Deck 14: Respecting Employee Rights and Managing Discipline

Question 1

The Privacy Act of 1974:

A) protects all employees' electronic communication as private communication.
B) permits employers to review any business-related electronic communications.
C) prohibits government investigation into social networking sites.
D) permits federal employees to review their personnel files.

Answer 1

D

Question 2

The rights given workers by federal laws are known as:

A) employee rights.
B) statutory rights.
C) contractual rights.
D) residual rights.

Answer 2

B

Question 3

Safe working conditions are categorized as:

A) residual employee rights.
B) contractual rights.
C) management rights.
D) statutory rights.

Answer 3

D

Question 4

An employee's right to privacy is best described as:

A) a guaranteed right.
B) implied in the Constitution.
C) explicitly stated in the Constitution.
D) protected with private employers but not public employers.

Question 5

About ________ of the U.S.labor force is covered by union contracts.

A) 6%
B) 12%
C) 24%
D) 36%

Question 6

An employment contract explains the terms of employment relationship for both employee and employer.Employment contracts:

A) are regulated by Title VII of the Civil Rights Act.
B) cover a very small percentage of the workforce.
C) are always negotiated individually.
D) waive employee rights to due process.

Question 7

Which of the following is NOT an employee right that employers must consider?

A) Employment contracts
B) Safe working conditions
C) Unlimited free speech
D) Ethical treatment

Question 8

In order to create a climate of ethical behavior and fairness in a company,managers and supervisors should do all of the following EXCEPT:

A) ensure that employees are treated equitably.
B) adhere to clear standards that are seen as just and reasonable.
C) tell white lies to minimize competition between co-workers.
D) take actions to develop trust between themselves and employees.

Question 9

Hastings is the manager of an insulation manufacturing company.In order to determine the measures he will need to take in order to provide his employees with a safe working environment,he should most likely consult the:

A) Department of Labor.
B) National Labor Relations Board.
C) Equal Employment Opportunity Commission.
D) Occupational Safety and Health Administration.

Question 10

During an interview,the hiring manager tells the job candidate,"You'll always have a job here." That statement most likely constitutes a(n):

A) employment-at-will statement.
B) granting of residual rights.
C) psychological contract.
D) implied contract.

Question 11

Which of the following is NOT addressed in most employment contracts?

A) Employee compensation
B) Duration of employment
C) Specific working conditions
D) Protection from discrimination

Question 12

Which of the following is most likely an example of the ethical treatment of employees?

A) Requiring significant stretching of an employees' abilities
B) Refusing to hire family members and friends at an organization
C) Sharing confidential employee information with upper management
D) Avoiding disproportionate praise or censure for employee performance

Question 13

As a first-line supervisor in a plant,Gerald has questions about the legal requirements regarding safety procedures in the plant.This is covered under:

A) the National Labor Relations Act.
B) the employees' contractual rights.
C) Title VII of the Civil Rights Act.
D) the Occupational Safety and Health Act.

Question 14

Carine's position at FireWall was terminated when she refused to participate in office theft for her supervisor.This is most likely an example of:

A) whistleblowing.
B) due process.
C) employment at will.
D) wrongful discharge.

Question 15

Which of the following is true about employee privacy rights?

A) Private employers are not as limited in their ability to invade employees' privacy as are governmental employers.
B) The Crime Control and Safe Streets Act permits employers to listen in on employee phone conversations at work.
C) The Privacy Act of 1974 extends an almost absolute right to privacy to all employees.
D) The right to privacy is a constitutional right.

Question 16

An employee's expectation of fair and ethical treatment,in return for providing fair and reasonable amounts of work with a certain degree of quality,is called:

A) an implied contract.
B) a psychological contract.
C) residual rights.
D) contractual rights.

Question 17

Frank,a union member,is discharged by his employer for gross misconduct.When Frank appeals the decision to his union,he is most likely seeking:

A) due process.
B) residual rights.
C) statutory rights.
D) workers' compensation.

Question 18

Which of the following is a true statement about the differences between the protection of government versus non-government employees' rights?

A) Government employees may have their personal work space searched without reasonable cause, but non-government workers are protected from this type of activity.
B) Government employees may not copy or correct the information in their personal files, but non-government employees may.
C) Government workers' right to free speech is protected more fully than that of non-government employees.
D) There are no differences in the protection of workers' rights.

Question 19

In the employment relationship,HR should help define the rights of employees and employers in all of the following ways EXCEPT by:

A) developing employment policies.
B) eliminating the need for lawyers.
C) serving as an employee advocate.
D) explaining managers' obligations to employees.

Question 20

Which of the following is a statutory right?

A) The right to free speech while working in a company
B) The right to ethical treatment
C) The right to form unions
D) The right to privacy

Question 21

A right protected by specific laws is referred to as a(n)________.

Question 22

The rights of employers to run a business and retain any resulting profits are called:

A) property rights.
B) management rights.
C) civil service rights.
D) corporation rights.

Question 23

Refer to Additional Case 14.2.If Dean had fired Gloria immediately,the action would most likely be considered:

A) a violation of due process.
B) an example of progressive discipline.
C) a violation of Gloria's residual rights.
D) in compliance with Gloria's union contract.

Question 24

________ is equal and fair application of a policy or law.

Question 25

Employee statutory rights are those rights employees are guaranteed by law.

Question 26

Employees' free speech rights are more explicit than their rights to privacy.

Question 27

Employee rights may be categorized into three groups.Identify these categories and explain the rights within each.

Question 28

The ability to engage in conduct that is protected by law or social sanction,free from interference by another party is referred to as a(n)________.

Question 29

Government workers typically have less protection,in terms of privacy and free speech,than do non-government workers.

Question 30

A psychological contract is a legal document outlining the ethical values of a company.

Question 31

A(n)________ is a right on the law of contracts.

Question 32

A(n)________ is a contract that spells out explicitly the terms of the employment relationship for both employee and employer.

Question 33

Union contracts provide greater job security than non-union contracts.

Question 34

A file maintained for each employee,containing the documentation of critical HR-related information is referred to as a(n)________.

Question 35

The ________ guarantees the privacy of personnel files for employees of the U.S.Federal government.

Question 36

Over the last 30 years,employee rights have narrowed as federal and state governments enact more laws that favor employers.

Question 37

An employee's right to privacy is absolute and guaranteed by the U.S.Constitution.

Question 38

________ is termination of an employee for reasons that are either illegal or inappropriate.

Question 39

Statements in an employee handbook are a source of implied contracts,but only a few state courts have ruled that employee handbooks are enforceable contracts.

Question 40

A legally binding promise between two or more competent parties is called a(n)________.

Question 41

Due to the legal conflict over employment-at-will discharges,many employers are now:

A) documenting causes for all wrongful dismissals.
B) requiring employees to sign at-will statements.
C) revising employee handbooks more frequently.
D) training all managers on the employment-at-will concept.

Question 42

A common-law rule that allows employers the right to terminate employees at any time for any cause is best known as:

A) due process.
B) an implied contract.
C) employment at will.
D) a good faith contract.

Question 43

An employer's rights under employment-at-will are unlimited.

Question 44

The rights to hire,promote,and determine pay levels for employees are examples of:

A) due process rights.
B) statutory rights.
C) residual rights.
D) contractual rights.

Question 45

When an employer discharged two women during and shortly after they returned from maternity leave,the women sued.The court found that the employer had:

A) acted in good faith.
B) acted legally but had violated a psychological contract.
C) made a legitimate exercise of employment-at-will powers.
D) wrongfully discharged the women and fined the employer.

Question 46

Employment-at-will is a common-law rule that tends to favor the employer.

Question 47

Legal limitations to employment at will:

A) do not exist in the private sector.
B) exist only for businesses with more than 50 employees.
C) include public policy and implied contract exceptions.
D) include criminal misconduct and psychological contract exceptions.

Question 48

In 1990,a California Supreme Court ruling:

A) set the groundwork for universal random drug testing in safety-sensitive jobs.
B) struck down all random drug testing even for safety-sensitive jobs.
C) accepted the argument that drug testing was not a violation of the right of privacy.
D) required employers to show a compelling interest to use random drug testing.

Question 49

Management's rights to run the business and retain any profits that result are called ________.

Question 50

Random drug testing:

A) has been ruled unconstitutional.
B) has largely been stopped by employee groups.
C) is required by law for professions where safety is critical.
D) is required by federal law for all employers with more than 15 employees.

Question 51

Employees who are wrongfully discharged under the employment-at-will doctrine:

A) are guaranteed severance pay.
B) typically sue for due process.
C) are protected by union contracts.
D) usually have no legal recourse.

Question 52

An employee refuses to lobby for his boss' favorite political candidate and is fired as a result.The courts would most likely:

A) rule this to be a just cause termination.
B) call this insubordination and uphold the termination.
C) hold this to be a public policy exception to employment-at-will.
D) see this as a lack of good faith and fair dealing on the part of the employer.

Question 53

A 1991 Federal Railroad Administration report showed that approximately________ of workers involved in railroad accidents tested positive for drugs.

A) 3%
B) 9%
C) 12%
D) 21%

Question 54

Residual rights are the same as employer rights.

Question 55

Surveys of workers on the issue of random drug testing show that:

A) drug testing significantly reduces worksite crime.
B) tests have no impact on reducing workplace violence.
C) most employees accept random drug testing when it's related to safety.
D) more nonunion workers accept random drug testing than union workers.

Question 56

Employees may be discharged for refusing to violate a professional code of ethics.

Question 57

Harrison,an American citizen,has recently taken a computer technician job in Belgium.The chances that Harrison will be discharged from this position without good cause are:

A) more likely than if he worked in the United States.
B) less likely than if he worked in the United States.
C) very likely since he is not a citizen of Belgium.
D) impossible, since he is an American citizen.

Question 58

Employment-at-will is a pervasive law,originally designed to equalize employer/employee power.Explain the concept and the limitations of its use.

Question 59

Management rights are also known as:

A) due process rights.
B) statutory rights.
C) residual rights.
D) contractual rights.

Question 60

All developed countries have employment-at-will systems.

Question 61

Moonlighting is best defined as:

A) holding a second job outside normal working hours.
B) disclosing an employer's illegal practices.
C) applying for a job with a competitor.
D) working to acquire overtime pay.

Question 62

Which of the following is NOT an example of employee theft?

A) Accumulating overtime
B) Taking extra-long lunches
C) Misusing sick leave for extra vacation time
D) Working for another employer on company time

Question 63

Additional Case 14.1
You are the HR director at Catalina Manufacturing. The firm is considering random drug testing for employees at its California, New York, Pennsylvania, and Texas facilities. Management believes that the assembly of high explosive devices and a recent rash of drug-related accidents make drug testing imperative.
Refer to Additional Case 14.1.To receive maximum support from employees,Catalina's HR department should most likely communicate the need for drug testing as a:

A) management right.
B) way to improve productivity.
C) safety measure for all employees.
D) tool for lowering health insurance costs.

Question 64

Studies indicate that the electronic monitoring of employees:

A) lowers absenteeism.
B) increases productivity.
C) improves customer service.
D) increases employee stress levels.

Question 65

Which of the following countries has the most significant shoplifting and employee theft problems?

A) Germany
B) Taiwan
C) India
D) U.S.

Question 66

Which of the following questions is LEAST relevant to determining how to handle a moonlighting employee?

A) Has moonlighting affected the employee's job performance?
B) Is the employee using company assets for the second job?
C) How much compensation does the second employer pay?
D) Is the second employer a competitor of the firm?

Question 67

When whistleblowing occurs in a company,management should most likely:

A) use an informal investigation process.
B) discharge the employee to prevent further problems.
C) take immediate action if the allegations are verified.
D) guarantee whistleblowing employees lifetime employment.

Question 68

Additional Case 14.1
You are the HR director at Catalina Manufacturing. The firm is considering random drug testing for employees at its California, New York, Pennsylvania, and Texas facilities. Management believes that the assembly of high explosive devices and a recent rash of drug-related accidents make drug testing imperative.
Refer to Additional Case 14.1.Generally speaking,random drug testing in Catalina's various facilities will most likely be:

A) permitted by Supreme Court rulings.
B) guided by the court rulings of each state.
C) meeting EEOC guidelines of disparate treatment.
D) challenged in court due to employee privacy rights guaranteed by the Constitution.

Question 69

What is a key element for an effective whistleblowing policy?

A) Immediate and maximum public exposure of the information
B) Carefully planned management retribution
C) Initial anonymity for the whistleblower
D) Compensation for the whistleblower

Question 70

Employees are most likely to accept electronic monitoring as legitimate when employers use it to:

A) improve productivity.
B) control employee theft.
C) identify regular drug users.
D) review employee e-mails.

Question 71

A company's whistleblowing policy should most likely:

A) be flexible for different situations.
B) require the whistleblower to be named.
C) be primarily developed and explained by HR.
D) involve an appeals process for dissatisfied employees.

Question 72

All of the following are advantages of performance testing EXCEPT:

A) low costs.
B) reliable results.
C) government sponsored.
D) less invasive on employee privacy.

Question 73

Which of the following would LEAST likely receive a probable cause drug test?

A) A delivery driver involved in a traffic accident
B) A college recruit applying for a programming job
C) A flight attendant showing impaired judgment
D) A hotel clerk who exhibits slurred speech patterns

Question 74

An employee who holds his employer accountable for improper conduct by informing the proper authorities is involved in:

A) whistleblowing.
B) a breach of contract.
C) a psychological contract.
D) due process of the law.

Question 75

Additional Case 14.1
You are the HR director at Catalina Manufacturing. The firm is considering random drug testing for employees at its California, New York, Pennsylvania, and Texas facilities. Management believes that the assembly of high explosive devices and a recent rash of drug-related accidents make drug testing imperative.
Refer to Additional Case 14.1.Which of the following is the most appropriate alternative to random drug testing at Catalina?

A) Initiating an EAP
B) Conducting additional safety training
C) Using computer-based performance tests
D) Requiring honesty tests during recruiting and screening

Question 76

Which of the following is the best way to control employee theft without invading the privacy of honest employees?

A) Secretly monitoring behavior to avoid upsetting employees
B) Screening job candidates with pencil-and-paper honesty tests
C) Avoiding the regular implementation of performance feedback
D) Limiting electronic monitoring to written and verbal communications

Question 77

Wallace Consulting is a small firm with 60 employees.In the past,Wallace Consulting has experienced a high level of employee theft.Which of the following would be the LEAST effective method of preventing employee theft at Wallace Consulting?

A) Performing regular financial audits
B) Developing open lines of communication
C) Appraising performance with 360-feedback
D) Protecting assets with internal control systems

Question 78

Additional Case 14.1
You are the HR director at Catalina Manufacturing. The firm is considering random drug testing for employees at its California, New York, Pennsylvania, and Texas facilities. Management believes that the assembly of high explosive devices and a recent rash of drug-related accidents make drug testing imperative.
Refer to Additional Case 14.1.You should most likely advise management that initiating random drug testing in California is:

A) strongly supported by the court system.
B) not permitted under any circumstances.
C) only allowed if the employer is a government contractor.
D) not permitted unless the employer has a compelling interest.

Question 79

Which of the following is a provision of the Sarbanes-Oxley Act?

A) Whistleblower names must be revealed to the public.
B) Whistleblowers are protected from employer retaliation.
C) Whistleblowers must receive full compensation for lost pay.
D) Whistleblowers have the right to request a formal investigation.

Question 80

Which of the following is a true statement about office romances?

A) Most workers disapprove of office dating.
B) Only a small percentage of firms have no-dating policies.
C) Over half of all employees report having had an office romance.
D) The majority of companies have a formal written policy about office dating.