Question 1

Which of these actions by an employer would most likely result in a claim for defamation?

Accepted Answer

A) getting a signed consent  from a former employee, authorizing the employer to provide information about her job performance 
B) providing a letter of reference for an employee who is being terminated, stating the reasons for dismissal 
C) giving only information that verifies that the former employee worked there, but nothing else 
D) giving all information about the reasons for dismissal, with which the employee disagrees 
A) getting a signed consent  from a former employee, authorizing the employer to provide information about her job performance 
B) providing a letter of reference for an employee who is being terminated, stating the reasons for dismissal 
C) giving only information that verifies that the former employee worked there, but nothing else 
D) giving all information about the reasons for dismissal, with which the employee disagrees D

Question 2

After three weeks in your new position as Assistant Human Resources Director, the HR Director has asked you to take a candidate all the way through the process, from application to interview, to background check. The firm has an opening for an electrical engineer who is proficient with construction blueprints.  The engineer will be helping to build the company's new warehouse, which is about to begin construction. Which of the following steps would be necessary to take during the background check?

Accepted Answer

A) do a thorough criminal background check through all 50 states 
B) check to see that the applicant has a degree in electrical engineering 
C) check references at all of the applicant's former places of employment, going back to high school 
D) check the applicant's GPA on courses for electrical engineering 
A) do a thorough criminal background check through all 50 states 
B) check to see that the applicant has a degree in electrical engineering 
C) check references at all of the applicant's former places of employment, going back to high school 
D) check the applicant's GPA on courses for electrical engineering B

Question 3

You have been hired as the assistant director of a company's Human Resource Department.  The director calls you in and tells you that she is considering a suggestion to the Board of Directors that the company adopt a policy of refusing to give substantive information on employee references.  She asks you if adopting such a policy makes sense.  What advice will you give to her? ​

Accepted Answer

Students answers will vary, but they should note that there is no requirement (other than a service letter requirement in some states)that the company even respond to requests for references. However, some sort of response would likely foster good-will with companies making the request so providing responses should benefit the company over time.  Failing to give substantive information may result in other employers also refusing to give substantive information about their former employees. 
With the possibility of law suits for providing derogatory or negative information, failing to provide substantive information would certainly reduce the company's exposure.  Even though the frequency of defamation law suits is not high and employee successes are minimal, the cost of defending law suits does cause a concern.  Substantive references also give rise to the possibility of negligent referral and retaliation law suits if improper information is accidentally transmitted.  While these suits are also relatively infrequent, the cost of defense must be paid. The courts have already litigated and decided that failure to give substantive information cannot be an implication that the information, if provided, would have been negative.  Therefore, limiting referrals to dates of employment and possibly job titles, without other substantive information would be the safest course of action for the company, although perhaps not the best course of action. ​

Question 4

As its name implies, the Fair Credit Reporting Act applies only to reports regarding creditworthiness.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is true regarding criminal background checks?

Accepted Answer

A) an employer is required to do a criminal background check for all applicants; otherwise, it may be deemed guilty of discrimination if it does background checks for some types of jobs but not for others 
B) a thorough criminal background check is required only when the applicant will be working with money 
C) employers should consider the seriousness, recency, and  job-relatedness of convictions before denying employment on that basis 
D) If an employer does a criminal background check, the employer must check all state and federal databases 
A) an employer is required to do a criminal background check for all applicants; otherwise, it may be deemed guilty of discrimination if it does background checks for some types of jobs but not for others 
B) a thorough criminal background check is required only when the applicant will be working with money 
C) employers should consider the seriousness, recency, and  job-relatedness of convictions before denying employment on that basis 
D) If an employer does a criminal background check, the employer must check all state and federal databases

Question 6

Which of the following statements is NOT true?

Accepted Answer

A) Employers may contact an applicant's previous employers 
B) Employers may conduct a thorough and comprehensive background check of every applicant 
C) Employers may obtain an applicant's consumer credit report 
D) Employers may perform a criminal background check searching for arrests 
A) Employers may contact an applicant's previous employers 
B) Employers may conduct a thorough and comprehensive background check of every applicant 
C) Employers may obtain an applicant's consumer credit report 
D) Employers may perform a criminal background check searching for arrests

Question 7

Under the Fair Credit Reporting Act, employers must do which of the following?

Accepted Answer

A) notify an applicant that the employer plans to reject her based on information from a credit report 
B) obtain the consent of an applicant before conducting any background check 
C) verify that the information in a credit report reasonably appears to be accurate 
A) notify an applicant that the employer plans to reject her based on information from a credit report 
B) obtain the consent of an applicant before conducting any background check 
C) verify that the information in a credit report reasonably appears to be accurate

Question 8

A project manager applied for a job, and listed his previous employer as a reference. When the prospective employer called, the man who gave a reference for the project manager falsely implied that the project manager was incompetent, even though he had never worked with or supervised the employee, nor checked any employment records.  The project manager did not get the new job. If the project manager sues his former employer for defamation, the court will likely rule that:  ​

Accepted Answer

A) the employer did not defame the former employee because its statements were merely opinions and did not purport to be factual ​ 
B) the employer did not defame the former employee because the statements, although harsh, were truthful 
C) the employer defamed the former employee because statements made in references are not subject to qualified privilege 
D) the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made 
A) the employer did not defame the former employee because its statements were merely opinions and did not purport to be factual ​ 
B) the employer did not defame the former employee because the statements, although harsh, were truthful 
C) the employer defamed the former employee because statements made in references are not subject to qualified privilege 
D) the employer defamed the former employee because the employer was recklessly indifferent to the truthfulness of the statements made

Question 9

While doing a background check on a candidate who is superbly qualified for the sales job for which he has applied, you learn that he was dishonorably discharged from the U.S. Army. When you ask him about it, he explains that he was 18 years old at the time, and the death of his father, whom he had only recently met, had a devastating impact on him. He began to drink to excess, often failed to report to his duty station. After his dishonorable discharge, he righted himself, started working, and got counseling. Everyone at your firm who has interviewed him found him to be very personable, and very able, and they're eager for him to start. You've told them about the dishonorable discharge, and it's made no difference to their decision. Should you tell other employees about the dishonorable discharge? ​

Accepted Answer

A) Yes 
B) No 
A) Yes 
B) No

Question 10

A salesman was to attend a meeting in a nearby city, but as he traveled there in his car, traffic was light, and he arrived about an hour early. Deciding not to waste the time, he went to a nearby shopping center to search for a birthday gift for his son. He found a tablet that he knew the boy would like, and headed out to drive to the building where the meeting was to be held. As he backed out of the parking space, however, he hit another car, damaging the car and injuring the driver. Under the doctrine of respondeat superior , is his employer liable for the accident? Why or why not?  ​

Accepted Answer

A) Yes, the employer is liable for the accident because the salesman was driving to attend a company meeting 
B) No, the employer is not liable for the accident because the salesman was on an errand of his own at the shopping center 
A) Yes, the employer is liable for the accident because the salesman was driving to attend a company meeting 
B) No, the employer is not liable for the accident because the salesman was on an errand of his own at the shopping center

Question 11

The Immigration Reform and Control Act:

Accepted Answer

A) requires that employers not hire or employ aliens 
B) requires that employers not discriminate based on national origin and citizenship 
C) allows employers to hire an unlimited number of foreign nationals under the H-1B visa program 
D) requires that employers check the authenticity of work authorization documents offered by the applicant 
A) requires that employers not hire or employ aliens 
B) requires that employers not discriminate based on national origin and citizenship 
C) allows employers to hire an unlimited number of foreign nationals under the H-1B visa program 
D) requires that employers check the authenticity of work authorization documents offered by the applicant

Question 12

Why is each of the following good legal advice? ​
a.Background checks must be more extensive when hiring for positions in which unfit employees could do serious harm to others. ​ 
b.Employers should document all efforts to obtain information on job candidates, even when those efforts are not successful.
c. Former employers should verify the identities of persons seeking information about former employees, such as by requiring that requests be made on company letterhead.
d.Employers should consider, on an individual basis, the seriousness, job relatedness, and recentness of any criminal convictions before using them as grounds for denying employment. 
e. For all persons hired, employers must view documents establishing identity and eligibility to work in the U.S. and record the documents examined on I-9 forms. ​

Accepted Answer

a. Negligent hiring, foreseeability - Th

Question 13

A company hired a file clerk, but did not inquire into his criminal history. In fact, he has had several convictions for driving while intoxicated. On a lunch break, he got drunk and assaulted a waitress at a nearby restaurant.  If the waitress sues the employer, a court would most likely decide that:

Accepted Answer

A) the employer is liable under respondeat superior for the harmful act of the employee because it occurred during the workday 
B) the employer is liable for negligent hiring because the employer had an obligation to check his criminal background, it did not do so, and this led to him harming another person 
C) the employer is not liable for negligent hiring because the employee did not assault the waitress on company property 
D) the employer is not liable for negligent hiring because the job does not subject people to risk, and the evidence of unfitness was not related to the job 
A) the employer is liable under respondeat superior for the harmful act of the employee because it occurred during the workday 
B) the employer is liable for negligent hiring because the employer had an obligation to check his criminal background, it did not do so, and this led to him harming another person 
C) the employer is not liable for negligent hiring because the employee did not assault the waitress on company property 
D) the employer is not liable for negligent hiring because the job does not subject people to risk, and the evidence of unfitness was not related to the job

Question 14

Which of the following is a defense to a defamation claim against an employer?

Accepted Answer

A) the employee gave his consent to make the statement 
B) the statement was made by the director of the Human Resources Department 
C) the statement was mostly true 
D) the employee is known to lie 
A) the employee gave his consent to make the statement 
B) the statement was made by the director of the Human Resources Department 
C) the statement was mostly true 
D) the employee is known to lie

Question 15

An employer has the right to check references and generally delve into the background of job applicants, and the applicants have no expectation of privacy if they apply for a job.

Accepted Answer

A) True 
 B)False

Question 16

Negligent hiring:

Accepted Answer

A) makes employers liable for harm that occurs when employees act within the scope of their employment 
B) makes employers liable for any harm that is caused by their employees 
C) makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment 
D) holds employers blameless for harm caused by their employees outside the scope of their employment 
A) makes employers liable for harm that occurs when employees act within the scope of their employment 
B) makes employers liable for any harm that is caused by their employees 
C) makes employers liable for harm that occurs when employees who were not properly screened act outside the scope of their employment 
D) holds employers blameless for harm caused by their employees outside the scope of their employment

Question 17

In order to avoid liability for negligent hiring, the primary question an employer must consider is:

Accepted Answer

A) whether the employer's own written hiring policies are adequate 
B) whether placing an unfit person in the particular job could be expected to result in harm 
C) whether there is evidence of a candidate's unfitness that could be found through a thorough personal interview with the applicant 
D) whether the employer complied with its own written hiring policies 
A) whether the employer's own written hiring policies are adequate 
B) whether placing an unfit person in the particular job could be expected to result in harm 
C) whether there is evidence of a candidate's unfitness that could be found through a thorough personal interview with the applicant 
D) whether the employer complied with its own written hiring policies

Question 18

Which of the following is a true statement regarding employer compliance with the Immigration Reform and Control Act?

Accepted Answer

A) employers must verify a person's eligibility to work in the United States before the new employee begins work 
B) employers are required to copy and retain copies of the documents used by the employee to prove eligibility to work in the United States 
C) if they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee 
D) employees must present certified copies of whatever documents they use to verify eligibility to work 
A) employers must verify a person's eligibility to work in the United States before the new employee begins work 
B) employers are required to copy and retain copies of the documents used by the employee to prove eligibility to work in the United States 
C) if they appear to be genuine, employers are not required to investigate or verify the authenticity of documents presented or supplied by the employee 
D) employees must present certified copies of whatever documents they use to verify eligibility to work

Question 19

Mike is the chair of the management department at a local university and Tom is an ethics professor in that department.  They dislike each other immensely due to a number of professional and social disagreements.  Mike calls Tom into his office and closes the door.  He then informs Tom that he believes that Tom is guilty of plagiarism and also guilty of an improper sexual relationship with Kathy, a 19 year old management student.  In fact, Tom is a happily married man who is extremely well respected in the community and has never committed adultery.  Deeply believing in ethics, he has never committed plagiarism in his life.  Furthermore, he has always been absolutely professional with regard to his student Kathy.  Tom vehemently denies these charges and as he gets up to leave, Mike states, "Give me any more trouble and I go public."  Tom goes right to his attorney who files a defamation law suit that afternoon. ​

Accepted Answer

A) Tom will win because the statements are both lies, challenging his integrity and character 
B) Tom will win because his reputation has been damaged 
C) Mike will win because as chair, he has a qualified privilege to make these types of statements 
D) Mike will win because the statements were not published 
A) Tom will win because the statements are both lies, challenging his integrity and character 
B) Tom will win because his reputation has been damaged 
C) Mike will win because as chair, he has a qualified privilege to make these types of statements 
D) Mike will win because the statements were not published

Question 20

A former employee of your firm was dismissed when it was suspected that she had stolen from the petty cash account. It could not be proven, but suspicions were strong enough that the firm decided to let her go. She has now applied at another firm, and listed your firm as a reference. What should you do?

Accepted Answer

A) tell the prospective employer about your suspicions, or you might be held liable if she steals money from them and you didn't tell them 
B) don't tell them about your suspicions; just give her a glowing reference 
C) don't tell them about your suspicions; just give a "service" reference 
D) any of these is an acceptable choice 
A) tell the prospective employer about your suspicions, or you might be held liable if she steals money from them and you didn't tell them 
B) don't tell them about your suspicions; just give her a glowing reference 
C) don't tell them about your suspicions; just give a "service" reference 
D) any of these is an acceptable choice

Which of these actions by an employer would most likely result in a claim for defamation?

As its name implies, the Fair Credit Reporting Act applies only to reports regarding creditworthiness.

Which of the following is true regarding criminal background checks?

Which of the following statements is NOT true?

Under the Fair Credit Reporting Act, employers must do which of the following?

The Immigration Reform and Control Act:

Which of the following is a defense to a defamation claim against an employer?

An employer has the right to check references and generally delve into the background of job applicants, and the applicants have no expectation of privacy if they apply for a job.

Negligent hiring:

In order to avoid liability for negligent hiring, the primary question an employer must consider is:

Which of the following is a true statement regarding employer compliance with the Immigration Reform and Control Act?

Overview of Employment Law

The Employment Relationship

Overview of Employment Discrimination

Recruitment

Employment Testing

Hiring and Promotion Decisions

Harassment

Reasonably Accommodating Disability and Religion

Work-Life Conflicts and Other Diversity Issues

Wages, Hours, and Pay Equity

Benefits

Unions and Collective Bargaining

Occupational Safety and Health

Privacy on the Job

Terminating Individual Employees

Downsizing and Post Termination Issues

Filters

Exam 5: Background Checks, References, and Verifying Employment Eligibility

Which of these actions by an employer would most likely result in a claim for defamation?

As its name implies, the Fair Credit Reporting Act applies only to reports regarding creditworthiness.

Which of the following is true regarding criminal background checks?

Which of the following statements is NOT true?

Under the Fair Credit Reporting Act, employers must do which of the following?

The Immigration Reform and Control Act:

Which of the following is a defense to a defamation claim against an employer?

An employer has the right to check references and generally delve into the background of job applicants, and the applicants have no expectation of privacy if they apply for a job.

Negligent hiring:

In order to avoid liability for negligent hiring, the primary question an employer must consider is:

Which of the following is a true statement regarding employer compliance with the Immigration Reform and Control Act?

Overview of Employment Law

The Employment Relationship

Overview of Employment Discrimination

Recruitment

Employment Testing

Hiring and Promotion Decisions

Harassment

Reasonably Accommodating Disability and Religion

Work-Life Conflicts and Other Diversity Issues

Wages, Hours, and Pay Equity

Benefits

Unions and Collective Bargaining

Occupational Safety and Health

Privacy on the Job

Terminating Individual Employees

Downsizing and Post Termination Issues

Filters