Deck 17: Employee Stolkeholders and Vorkplace Jssud

Question 1

Employees have enjoyed steadily improving work conditions.

Answer 1

True

Question 2

Belief in the "good cause norm" is a primary principle underlying the doctrine of employment-at-will.

Answer 2

False

Question 3

A good way to avert whistle-blowing is for management to make a visible effort to listen and be responsive to employees' concerns.

Answer 3

True

Question 4

As a general rule,managers should assume that litigation might result from firing an employee.

Question 5

The new social contract is driven by globalization and the worldwide economic recession.

Question 6

Whistle-blowing against abuse of government by private companies is making a comeback,due to the False Claims
Act.

Question 7

Some employers are requiring that their new hires sign contracts that waive their right to sue the firm and accept mandatory arbitration to settle disputes.

Question 8

Court decisions are gradually eroding the employment-at-will doctrine.

Question 9

The concept of due process is a basis for the employment-at-will doctrine.

Question 10

The Sarbanes-Oxley Act makes whistle-blowing much easier.

Question 11

The basis of the employment-at-will doctrine is found in common law principles.

Question 12

Companies have given special consideration to employees' rights to due process only in the past thirty-five years.

Question 13

Half oftoday's workers between the ages of20 and 24 have been at their jobs for less than one year.

Question 14

Studies of whistle-blowers indicate that many are praised by their peers and managers,and often receive promotions for their actions.

Question 15

The False Claims Act is relatively new legislation,passed in response to the scandals ofEnron,WorldCom,and others.

Question 16

The trend toward using Alternative Dispute Resolution (ADR)is growing.

Question 17

One recommendation for an employee who is considering whistle-blowing is to keep quiet as long as possible.

Question 18

The success of peer review panels depends on whether the panelists are elected or appointed

Question 19

Labor unions have vigorously pursued civil liberties for employees in the workplace,but have not had much success.

Question 20

Whistle-blowing is primarily a due process issue.

Question 21

Employee rights can be based on any of the following except

A)economic grounds.
B)religious grounds.
C)legal grounds.
D)ethical grounds.

Question 22

The new free agent workers will be

A)highly educated scientists and managers.
B)more proactive about their work envirornnents.
C)more loyal to good employers than were their predecessors.
D)willing to move overseas to pursue good opportunities.

Question 23

Employer promises that they may not even know they made are called

A)inherent intentions.
B)implied contracts.
C)public policies.
D)good faith promises.

Question 24

Under the employment-at-will doctrine,the only illegal reason for firing someone is

A)fraud.
B)discrimination.
C)belonging to a union.
D)poor fmancial performance.

Question 25

The new social contract is placing on employees more responsibility for

A)planning their retirement funding.
B)career management.
C)their own successful career/job and future in the employment relationship.
D)their co-workers' advancement in the organization.

Question 26

Today's employees are looking for

A)competitive pay and benefits.
B)opportunities for professional growth.
C)recognition for their accomplishments.
D)all of these.

Question 27

If employers do not give unsatisfactory employees every reasonable opportunity to improve their performance before being fired,the company may have violated

A)the worker's right to free speech.
B)the Equal Employment Opportunity Act.
C)fair trade agreements.
D)the good faith principle.

Question 28

Enterprise rights are derived from

A)employer promises.
B)labor demands.
C)negotiated contracts.
D)the labor market.

Question 29

Employee rights are

A)encompassed in private property law.
B)guaranteed by the Constitution.
C)spelled out in labor union contracts.
D)justifiable claims that utility cannot override.

Question 30

The idea that the relationship between a worker and employer is voluntary and can be terminated at any time,by either party,is the

A)employment-at-will doctrine.
B)due process principle.
C)corporate governance system.
D)arbitrary employment doctrine.

Question 31

All the following are tme of training except

A)vital for employees.
B)keeps employees at the cutting edge in changing envirornnents.
C)it increases knowledge and skill.
D)tuition reimbursement programs.

Question 32

was protection for federal employees who expose illegal,corrupt,or wasteful government activities.

A)Employment-At-Will Doctrine
B)False Claims Act
C)Civil Service Reform Act
D)Michigan Whistle-Blowers Protection Act

Question 33

Private corporations have not had to recognize employee rights because

A)they are exempted from doing so by federal law.
B)society has honored the corporation's private property rights.
C)employees have never demanded them.
D)management has been separated from ownership.

Question 34

The new social contract is being driven by

A)the employee rights movement.
B)technology.
C)deregulation.
D)global competition.

Question 35

Workers' trust in their employers is

A)at an all-time high.
B)a reciprocal relationship.
C)based on the employee rights movement.
D)higher in small companies than in large firms.

Question 36

Which one of the following is not a difference between the old social contract and the new?

A)lifetime careers with one employer vs.fewer life careers
B)loyalty to employer vs.loyalty to self and profession
C)focus on team accomplishments vs.focus on team building
D)stable positions vs.temporary assigrnnents

Question 37

Workers' rights provided through union contracts are established

A)bylaw.
B)through collective bargaining.
C)by the employer.
D)within an overarching framework of common law.

Question 38

Rights provided by law are called

A)inherent rights.
B)statutory rights.
C)enterprise rights.
D)negotiated rights.

Question 39

The belief that employees should only be discharged for good reasons is the

A)justice as fairness principle.
B)employment-at-will doctrine.
C)good cause norm.
D)sphere of justice principle.

Question 40

The exception that protects employees from being fired because they refuse to commit crimes or take advantage of privileges to which they are entitled by law is

A)common law.
B)the employee protection principle.
C)the public policy exception.
D)the fair employment loophole.

Question 41

What forms of retaliation might be aimed at a whistle-blower?

A)not given promotion
B)cold shoulder from coworkers
C)transfer to another office
D)all of these choices

Question 42

An individual who reports to some outside party some wrongdoing that he or she knows or suspects his or her employer of committing is a(n)

A)informant.
B)corporate traitor.
C)whistle-blower.
D)muckraker.

Question 43

Which of the following is not a requirement of a due process system?

A)It must follow rules and not be arbitrary.
B)It must be well documented.
C)It must be predictably effective.
D)It must be perceived as equitable.

Question 44

Recommendations for potential whistle-blowers include all of these except

A)Identify sources of support
B)Act out of public interest rather than for personal gain
C)Maintain anonymity at all costs.
D)Think about the outcomes

Question 45

Which of the following is not an action that managers should take when terminating employees?

A)Fire employees in a private space
B)Email the employee the termination
C)Preserve the employee's dignity
D)Use transparent criteria for layoffs

Question 46

Methods of providing due process for employees outside of the legal system are called

A)arbitration.
B)mediation.
C)adjudication.
D)alternative dispute resolution.

Question 47

A process in which a neutral party resolves a dispute between two or more parties and the resolution is binding is known as

A)mediation.
B)negotiation.
C)adjudication.
D)arbitration.

Question 48

The good cause norm is the opposite of

A)the employment at will doctrine.
B)the reason for wrongful discharge.
C)the belief that employees should be discharged only for good reasons.
D)based on private property rights.

Question 49

An ombudsman

A)hears all formal employee complaints.
B)is part of the human resources department.
C)is a consultant hired by a company to chair hearing procedures.
D)investigates reported complaints and helps to achieve equitable settlements.

Question 50

The peer review panel

A)is typically well-versed in company culture.
B)is made up of senior managers from the company's headquarters.
C)is housed in the legal department.
D)is typically not well trusted within an organization.

Question 51

Which of the following is not a key element in the whistle-blowing process?

A)the act or complaint
B)the party to whorn the report is made
C)the organization against which the complaint is made
D)the law under which the complaint is lodged

Question 52

Under Sarbanes-Oxley,who bears the responsibility for investigation of complaints of the whistle-blower being terminated,harassed,or demoted?

A)local law enforcement officials
B)the FBI
C)the Labor Department
D)the Treasury Department

Question 53

All of the following are key elements that comprise the whistle-blower process except

A)the arbitrator.
B)whistle-blower.
C)the act or complaint about which the whistle-blower is concerned.
D)the organization against which the complaint is made.

Question 54

Each of the following suggestions are encouraged for free and open speech in the workplace except

A)Invite suggestions from employees
B)Actively refute assumptions and myths that discourage communication
C)Hesitate and make excuses for not implementing suggestions
D)Tailor rewards so that employees share directly in cost savings or sales increases from ideas they offer.

Question 55

One of the most used alternative dispute resolution methods is

A)the open door policy.
B)the suggestion box.
C)the complaint box.
D)employee complaint hotlines.

Question 56

Requirements of a due process system include all of the following except

A)institutionalization.
B)ease of use.
C)subject to review and appeal.
D)applicable to all employees.

Question 57

Which of the following is true about the average whistle-blower?

A)They are more highly paid than inactive observers.
B)They have lower job performance reviews than inactive observers.
C)They are less likely to hold supervisory or professional status than inactive observers.
D)They are more likely to be single than inactive observers.

Question 58

What incentives are provided to claimants under the False Claims Act?

A)immunity from prosecution
B)15 to 25 percent of the proceeds from any settlement joined by the government
C)guaranteed reinstatement and double back pay
D)witness protection program

Question 59

The right to receive an impartial review of one's complaints and to be dealt with fairly is known as

A)the right to a fair and speedy trial.
B)the right to trial by a jury of one's peers.
C)good faith bargaining.
D)due process.

Question 60

An alternative dispute resolution method that allows the employee to be represented by an attorney in front of a neutral company executive is called

A)mediation.
B)arbitration.
C)a hearing procedure.
D)trial by fire.

Question 61

Describe the range of duties covered by due process.

Question 62

Is the employment-at-will doctrine fair to both employer and employee?

Question 63

Explain why the private sector has historically not had to observe individuals' rights.

Question 64

Legal challenges to the employment-at-will doctrine include all the following except

A)public policy exceptions.
B)contractual actions.
C)firing exceptions.
D)breach of good faith actions.

Question 65

Discuss the shortcomings of the whistle-blower portion of the Sarbanes-Oxley Act.

Question 66

To whom does an employee owe a duty? How does your answer affect the whistle-blowing process?

Question 67

Watch one of the movies listed in Figure 17.5.Describe some of the difficulties the whistle-blower encountered as a result of his or her actions.

Question 68

Using the authors' defmition of whistle-blowing,the complaint must be lodged with some party outside the organization in question.By this defmition,the actions of Sherron Watkins at Enron,Colleen Riley at the FBI,and Cynthia Cooper at WorldCom would not be considered whistle-blowing.Does the complainant have to report to an
outside party for the action to qualify as whistle-blowing? Why or why not?

Question 69

What are the impacts of a global economic recession on employee loyalty?

Question 70

Does an employee maintain her civil rights when she is at work? If so,how are they prioritized relative to other rights and duties at work?

Question 71

Evaluate the differences between the old and new social contracts between employer and employee.Does one
seem more fair than the other? If so,why?

Question 72

Why does employee loyalty remain important under the new social contract? Why is it important?

Question 73

What advice would you give to management faced with a potential whistle-blowing situation? What should management do,and not do?

Question 74

Contrast the roles of ombudsman and human resource manager.

Question 75

Courts have interpreted some communications from employer to employee as implied contracts,even though the employer did not intend them as contracts.Evaluate the reasonableness of the courts' interpretations.