d. required to participate in drug-testing programs e. none of the other choices are correct

d.

The Family and Medical Leave Act does not apply to: a. key employees b. small employers with less than 50 employees c. new employees d. all of the other specific choices e. none of the other choices

d.

Which of the following are public-policy exceptions recognized by most states as limits to the employment-at-will doctrine allowing termination of employees? a. calling authorities to report suspicious activities at the place of employment b. performing a public duty (reporting for jury duty) c. exercising a right (filing for workers' compensation) d. performing a public duty (reporting for jury duty) and exercising a right (filing for workers' compensation) e. calling authorities to report suspicious activities at the place of employment and performing a public duty (reporting for jury duty) and exercising a right (filing for workers' compensation)

d.

Which of the following is not an objective of the workers' compensation law? a. to provide reasonable income and medical benefits for work-related accident victims, regardless of fault b. to provide a remedy that reduces court costs and time delays associated with personal injury litigation c. to prevent charity from being the only source of help for the victims of industrial accidents d. to encourage the use of the federal court system to resolve the rights of injured employees e. to encourage employer interest in safety and rehabilitation of workers through an insurance scheme that bases rates on the experience rating of the employer

d.

Which of the following problems suffered by a worker would not be eligible for coverage by workers' compensation: a. being beaten by a worker at work who went insane and attacked people b. falling down drunk at an office party and suffering an injury c. suffering an injury when falling out of a chair at work when falling asleep on duty d. all of the specific choices would be covered e. none of the specific choices would be covered

d.

Which of the following workers would not be covered by the FMLA: a. an employee who is among the 50 percent highest paid b. an employee who had only been employed for 18 months c. an employee who had worked fewer than 2,000 hours in the past year d. an employee who had not worked at all for at least a year e. all of the other specific choices are correct

d.

Wrongful discharge is a: a. felony b. minor misdemeanor c. major misdemeanor d. tort e. civil crime

d.

For an employee to have a claim under workers' compensation, the employee must show: a. she received a personal injury b. she received an injury as a result of an accident c. the negligence of the employer caused the accident d. she received a personal injury and the negligence of the employer caused the accident e. she received a personal injury as a result of an accident at work

e.

The benefits of workers' compensation do not cover: a. death expenses b. permanent partial disability c. temporary total disability d. temporary partial disability e. all of the other choices are covered

e.

When an employee reports an employer's illegal act it is referred to as: a. defamation b. horn blowing c. tattle-tailing d. whistle calling e. none of the other choices are correct

e.

When an employer fires an employee in violation of a public policy exception to the presumption of at-will employment, the employee may sue for: a. defamation b. misrepresentation c. false firing d. tortuous employment e. none of the other choices

e.

Which of the following is not an example of a public policy exception to employment at will: a. agreeing to commit an illegal act b. refusing to perform an important public duty, such as jury duty c. disloyalty toward the public image of the employer d. deciding not to exercise a public right, such as applying for compensation benefits e. all of the other choices are correct

e.


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