Deck 8: Legally Managing Employees

Question 1

When a complaint is lodged, or when inappropriate activity is brought to the attention of management, the manager should wait to see if the charge is proven, and only then take action to investigate the charge.

Answer 1

False

Question 2

Quid pro quo sexual harassment is when a perpetrator, through language or conduct, creates an intimidating or hostile working environment for individuals of a particular gender.

Answer 2

False

Question 3

An employee manual should contain which of the following policies?

A) Disciplinary process
B) Payroll deductions
C) Anti-harassment and anti-discrimination
D) Employers right to modify policies
E) All of the above are appropriate.

Answer 3

E

Question 4

The federal law known as USERRA was enacted to _______.

A) provide a guaranteed right for parents to take time off from work for maternity and/or paternity leave.
B) established child labor standards in the workplace.
C) protect the rights of those employees who voluntarily or involuntarily leave work to go into the military.
D) allow employers to purchase liability insurance that covers illegal acts of discrimination.

Question 5

Companies have the right to establish rules and policies for their workplace, so long as those rules do not violate the law.

Question 6

In many countries overseas, employers do not have the luxury of "employment at will" and may be prohibited from terminating the employment relationship.

Question 7

A hospitality manager may require employees to sign a non-solicitation agreement, which prohibits the employees from _____.

A) recruiting, soliciting or hiring away fellow employees.
B) selling Girl Scout cookies in the break room.
C) giving less than 2 weeks-notice of resignation from employment.
D) None of the above are appropriate.

Question 8

Vicarious Liability is being responsible for your own acts which result in an injury, harm, or damage to others.

Question 9

Employee manuals should be kept up to date, and should clearly state that it is the employee who retains the right to revise the manual.

Question 10

Which of the following is correct?

A) FUTA requires employers and employees to make a tax contribution.
B) FICA is a state law that funds Medicare programs.
C) WOTC allows employers to have a tax credit for hiring unemployed veterans.
D) ACA provides better coverage than Obamacare.

Question 11

Discrimination against marital status by an employer is a federally protected right under Title VII of the Civil Rights Act of 1964, as amended.

Question 12

Upon return from FMLA leave, an employee does not ordinarily have to be re-instated in his original job or an equivalent one.

Question 13

Third party sexual harassment occurs when someone outside the workforce harasses an employee, or is harassed by an employee.

Question 14

To protect employers from employees who unlawfully use company information to further their own interests, employers should ____.

A) Label all proprietary documents as confidential.
B) Restrict employee access to sensitive company information.
C) Add a policy to the employee manual limiting the use and disclosure of company confidential information.
D) All of the above.

Question 15

The Lily Ledbetter Fair Pay Act of 2009 was enacted primarily to allow for equal pay to be paid to men and women for equal work.

Question 16

The Family Medical Leave Act of 1993 grants an eligible employee up to a total of 12 workweeks of unpaid leave for?

A) The birth or placement of a child for adoption or foster care
B) The care of an immediate family member with a serious health condition
C) Medical leave when the employee is unable to work because of a serious health condition
D) All of the above.

Question 17

If two employees in a large restaurant company tell offensive jokes to each other in the workplace which of the following is

A) employees who overhear the jokes may have a claim against their employer for a hostile work environment.
B) the joke telling employees will not be held accountable if they did not mean to offend anyone since intent to harm is one of the key elements of the claim.
C) since the offending employees did not touch anyone, they will not be legally liable.
D) private conversations are just that….private.

Question 18

A particular employee monitoring technique is legal only if:

A) The employee had a legitimate expectation of privacy, for example, in a restroom
B) The monitoring was performed for work and non-work related purposes
C) It was performed in a non-discriminatory manner
D) The employees were not aware of the monitoring

Question 19

Which of the following statements are un

A) An employee who quits his or her job for a non-work related reason is eligible for unemployment benefits.
B) An employee who is terminated, except for good cause in connection with their work performance, is generally eligible for unemployment benefits.
C) An employee who is terminated for habitual lateness or excessive absences on the job does not qualify for unemployment benefits.
D) An employee who is fired from his or her job based on drinking alcohol during work hours will be denied unemployment benefits.

Question 20

An employer may not ordinarily legally terminate an employee if it is done?

A) As a result of documented progressive discipline
B) To deny accrued benefits
C) Because of legitimate illness or absence from work
D) A and B
E) B and C