Deck 14: Employee Rights and Responsibilities

Question 1

Claudia is hired as a Senior Engineer by Hexagon Inc. Allen, the HR Manager of the company, promises her that she will start working on live projects within three months from joining. He also tells her that she is expected to give three months' notice before quitting the job. Which of the following statements is true of the given scenario?

A) Claudia is an at-will employee.
B) Allen has violated an employment law by making a promise.
C) Claudia has an implied contract with the company.
D) Hexagon Inc. cannot be challenged in a court even when it fails to follow up on its promises.

Answer 1

C

Question 2

After a personality conflict with his manager, Will is asked to work extra hours every day. Will is given the toughest assignments and is often ignored and even insulted during team meetings and discussions. Will considers quitting the job owing to the intolerable work conditions. Will's manager can be held responsible for _____.

A) wrongful discharge
B) dysfunctional turnover
C) constructive discharge
D) voluntary turnover

Answer 2

C

Question 3

_____ bar former employees from soliciting business from former customers and clients for a specified period of time.

A) Clawback agreements
B) Separation agreements
C) Nonpiracy agreements
D) Confidentiality agreements

Answer 3

C

Question 4

The statutory exception to employment at will indicates that:

A) employees can sue their employers if fired for a reason that violates public policy.
B) a covenant of good faith and fair dealing exists between employers and at-will employees.
C) protected class characteristics cannot be used as a reason to terminate employees.
D) employees should not be fired as long as they perform their jobs.

Question 5

Roger is hired by an international HR consulting firm as its Outplacement Counselor. Prior to receiving extensive training on the company's copyrighted techniques and programs, Roger is asked to agree in his employment contract that he will not work as a trainer for a rival outplacement company in a specified list of states for a period of one year from the time he quits or his employment will be terminated. This best exemplifies a _____.

A) nonpiracy agreement
B) noncompete agreement
C) clawback agreement
D) separation agreement

Question 6

Grace is asked by her employer to quit her job on the grounds that she is not punctual. Considering that the common-law doctrine of employment at will holds in the given scenario, which of the following statements is true?

A) Grace can get her job back using the implied contract exception to employment at will.
B) Grace has to give in to her employer's demands and quit her job.
C) Grace can get her job back using the public policy exception to employment at will.
D) Grace's employer is committing a very common federal crime.

Question 7

In the context of guidelines used by the courts to determine whether noncompete agreements are legally acceptable, a noncompete agreement should:

A) have a duration of three years or more.
B) prohibit employees from working in new fields of employment.
C) allow employees to work within the current area of specialization.
D) grant employees additional "consideration" beyond regular employment.

Question 8

Amber worked as a Sales Associate in a department store. When a few high-priced products were found missing from the store, Amber was accused of theft and fired from the job. No investigation was conducted, and Amber was not allowed to explain herself. Which of the following is true of the given scenario?

A) Amber's employer had enforced a noncompete agreement.
B) Amber's employer did not follow due process.
C) Amber's statutory rights were upheld.
D) Amber was not given the option of involuntary turnover.

Question 9

_____ is reasonable justification for taking employment-related action.

A) Benchmarking
B) Impeachment
C) Constructive discharge
D) Just cause

Question 10

Companies are more likely to use a formal employment contract when:

A) the employment situation is stable and secure.
B) compensation is below industry standards.
C) employees are hired from outside the organization.
D) employees are internally promoted.

Question 11

In the context of organizational justice, which of the following is true of distributive justice?

A) It is the perceived fairness of the processes used to make decisions about employees.
B) It is the perceived fairness in the allocation of outcomes among employees.
C) It is the extent to which a person affected by an employment decision feels treated with dignity and respect.
D) It is the extent to which good faith and fair dealing exist between employers and at-will employees.

Question 12

Matt accepts a job offer as a Chemical Engineer in the Research and Development department of Tulip Inc., a paint manufacturing company. After accepting the job offer, he signs an employment contract stating that the results of his research would be the sole property of the company. Matt comes up with an innovative paint formula that can withstand extreme temperatures. He receives a promotion and a handsome package for his work. However, he is annoyed that the formula was not patented in his name. In the context of the given scenario, which of the following statements is true?

A) The innovation made by Matt on the job falls under the management and control of the organization.
B) Matt's formula is his own intellectual property, and he has the right to use it as he sees fit.
C) Since the formula can be patented only by Matt, the company is legally required to pay him 30 percent of the total profits gained.
D) A heavy fine can be imposed on the company for drawing a contract that is unenforceable.

Question 13

Ramona manages a team of 10 designers at Purple Inc. She encourages all her subordinates to directly approach her and speak with her at any time of the day regarding issues they may be facing at work. Given this information, it can be said that _____.

A) the company encourages functional turnover
B) the company follows an arbitration system
C) Ramona acts as an ombudsman in the company
D) the company practices an open-door policy

Question 14

Employment at will is a common-law doctrine stating that _____.

A) an employee must provide a minimum of two weeks' notice before quitting a job
B) employees can be asked to leave a company only if they are willing to do so
C) employees are free agents, but employers must have just cause for terminating them
D) an employer has the right to hire, fire, demote, or promote whomever it chooses

Question 15

Which of the following exceptions to employment at will holds that employees should not be fired from an organization as long as they perform their jobs?

A) Public policy exception
B) Implied contract exception
C) Good-faith and fair-dealing exception
D) Statutory exception

Question 16

The process of deliberately making conditions intolerable to get an employee to quit is referred to as _____.

A) dysfunctional turnover
B) wrongful discharge
C) constructive discharge
D) voluntary turnover

Question 17

Which of the following is a primary objective of using employment contracts that are created for protecting trade secrets?

A) To encourage employees' discussion of competitive actions
B) To indicate that employees who make innovations while on the job have the right to own and copyright those works
C) To notify employees that they will be privy to sensitive information on the job
D) To bar former employees from soliciting business from former customers and clients for a specified period of time

Question 18

Rights are offset by _____, which are obligations to perform certain tasks and duties.

A) policies
B) responsibilities
C) procedures
D) patents

Question 19

Individuals outside the normal chain of command who act as independent problem solvers for both the management and employees of an organization are called _____.

A) ombuds
B) whistle-blowers
C) union stewards
D) shareholders

Question 20

_____ involves the termination of an individual's employment for reasons that are illegal or improper.

A) Wrongful discharge
B) Dysfunctional turnover
C) Voluntary turnover
D) Deconstructive discharge

Question 21

The Chief Executive Officer (CEO) of a pharmaceutical company suspects that one of the senior scientists in the company has been selling confidential information to a competitor. The CEO asks the scientist to take a polygraph test. In the context of the Employee Polygraph Protection Act, which of the following is true of the given scenario?

A) The CEO can fire the scientist for refusing to take the polygraph test.
B) The scientist cannot refuse to take the polygraph test.
C) The scientist cannot be terminated for refusing to take the polygraph test.
D) The scientist can sue the firm for illegally attempting to conduct the polygraph test.

Question 22

_____ protects employees from unjust or arbitrary discipline or termination.

A) Due process
B) Constructive discharge
C) Impeachment
D) Functional turnover

Question 23

_____ is defined in legal terms as an individual's freedom from unauthorized and unreasonable intrusion into personal affairs.

A) Just cause
B) Due process
C) The right to dissent
D) The right to privacy

Question 24

In the United States, the right of protection from unreasonable search and seizure _____.

A) protects an individual only against unreasonable search and seizure by government officials
B) has been eliminated by the USA PATRIOT Act
C) protects all employees from unreasonable search and seizure by employers in the workplace
D) protects only those individuals employed in the private sector

Question 25

In the context of conducting workplace investigations, which of the following statements is true of the Fair and Accurate Credit Transactions (FACT) Act?

A) It allows employers to hire outside investigators without first notifying the individuals under investigation.
B) It prohibits employers from hiring outside investigators when investigating an employee.
C) It requires employers to get permission from the individuals under investigation before hiring outside investigators.
D) It allows employers to hire outside investigators only if the individuals under investigation have access to sensitive employer data.

Question 26

Which of the following statements is true of the Data Protection Act?

A) It forbids employers from storing sensitive employee information.
B) It authorizes employers to release employee information without employee consent.
C) It requires employers to keep personnel records up to date and keep only the details that are needed.
D) It mandates employers to maintain personnel files and records for a minimum of 10 years.

Question 27

_____ is the extent to which a person affected by an employment decision feels treated with dignity and respect.

A) Restorative justice
B) Distributive justice
C) Interactional justice
D) Procedural justice

Question 28

_____ provide customary methods of handling activities and are more specific than policies.

A) Procedures
B) Petitions
C) Rights
D) Patents

Question 29

Organizations monitor electronic communications of their employees because:

A) they want to keep track of all employee interactions to obtain information on their feelings and perceptions regarding the workplace.
B) they want to protect corporate resources, prevent hacking and virus attacks, and ensure productivity.
C) they want to identify the whistle-blowers among the employees and keep track of their activities.
D) they want to read through employee e-mails for signs of dissatisfaction among employees that could lead to high attrition rates.

Question 30

Which of the following statements is true of employee handbooks?

A) The courts have used employee handbooks against employers in lawsuits by charging a broken "implied" contract.
B) Employee handbooks are usually generalized so that the content matches the general policies followed in a specific industry.
C) Employee handbooks do not include content that would require constant revision because revision can be very expensive.
D) Employee handbooks are always written in a formal legalistic fashion for effectiveness.

Question 31

According to the Data Protection Act, personnel files and records are usually maintained by employers for _____.

A) one year
B) two years
C) three years
D) five years

Question 32

Which of the following is true of the Drug-Free Workplace Act of 1988?

A) It covers all intoxicating substances, including alcohol.
B) It requires government contractors to take steps to eliminate employee drug use.
C) It covers the use of illegal substances both on and off the job.
D) It applies only to private-sector employers.

Question 33

Individuals who report real or perceived wrongs committed by their coworkers or employers are called _____.

A) whistle-blowers
B) ombuds
C) union stewards
D) arbitrators

Question 34

The employee contract of Uranus Inc. clearly states that "every employee in the company must avoid smoking within the company premises." This best exemplifies a _____.

A) patent
B) writ
C) rule
D) petition

Question 35

Which of the following is typically a responsibility of the HR unit for ensuring that policies, procedures, and rules are effectively followed in a company?

A) Reviewing HR policies and rules with all employees
B) Applying HR policies, procedures, and rules
C) Giving feedback on the effectiveness of HR policies and rules
D) Designing formal mechanisms for coordinating HR policies

Question 36

Ken works in a pharmaceutical company that sells antibiotics at a low cost to several African countries. He later learns that most of these drugs are expired antibiotics that have been repackaged by the company. Ken immediately informs one of his friends, a federal agent, of his company's illegal activities. Which of the following statements is true of the given scenario?

A) The Sarbanes-Oxley Act would protect Ken from retaliation by his employer.
B) Ken's constitutional right to freedom of speech would protect him from any form of retaliation by his employer.
C) Ken would receive no protection since no comprehensive whistle-blowing law protects the right to free speech.
D) The Data Protection Act would give the company the power to terminate Ken, and the company may or may not face legal action.

Question 37

The Privacy Act of 1974, which includes provisions affecting HR recordkeeping systems, applies only to _____.

A) companies operating in the business sector
B) companies operating in the private sector
C) nongovernmental organizations and charities
D) federal agencies and organizations supplying services to the federal government

Question 38

Which of the following statements is true of the Employee Polygraph Protection Act?

A) It allows employers to terminate an employee accused of a crime in the workplace if the employee refuses to take a polygraph exam.
B) It requires that employees must be advised of their rights to refuse to take a polygraph exam.
C) It allows the use of polygraphs for most pre-employment screening.
D) It requires law enforcement personnel to be present when a polygraph test is being administered in the workplace.

Question 39

Which of the following is typically a responsibility of operating managers for ensuring that policies, procedures, and rules are effectively followed in a company?

A) Training other managers to administer policies, procedures, and rules
B) Providing information on application of HR policies, procedures, and rules
C) Giving feedback on the effectiveness of HR policies and rules
D) Designing formal mechanisms for coordinating HR policies

Question 40

Which of the following is a drug-testing policy that employers follow when testing current employees?

A) Testing the employees only in cases of substance abuse
B) Testing the employees only in cases of probable cause
C) Testing the employees only when they are not on duty
D) Testing the employees only after getting consent from their immediate family members

Question 41

The goal of the _____ phase of the positive discipline approach to discipline is to heighten employee awareness of organizational policies and rules.

A) written documentation
B) final warning
C) discharge
D) counseling

Question 42

Companies are more likely to use a formal employment contract when employees are internally promoted rather than being hired from outside the organization.

Question 43

Employment is a reciprocal relationship in that both the employer and the employee have rights and obligations.

Question 44

Dangerous duties, insulting comments, and failure to provide reasonable work are examples of actions that can lead to a claim of constructive discharge.

Question 45

Using a peer review panel for dispute resolution increases the probability of a lawsuit against the employer.

Question 46

In the context of approaches to discipline, the _____ incorporates steps that become increasingly more severe and are designed to change an employee's inappropriate behavior.

A) progressive discipline approach
B) constructive discharge approach
C) functional turnover approach
D) voluntary dismissal approach

Question 47

Chu, an Operating Manager, needs to terminate one of his subordinates, who works on the same floor. The employee, even after several warnings, has been poorly executing work-related duties. Which of the following is the most appropriate medium for dealing with the termination?

A) A face-to-face meeting
B) A video conference
C) A telephonic conversation
D) An e-mail communication

Question 48

A(n) _____ is a physical or electronic manual that explains a company's essential policies, procedures, and worker benefits.

A) noncompete agreement
B) employer memorandum
C) employee handbook
D) yellow-dog contract

Question 49

A _____ is an agreement in which a terminated employee agrees not to sue the employer in exchange for specified benefits, such as additional severance pay or other consideration.

A) clawback agreement
B) separation agreement
C) noncompete agreement
D) nonpiracy agreement

Question 50

In the context of a typical progressive discipline process, a second offense requires the employer to _____.

A) give a verbal caution to the offender
B) give a written reprimand to the offender
C) terminate the offender
D) suspend the offender for a small period of time

Question 51

Implied promises in an employee handbook constitute a contract between an employer and its employees, even without a signed contract document.

Question 52

Individuals who report real or perceived wrongs committed by their coworkers or employers are called ombuds.

Question 53

The use of arbitration in employment-related situations can be considered unfair because it is the employers who often select the arbitrators.

Question 54

Jennifer has been highly unproductive at work for the last few weeks and is counseled regarding organizational policies and rules by her supervisor. She is then asked to identify solutions to prevent further problems and write them down. When her supervisor feels that these activities are not helping her, she is given a paid day off to prepare an action plan that will help her work on her productivity issues. This best exemplifies the _____.

A) dictatorial discipline approach
B) positive discipline approach
C) progressive discipline approach
D) authoritative discipline approach

Question 55

The use of employment contracts is restricted to the hiring of executives and senior managers.

Question 56

Statutory rights are the result of specific laws or statutes passed by federal, state, or local governments.

Question 57

The greatest difficulty with the positive approach to discipline is that _____.

A) employees do not take the process seriously until they reach the final warning stage
B) it needs the managers to take an authoritative approach
C) managers have to be trained extensively to become effective counselors
D) it typically increases the rate of voluntary turnover

Question 58

Claudette is being terminated from her position as the Chief Financial Officer of a private university. She has signed an agreement in which she has agreed not to sue the employer in return for certain benefits. The agreement best exemplifies a _____.

A) separation agreement
B) noncompete agreement
C) nonpiracy agreement
D) clawback agreement

Question 59

Which of the following approaches to discipline builds on the philosophy that violations are actions that usually can be corrected constructively without penalty?

A) The authoritative discipline approach
B) The positive discipline approach
C) The progressive discipline approach
D) The dictatorial discipline approach

Question 60

Wrongful discharge is the process of deliberately making conditions intolerable to get an employee to quit.

Question 61

The Employee Polygraph Protection Act allows the use of polygraphs for most pre-employment screening.

Question 62

One of the advantages of using a peer review panel for dispute resolution is the provision of a due process.

Question 63

Both private- and public-sector employers, even if they believe that work rules have been violated, cannot search desks, files, lockers, and computer files without search warrants.

Question 64

Progressive discipline is less administrative than positive discipline.

Question 65

One industry in which dress and appearance codes and policies are important is the food and beverage industry.

Question 66

An individual's right to freedom of speech, which is granted by the U.S. Constitution, is unrestricted in the workplace.

Question 67

Discipline is a process of corrective action that enforces organizational rules.

Question 68

If the organizational "norm" is to avoid penalizing problem employees, then managers are more likely to use discipline or to dismiss problem employees.

Question 69

Pulse surveys facilitate upward communication.

Question 70

Tobacco and alcohol qualify as controlled substances under the Drug-Free Workplace Act of 1988.

Question 71

If drug testing is done for probable cause, it needs to be based on performance-related behaviors and not just the substance use itself.

Question 72

Several comprehensive whistle-blowing laws fully protect the right to free speech of both public- and private-sector employees.

Question 73

Employers should avoid informing employees if employee activities are being monitored so as to attain undiluted results.

Question 74

Dependency on illegal drugs is not a disability under the American with Disabilities Act.

Question 75

The right of U.S. citizens to be protected from unreasonable search and seizure does not apply to private-sector employees searched at work by representatives of their employers.

Question 76

Employees who test positive or report for duty and cannot perform their jobs properly are not immune from reprimand, even in states where recreational and medical marijuana use is legal.

Question 77

In the positive approach to discipline, counseling is the last step before the termination of an employee.

Question 78

Employee handbooks should be customized to fit a company's current situation instead of being too generalized.

Question 79

Bring your own device is the practice of employees using their own mobile devices such as smartphones and digital tablets in the workplace.

Question 80

Evaluative mediation techniques foster communication among the parties involved to help uncover options for settling.