Deck 15: Employee Rights and Responsibilities

Question 1

Which of the following is true of the rights of an employee?

A) For the rights of an employee to exist, they must be contained in a formal employment contract that the employee has signed.
B) For the rights of an employee to exist, they must be spelled out at the time of appointment.
C) Moral rights of the employees are typically the result of specific laws or statutes passed by federal, state, or local governments.
D) An employee's contractual rights are based on a specific contract with an employer.

Answer 1

D

Question 2

Which of the following rights does the EAW provide employers with?

A) The right to confidentiality
B) The right to demote
C) The right to establish new rules and regulations
D) The right to discriminate against minorities

Answer 2

B

Question 3

A pharmaceutical research firm prohibits the employees who leave the firm from soliciting business from former customers or clients for a period of two years. This best exemplifies the _____ clause.

A) identification
B) noncompete
C) nonpiracy
D) nonsolicitation

Answer 3

C

Question 4

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, if he quits or is terminated. This best exemplifies the _____ clause.

A) nonpiracy
B) noncompete
C) nonsolicitation
D) unenforceable

Question 5

Individuals outside the normal chain of command who act as problem solvers for both management and employees are called_____.

A) organizational ombuds
B) whistle-blowers
C) union-stewards
D) peer-review panelists

Question 6

Having a "just cause" for employment-related action is necessary primarily for ensuring that_____.

A) statutory law is not implemented
B) whistle-blowing activities are checked
C) the employer steers clear of due process
D) fairness is taken into consideration

Question 7

Rachel manages a team of ten designers in an advertising agency. 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. On the basis of the given information, we can conclude that Rachel_____.

A) encourages external whistle-blowing
B) has established an arbitration system
C) acts as an ombudsman in her company
D) practices an open-door policy

Question 8

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

A) whistle-blowing
B) due process
C) constructive discharge
D) voluntary turnover

Question 9

Matt accepts a job offer as a chemical engineer in the R&D department of Tulip Inc., 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 which could 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 advances made by Matt on the job fall under the management and control of his 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% of the total profits gained.
D) The company can receive a fine up to $5 million for drawing a contract that is unenforceable.

Question 10

Explicit employment contracts are more likely to be used by companies while hiring CEOs when_____.

A) the CEO was promoted from within the company instead of being hired from outside
B) the CEO has served a number of years on the company's board of directors
C) the company environment and employment situation was risky for the CEO because of uncertainty
D) the CEO received lesser-than-normal compensation, much of which constituted the basic fixed pay

Question 11

Amber is working as a sales associate in a department store. When a few high-priced products are found missing from the store, Amber is accused of theft and fired from the job. Neither an investigation is conducted nor is Amber allowed to explain herself. Which of the following is true of the given scenario?

A) Amber's right to arbitration has been violated.
B) Due process has not been followed by the employer.
C) Amber's statutory rights are upheld.
D) Amber is not given the option of involuntary turnover.

Question 12

An employer is guilty of _____ if an employee is terminated for reasons that are illegal or improper.

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

Question 13

Grace is asked by her employer to quit her job on the grounds that she is not punctual. Considering that the law 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 commonly seen federal crime.

Question 14

Claudia, when selected as a senior engineer by her company, is promised that she would start working on live projects within three months from her joining date. She signs a contract stating that she would 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) The supervisor has violated an employment law by making a promise.
C) Claudia has an implied contract with the company.
D) The supervisor cannot be challenged in a court.

Question 15

After a personality conflict with his manager, Will is asked by the manager to work for 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) whistle-blowing
B) due process
C) constructive discharge
D) involuntary turnover

Question 16

Emily is an attorney who has been fired by her employer after she accidentally witnesses a senior attorney, who is also a close friend of the manager, accepting bribe from a client. Emily_____.

A) has no recourse because she is an at-will employee
B) can seek legal recourse because attorneys are not bound by the EAW
C) can sue her employer because the reason for her firing is a violation of public policy
D) should be granted compensatory salary for two months for being fired at a short notice

Question 17

Jeff is a private investigator. According to an agreement with one of his clients, Jeff is required to perform background checks on all the applicants for managerial-level vacancies in the company for a year, for a fixed fee payable every month. He has complete access to all employee-related documents in the company. These provisions made in the agreement are _____.

A) implied obligations
B) responsibilities with few rights
C) contractual rights
D) social responsibilities

Question 18

Considering the reciprocal nature of rights and responsibilities, if an employee has the right to a safe working environment, then the employer has_____.

A) a duty to enforce the right only if it is mentioned in the employment contract
B) an obligation to improve working conditions so as to fulfill that right
C) the right to demand compliance to everything the company asks for
D) the right to terminate employees in case of workplace injuries

Question 19

Employment-at-will is a common-law doctrine holding 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 a just cause for terminating them
D) an employer has the right to hire, fire, demote, or promote whomever it chooses

Question 20

The concept of distributive justice primarily stresses_____.

A) perceived fairness of the processes used to make decisions about employees
B) perceived fairness in the allocation of outcomes among employees
C) perceived fairness about how a person interacts with others
D) perceived fairness about avoiding open-door policies

Question 21

Discipline is most constructively viewed as _____ that enforces organizational rules.

A) persistent persuasion
B) negative reinforcement
C) punishment
D) training

Question 22

The CEO of a drug manufacturing company suspects that one of the senior scientists in the company has been selling confidential information to a competitor. When asked to take a polygraph test by the CEO, the scientist becomes visibly upset and refuses to take the test. 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 can face legal charges for refusing to take the polygraph test.
C) The scientist cannot be fired for refusing to take the polygraph test.
D) The scientist can sue the firm for illegally attempting to conduct the polygraph test.

Question 23

Which of the following statements is true of employee handbooks?

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

Question 24

The monitoring of an employee's activities on company systems is primarily used for_____.

A) keeping track of all employee interactions to obtain information on their feelings and perceptions regarding the workplace
B) controlling employee access to illegal Web sites that could create problems with law enforcement agencies
C) identifying the whistle-blowers among the employees to keep track of their activities
D) reading through employee mails for signs of dissatisfaction among employees that could lead to high attrition rates

Question 25

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

Question 26

The Fair and Accurate Credit Transaction Act (FACT)_____.

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

Question 27

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) policy
B) procedure
C) rule
D) request

Question 28

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

A) Random testing of male employees at periodic intervals
B) Testing only when there is probable cause
C) Testing employees only when they are not on duty
D) Testing only after getting consent from immediate family members

Question 29

The Drug-Free Workplace Act of 1988_____.

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

Question 30

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

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

Question 31

The Employee Polygraph Protection Act_____.

A) allows employers to fire an employee accused of a crime in the workplace if the employee refuses to take a polygraph test
B) requires employees to be advised of their rights to refuse to take the test
C) allows polygraphs to be used to screen new applicants in selected industries
D) requires law enforcement personnel to be present when a polygraph test is being administered in the workplace

Question 32

Which of the following employer actions would most likely be a violation of employee privacy?

A) Reading an employee's business e-mails
B) Recording the phone conversations of customer care employees
C) Placing video cameras in rest rooms
D) Monitoring employee blogs

Question 33

_____ typically provide specific customary methods to employers for handling activities.

A) Procedures
B) Policies
C) Code of conduct
D) Yellow-dog contracts

Question 34

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

A) Training 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 policies and rules
D) Designing formal mechanisms for coordinating HR policies

Question 35

Employees cannot be disciplined for including work-related comments in their blogs if the_____.

A) blog content is harmless and positive
B) statements in the blog are negative
C) employees work for private companies
D) employees work for federal agencies

Question 36

Which of the following statements is true of whistleblowing?

A) Several laws protect whistleblowers.
B) Whistleblowing is legal only if the internal management of a company is alerted by the whistle-blower and not the public.
C) For private employers to receive federal stimulus funding, they need not have the same whistleblowing regulations as the federal government.
D) Whistleblowers typically report wrongdoing in order to punish the organization for perceived personal mistreatment.

Question 37

According to the Data Protection Act, which of the following should be avoided by the employers?

A) Restricting access to employee records
B) Informing employees about the types of data being retained
C) Keeping as much information and personal details as possible
D) Purging employee records of outdated data

Question 38

According to the Data Protection Act, personnel files and records should ideally be maintained by employers for_____.

A) 1 year
B) 2 years
C) 3 years
D) 5 years

Question 39

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

A) companies operating at the state level
B) companies operating in the private sector
C) agencies that are associated with the states where the law has been passed
D) federal agencies and organizations supplying services to the federal government

Question 40

Ken works in a pharmaceutical company that sells antibiotics at a low cost to several African countries. He later gets to know that most of these drugs are expired antibiotics that have been re-packaged by the company. Ken immediately informs one of his friends, a federal agent, regarding 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 41

The final stage of both the progressive and the positive approaches to discipline is_____.

A) suspension
B) counseling
C) termination
D) mediation

Question 42

It is common practice for terminated employees to be removed from the workplace as soon as possible, either by preventing them from returning to their work station or by requiring the terminated employee to clear out his/her work station under the supervision of security personnel. This policy is primarily intended to_____.

A) prevent violence or sabotage by the terminated employee
B) serve as a learning for co-workers that certain behaviors in the workplace have serious consequences
C) satisfy legal requirements surrounding termination procedures
D) humiliate the terminated employee as part of the discipline process

Question 43

The complaint procedures used to provide due process for unionized employees often differ from those for nonunion employees.

Question 44

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 to sue the employer in return of certain benefits. This best exemplifies a(n)_____.

A) separation agreement
B) yellow-dog contract
C) severance contract
D) employment contract

Question 45

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

Question 46

If employees have a legal right to some benefit, they also have a moral right to the same.

Question 47

_____ typically incorporates a sequence of steps, each becoming more stringent, that are designed to change an employee's inappropriate behavior.

A) Progressive discipline
B) Self-discipline
C) Peer-review
D) Positive discipline

Question 48

An agreement in which an employee who is being terminated agrees not to sue the employer in exchange for specific benefits is called a_____.

A) yellow-dog contract
B) separation agreement
C) non-enforceable contract made under duress
D) severance contract

Question 49

The _____ approach to discipline builds on the philosophy that violations of procedures and rules by employees are actions that usually can be constructively corrected without penalty.

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

Question 50

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 51

Unionized employees are free agents, unrestrained by any implied or written contracts.

Question 52

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

A) Face-to-face session
B) Videoconference
C) Telephonic interaction
D) Email

Question 53

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

Question 54

The employment-at-will doctrine overrides implied contracts.

Question 55

If an employer deliberately makes conditions intolerable for an employee as an attempt to force an employee to resign, the employer is guilty of wrongful discharge.
.

Question 56

The goal of counseling as part of the positive discipline process is to_____.

A) use verbal reprimands to discipline an employee before resorting to dismissal
B) use written reprimands and suspension to discipline an employee before resorting to harsh measures
C) encourage the employee to consider voluntary resignation
D) heighten employee awareness of organizational policies and rules

Question 57

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

Question 58

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 would help her work on her productivity issues. This best exemplifies the _____ discipline approach.

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

Question 59

An employee has rights and responsibilities beyond those spelled out in the job description, employment contract, HR policies, and the employee handbook.

Question 60

Mere employee expectations about acceptable behavior and performance cannot legally be considered an implied contract.

Question 61

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

Question 62

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

Question 63

The Dodd-Frank Act protects whistleblowers and provides financial incentives to individuals who report wrongdoing.

Question 64

Including a disclaimer in an employee handbook that employees can be terminated at any time with or without cause does not imply that the right of employment-at-will holds.

Question 65

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

Question 66

Counseling is the last step before the termination of an employee in the positive approach to discipline.

Question 67

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

Question 68

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

Question 69

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

Question 70

Operating managers, and not HR staff, are the main users and enforcers of rules, procedures, and policies in a company.

Question 71

Under the Fair and Accurate Credit Transactions Act, employers are allowed to bring in private investigators without first notifying the employees under investigation or getting their permission.

Question 72

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

Question 73

The Data Protection Act requires employers to keep personnel records up-to-date and keep only the details that are needed.

Question 74

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

Question 75

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

Question 76

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

Question 77

The Privacy Act of 1974applies only to federal agencies and to organizations supplying services to the federal government.

Question 78

Evaluative mediation techniques point out the potential weaknesses in each side's case and offer potential settlement options.

Question 79

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

Question 80

Organizational newsletters, company magazines, and email announcements are examples of upward communication within a company.