Deck 13: Employees Rights and Discipline

Question 1

In law, negligence is the failure to use a reasonable amount of care when such failure results in injury to another person.

Answer 1

True

Question 2

According to the Worker Adjustment Retraining and Notification Act, notice of closure or layoff affecting 50 or more full-time workers must be given to the highest elected local official.

Answer 2

True

Question 3

Robert works for the federal government. He is not covered by the federal Whistleblower Protection Act.

Answer 3

False

Question 4

The significance of wrongful discharge suits is that they challenge an employer's right under the employment-at-will doctrine to unilaterally discharge employees.

Question 5

An employee of KyoTek was arrested last Saturday night for public fighting, destroying property, and harming several people. The employee has been released pending a trial, and wants to return to work. Other employees are nervous to be around this person after this display of violence, and that has created a disruptive atmosphere in the workplace. KyoTek does have the legal right to discipline the employee based on this off-duty behavior.

Question 6

The employment-at-will doctrine gives managers and supervisors the unrestricted right of termination.

Question 7

Negligent hiring occurs when an employer hires an employee who is prone to violent behavior.

Question 8

Telling employees that their jobs are secure as long as they perform satisfactorily and are loyal to their organization does not make an implied contract binding.

Question 9

The employment-at-will doctrine states that either employees or their employers may terminate the employment relationship for any reason.

Question 10

Seyall Industries has been successfully sued by employees who felt that they had an implied contract and were wrongfully terminated. Going forward, one way Seyall Industries can avoid these types of lawsuits is to have written proof that employees have read the employment-at-will disclaimers.

Question 11

Employee rights can be defined as the guarantees of fair treatment that workers expect in return for their services to an employer.

Question 12

RioFit and an employee are in a dispute that they have not been able to resolve. They have taken their case to Pat Margen, a retired judge, and have agreed to abide by Margen's decision. This scenario describes arbitration.

Question 13

KyoTek and an employee are in a dispute that they have not been able to resolve. They have taken their case to Judge Forner, a retired judge, and have agreed to abide by Judge Forner's decision. In this scenario, Judge Forner is an arbiter.

Question 14

Explicit contracts are not enforceable in court if either the employee or employer violates any provisions of the agreement.

Question 15

Miguel feels that his supervisor is out to get him. Miguel is always given the worst assignments, insulted regularly, and treated with disrespect. The work conditions become so intolerable that Miguel finally quits. This is a case of constructive discharge.

Question 16

During her interview, Angela is told by her future manager that if she is a good employee, she will have a permanent job with the company. This situation is an example of an implied contract.

Question 17

The right of privacy, which is recognized by law and legal commentary, includes the general principle of personal autonomy and largely involves an individual's right to be left alone.

Question 18

Whistle-blowing is a protected right of employees.

Question 19

Wrongful discharge is legal under the employment-at-will doctrine.

Question 20

An implied contract may result from statements found in employee handbooks or other employment documents.

Question 21

In general, employers have the right to monitor calls and text messages sent from their telecommunications devices, provided they do so for compelling business reasons and employees have been informed that their communications will be monitored.

Question 22

A supervisor in a romantic relationship with a subordinate becomes immediately vulnerable to a sexual harassment claim.

Question 23

State law in the state where KyoTek operates allows employees to examine their files. Because KyoTek has concerns that employees may add or remove things, or make other changes, KyoTek can insist that someone from HR, or a supervisor, be present.

Question 24

If an employer does not have probable cause, it should avoid random searches of employees' personal belongings.

Question 25

​Employers can discipline employees for off-duty conduct, but there must be a relationship between the employees' behavior and the effect of that behavior on the organization.

Question 26

Frank has been chronically late to work for the last two weeks and has given no reason for his tardiness. His immediate supervisor is the logical person to apply the company's disciplinary procedure.

Question 27

According to a recent report by the American Management Association, a third of employers have fired workers for misusing the Internet.

Question 28

In an organizational setting, discipline should be viewed as a way of correcting poor performance rather than as a punishment.

Question 29

It is increasingly common for employees to quit or resign from their jobs because of the intolerable acts of their employers leaving them with no other choice.

Question 30

When it comes to the use of camera surveillance, few federal laws protect workers from being watched.

Question 31

According to a recent report by the American Management Association, more than a quarter of employers have fired workers for misusing email.

Question 32

One advantage of impairment testing is that it focuses on off-duty behavior rather than workplace conduct.

Question 33

Discipline should be considered as training that molds and strengthens desirable conduct while correcting undesirable conduct.

Question 34

In the private sector, drug testing is largely regulated by individual states.

Question 35

Impairment testing is always the first step in random drug testing.

Question 36

Seyall Industries recently conducted drug tests on selected employees. It is likely that these tests were not random, but that reasonable suspicion or probable cause led to the tests.

Question 37

Seyall Industries conducts random searches of employee lockers, suitcases, and toolboxes. U.S. courts have ruled that this is illegal.

Question 38

A number of states have passed laws that allow employers to fire employees for activities they pursue offsite on their own time, even when those activities are legal, if the employer disapproves of them.

Question 39

Because personnel files are the employer's property, an employee may be barred from seeing his or her file.

Question 40

Documentation of an employee's misconduct includes stating the improvement expected by the employer.

Question 41

Step-review systems involving nonunion employees are very similar to grievance procedures used in union contracts.

Question 42

Mediation is a formal process that always goes through the same series of steps.

Question 43

Jane has been accused of violating a certain rule at KyoTek. She has demanded due process, which is essentially the right to tell her side of the story.

Question 44

Positive discipline relies on reminders given to employees to improve performance.

Question 45

Jane has been accused of violating a certain rule at KyoTek. She has demanded that her attorney be present during the investigative review. Legally, KyoTek can refuse this request.

Question 46

KyoTek struggles with successfully disciplining employees in order to achieve correct behavior. The company should consider using progressive discipline, which is an effective means of forcing employees to improve their performance involuntarily.

Question 47

According to the Weingarten ruling, an employer must bargain with the employee's representative during an investigative interview.

Question 48

KyoTek uses a system of progressive discipline. KyoTek follows the typical system of this method, meaning that it will start with a written warning. If that doesn't have the desired effect, they will progress through oral warning, suspension, and ultimately discharge.

Question 49

Ethics can be defined as a set of standards of acceptable conduct.

Question 50

Positive discipline is based on a mutual problem-solving approach, but resolutions are still mandated by management.

Question 51

The NLRB v Weingarten ruling requires that nonunion employees always have the right to representation during an investigative interview.

Question 52

Progressive discipline results from using positive reinforcement instead of punishment to correct behavioral problems.

Question 53

With an open-door policy, decisions tend to be consistent across managers.

Question 54

Organizations are required by law to comply with ethical guidelines.

Question 55

The most significant cause of inadequate documentation is that managers often do not know what constitutes good documentation.

Question 56

Josef's religion requires that he maintain a beard. His employer has a grooming policy that generally prohibits beards. As long as Josef's beard does not lead to any safety concerns on the job, his employer must respect his religious rights and allow him to keep it.

Question 57

​Bill has been found guilty of theft, a termination offense. Before he is discharged, his manager must ensure that all the steps of progressive discipline are followed.

Question 58

In a peer-review system, the complaint committee consists only of people whose jobs are similar to that of the person filing the complaint.

Question 59

When the first two steps fail while implementing positive discipline, decision-making leave is provided, which is a paid leave.

Question 60

While she has no authority to finalize a solution, Betty listens to employee complaints and attempts to resolve them by mediating between the employees and their supervisors. Betty is an ombudsman.

Question 61

Discharge for refusing to violate a professional code of conduct falls under which exception to employment-at-will doctrine?

A)Violation of public policy
B)Implied contract
C)Implied covenant
D)Does not fall under an exception

Question 62

An implied employment contract

A)is valid only in writing.
B)covers the entire American workforce.
C)exists only after an employee passes his or her probation period.
D)can result from statements spoken to an employee by an employer.

Question 63

Which of the following acts financially rewards whistle-blowers who expose fraud related to governmental programs and wrongdoing related to consumer financial products or services?

A)The Notification and Federal Employee Antidiscrimination and Retaliation Act
B)The Sarbanes-Oxley Act
C)The Whistleblower Protection Act
D)The False Claims Act

Question 64

Which of the following is NOT an example of how an implied contract may become binding?

A)Telling employees their jobs are secure as long as they perform satisfactorily and are loyal to the organization
B)Failing to create an employee handbook or conducting performance appraisals on a routine basis
C)Stating in the employee handbook that employees will not be terminated without the right of defense or access to an appeal procedure
D)Urging an employee to leave another organization by promising higher wages and benefits, then reneging on those promises after the person has been hired

Question 65

Elle is conducting a disciplinary investigation of an employee. Which of the following is NOT one of the questions she might ask when determining if the employee was aware that the action was wrong?

A)What rule or provision was violated?
B)How would the employee know of the existence of the rule?
C)Was the employee warned of the consequence?
D)Has anyone talked to the employee to hear his or her side of the situation?

Question 66

Which of the following is NOT an exception to the employment-at-will doctrine?

A)Implied contract
B)Established protection
C)Violation of public policy
D)Implied covenant

Question 67

Pat is conducting a disciplinary investigation of an employee. When looking into how many years of service the employee has with the organization and how many years the employee has held the present job, what question is Pat trying to answer?

A)Are there extenuating circumstances?
B)Is the offense related to the workplace?
C)What is the employee's past work record?
D)What are the sources of the facts?

Question 68

One of the primary goals of ethics training is to avoid adverse publicity.

Question 69

Employers defend their intrusion into employee privacy by noting

A)their constitutional right.
B)their legitimate business interest.
C)that they are required by law.
D)that they are required by the Occupational Safety and Health Administration to do so.

Question 70

Which exception to the employment-at-will doctrine occurs when a lack of good faith and fair dealing by the employer has been suggested?

A)Implied contract
B)Established protection
C)Violation of public policy
D)Implied covenant

Question 71

Seyall Industries uses a progressive discipline program when disciplinary action is required. Terri is going through this process and has received a written warning. If improvement is not made, what is the expected next step in a typical procedure?

A)Oral warning and counseling
B)Decision-making leave
C)Discharge
D)Suspension without pay

Question 72

KyoTek expects that its employees will use their talents, skills, and abilities to perform their duties. In turn, the employees expect KyoTek to provide fair wages, steady work, training as needed, and promotional opportunities. This relationship is referred to as

A)employment-at-will.
B)a no-win situation for employees.
C)a Catch-22 situation for employers.
D)psychological contract.

Question 73

Employers are prohibited from retaliating against employees under all of the following EXCEPT

A)the Workers' Adjustment Retraining and Notification Act.
B)Title VII of the Civil Rights Act.
C)the Age Discrimination in Employment Act.
D)Title I of the Americans with Disabilities Act.

Question 74

Which of the following is the dominant principle governing private-sector employment relationships?

A)The employment-at-will doctrine
B)The job-as-property doctrine
C)The implied contract rules
D)The implied covenant rules

Question 75

The minimum advance notice of plant closings or layoffs affecting 50 or more full-time employees required by the Workers' Adjustment Retraining and Notification Act of 1989 is

A)60 days.
B)180 months.
C)7 days.
D)120 months.

Question 76

Which of the following statements is NOT true of whistle-blowing?

A)Employees engage in whistle-blowing when they report an employer's illegal actions.
B)Employers cannot discharge employees for reporting corporate wrongdoings.
C)Employers can discipline but not discharge employees for reporting corporate wrongdoings.
D)Employers may be liable to huge fines if found guilty of the whistle-blowing charges imposed on them.

Question 77

CJ is conducting a disciplinary investigation of an employee. Which of the following is NOT one of the questions he might ask when determining if the rule has been uniformly enforced?

A)Have all managers applied this rule consistently?
B)What punishment have previous offenders received?
C)Is there direct or only indirect evidence of guilt?
D)Were any other employees involved in this offense?

Question 78

Which of the following groups CANNOT grant rights to employees?

A)Employers
B)State legislatures
C)Federal courts
D)Unions

Question 79

Which of the following actions is MOST likely to create a wrongful discharge claim?

A)Terminating an employee only if there is an articulated reason
B)Setting and following termination rules and schedules
C)Documenting all performance problems
D)Making exceptions to the rules in unique circumstances

Question 80

Under the employment-at-will doctrine, who can terminate an employment relationship?

A)Only employees
B)Only employers
C)Government or unions
D)Employees or employers