Question 1

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

Accepted Answer

Negligence is indeed defined as a failure to use reasonable care, which could result in harm or injury to another person.

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.

Accepted Answer

The Worker Adjustment Retraining and Notification Act (WARN Act) requires employers to provide 60 days' notice to affected employees, as well as to the highest elected local official, the state's Dislocated Worker Unit, and the chief executive officer of the local government. This notice must be given in the event of a plant closing or mass layoff affecting 50 or more full-time workers.

Question 3

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

Accepted Answer

The federal Whistleblower Protection Act covers most federal employees, including Robert if he is a federal employee.

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.

Accepted Answer

Wrongful discharge suits do indeed challenge an employer's right to unilaterally discharge employees without cause, which is a key aspect of the employment-at-will doctrine.

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.

Accepted Answer

Employers have the legal right to discipline employees for off-duty behavior that negatively affects the workplace, employees or business, as it can impact productivity and create a disruptive atmosphere.

Question 6

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

Accepted Answer

The employment-at-will doctrine allows employers to terminate employees for any reason not prohibited by law, but it does not grant an unrestricted right of termination. There are exceptions based on federal and state laws that protect employees from discrimination, retaliation, and wrongful termination.

Question 7

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

Accepted Answer

Negligent hiring can occur when an employer fails to properly screen job applicants, leading to the employment of someone with a history of violent behavior or criminal activity. This can result in harm to other employees or customers, and the employer may be held liable for any resulting damages.

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.

Accepted Answer

Statements made by an employer regarding job security can create an implied contract if the employee reasonably relies on those statements, altering the at-will employment relationship.

Question 9

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

Accepted Answer

The employment-at-will doctrine allows for either the employer or employee to terminate the employment relationship at any time and for any reason, as long as it is not a discriminatory 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.

Accepted Answer

Having written proof that employees have read employment-at-will disclaimers can help reduce the risk of employees claiming that they had an implied contract and were wrongfully terminated.

Question 11

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

Accepted Answer

Employee rights are the entitlements and protections that employees have in the workplace, including protection against discrimination, harassment, and retaliation, as well as the right to fair wages, working hours, and safe working conditions. These rights are typically established by laws and regulations and are intended to ensure that workers are treated fairly and with respect.

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.

Accepted Answer

Arbitration is a process in which two parties in a dispute agree to submit their case to a neutral third party (an arbitrator) who will make a binding decision that both parties agree to abide by. In this scenario, RioFit and the employee have agreed to submit their dispute to Pat Margen, a retired judge, for 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.

Accepted Answer

An arbiter is a third-party person who is appointed to make a decision in a dispute between two parties. In this scenario, Judge Forner is acting as an arbiter by making a decision to resolve the dispute between KyoTek and an employee.

Question 14

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

Accepted Answer

Explicit contracts are enforceable in court, regardless of whether one party violates the provisions or not. If a breach occurs, the injured party can take legal action to enforce the terms of the agreement or seek damages for the breach.

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.

Accepted Answer

Miguel's decision to quit was a direct result of the intolerable work conditions created by his supervisor, indicating a 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.

Accepted Answer

An implied contract is created when actions and circumstances lead to a reasonable belief that an agreement has been made, without any formal written or spoken agreement. In this case, the manager's statement implies that if Angela meets certain conditions (being a good employee), she will have a permanent job, creating an implied contract between Angela and the company.

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.

Accepted Answer

The statement is true, as the right to privacy is often associated with an individual's right to control their personal information and make choices about how it is shared or used. This includes the notion of personal autonomy and the ability to be left alone.

Question 18

Whistle-blowing is a protected right of employees.

Accepted Answer

Whistle-blowing is a protected right of employees under various laws and regulations, such as the Whistleblower Protection Act in the United States. This means that employees who report illegal or unethical behavior within their organization are protected from retaliation by their employer.

Question 19

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

Accepted Answer

Under the employment-at-will doctrine, either the employer or the employee can terminate employment at any time for any reason, except for reasons that are illegal, such as discrimination or retaliation, which would constitute wrongful discharge.

Question 20

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

Accepted Answer

Courts have recognized that certain statements in employee handbooks or other employment documents can create an implied contract between an employer and employee. For example, if an employee handbook states that employees will only be terminated for cause, this could create an implied contract that the employee will only be terminated for specific reasons.

Quiz 13: Employees Rights and Discipline