Question 1

__________ guarantee due process and protect citizens from arbitrary actions by their government.

Accepted Answer

The Fifth and Fourteenth Amendments guarantee due process and protect citizens from arbitrary actions by their government. The Fifth Amendment applies to the federal government, while the Fourteenth Amendment extends due process protections to actions by state governments.

Question 2

Which of the following situations would preclude an employer from exercising her employment-at-will rights when terminating an employee?

Accepted Answer

All of these situations (explicit contract, actions contrary to good faith and fair dealing, and actions contrary to public policy) would preclude an employer from exercising employment-at-will rights when terminating an employee, as they represent exceptions to the employment-at-will doctrine.

Question 3

__________ assures the employee that no disciplinary action is taken against him or her unless there is clear and convincing evidence that the employee committed a disciplinary offense.

Accepted Answer

The answer of __________ assures the employee that no disciplinary...

Question 4

__________ refers to an employee's right to fair and consistent treatment in regard to terms and conditions of employment.

Accepted Answer

Due process refers to the principle that an individual has the right to fair and consistent treatment, especially in the context of their employment. This includes fair procedures and transparency in the terms and conditions of their job.

Question 5

A primary assumption of Douglas McGregor's Hot Stove Principle is that:

Accepted Answer

Douglas McGregor's Hot Stove Principle compares disciplinary action to touching a hot stove, emphasizing that consequences should be immediate, consistent, impersonal, and with warning, thus ensuring disciplinary actions are imposed equally on all offenders.

Question 6

Which can be used by an employer as a breach-of-contract defense for terminating a contractual employee?

Accepted Answer

All of the options listed can be used as defenses for terminating a contractual employee under certain circumstances. Mental impairment and intoxication can affect an employee's ability to perform their duties, while contracts with minors are often voidable, depending on the jurisdiction and specific circumstances.

Question 7

Under implied contract doctrine, if an employer explicitly stipulates employment for a definite time period, the employee can only be terminated:

Accepted Answer

Under implied contract doctrine, if an employer explicitly stipulates employment for a definite time period, the employee is generally protected from being terminated without just cause. This means the employer must have a legitimate reason for ending the employment before the specified period is over.

Question 8

Why are employers so concerned with protecting their employment-at-will rights?

Accepted Answer

Employers are concerned with protecting their employment-at-will rights to avoid the need for additional documentation that might be required to justify terminations or other employment actions if those rights were not in place.

Question 9

__________ is provided when any accused party is permitted to respond to charges before an impartial forum.

Accepted Answer

Procedural due process refers to the legal requirement that the state must respect all legal rights that are owed to a person. It balances the power of law of the land and protects the individual person from it. When an accused party is allowed to respond to charges before an impartial forum, it is an example of procedural due process, ensuring fair treatment through the judicial system.

Question 10

A contract consists of two important parts:

Accepted Answer

A contract fundamentally consists of mutual assent (an agreement by all parties on the terms) and consideration (something of value exchanged by the parties).

Question 11

__________ protect employees from being retaliated against for reporting violations of a specific law in question.

Accepted Answer

Whistleblower clauses are designed to protect employees who report illegal or unethical activities within their organization from retaliation. These clauses ensure that employees can speak out about violations of laws without fear of losing their jobs or facing other forms of retribution.

Question 12

What is the second step in McGregor's Hot Stove Principle?

Accepted Answer

The answer of What is the second step in McGregor's...

Question 13

The only state that has passed a just cause discharge statute is _______________.

Accepted Answer

Montana is the only state in the United States that has passed a just cause discharge statute, requiring employers to have a legitimate reason for terminating an employee, unlike the at-will employment practices predominant in other states.

Question 14

Which is not a legitimate business reason that could be used to substantiate a just cause termination?

Accepted Answer

Terminating an employee due to tardiness caused by a work-related injury could be considered discriminatory and is not a legitimate reason for a just cause termination. Employers are generally required to accommodate employees with work-related injuries to a reasonable extent.

Question 15

__________ means that if an employee has the freedom to quit at his or her own volition, then the employer has an equal right to fire the employee at his or her own volition.

Accepted Answer

Employment-at-will is the doctrine that describes the principle that an employer can terminate an employee at any time without any reason, just as the employee can leave their job at any time. This concept is a foundational element of the labor market in many jurisdictions, particularly in the United States.

Question 16

From a state court standpoint, the most widely accepted means of establishing implied employment contracts are:

Accepted Answer

Employee handbooks are often considered a means of establishing implied employment contracts because they can outline policies and procedures that suggest certain employment terms, which courts may interpret as binding.

Question 17

Private sector employers may find themselves legally obligated to provide for due process through:

Accepted Answer

Private sector employers may be legally obligated to provide for due process through collective bargaining agreements, implied contracts, and explicit contracts. These agreements and contracts can stipulate conditions and procedures for employee discipline or termination, thereby necessitating due process.

Question 18

Which is an example of documentation that substantiates an employer's legitimate business reason for terminating an employee?

Accepted Answer

Good documentation, including disciplinary policies, training for managers on proper disciplinary procedures, and thorough record keeping, all contribute to substantiating an employer's legitimate business reason for terminating an employee.

Question 19

A termination violates __________ when an employee is discharged for refusing to violate a law or ordinance, fired for refusing to avoid a civic duty or obligation, or terminated for engaging in a legal right.

Accepted Answer

A termination violates public policy when it occurs under circumstances like an employee being fired for refusing to break the law, avoiding civic duties, or exercising legal rights. This concept is meant to protect employees from being punished for adhering to societal norms and legal obligations.

Question 20

Under a/an __________, employers are limited to discharging employees only for broadly and statutorily defined reasons.

Accepted Answer

Just cause statutes specifically limit the reasons for which employers can discharge employees, requiring that the reasons be justifiable and often statutorily defined.

Quiz 12: Employment-At-Will, Employee Discipline, and Negligent Hiring Issues