Deck 12: Final Match

Question 1

A third party is someone other than the employer or the offer receiver who speaks on their behalf in the establishment or modification of employment contracts.

Answer 1

True

Question 2

Which of the following circumstances makes it less likely an oral statement about weekend work would be legally enforceable as a contract term?

A) The statement was made in the workplace.
B) The statement is not supported by a written policy.
C) The statement was made by an organizational manager.
D) The statement was a specific one.

Answer 2

B

Question 3

It is very important for an organization to know, in advance, whether an individual will be classified as either an employee or an independent contractor.

Answer 3

True

Question 4

With a tight labor market, the organization will be in a position to provide lower cost offers.

Question 5

If a letter of acceptance says an employee needs to work on weekends, but the employer makes an oral promise that the employee will not have to work on weekends, the oral statement could be legally binding.

Question 6

Terms and conditions of employment offered by employers unintentionally are not legally enforceable.

Question 7

Upon acceptance, a formal job offer in which consideration is provided to employees becomes a contract.

Question 8

If a co-worker promises a prospective employee overtime hours while visiting the prospective employee in his/her home, this promised "term" of the employment would likely be legally enforceable.

Question 9

Statements in employee handbooks can be construed as employment contracts.

Question 10

The "one year rule" ensures that oral agreements for time intervals greater than one year are legally enforceable.

Question 11

In order for "promissory estoppel" claim to apply when a job offer is made, the offer recipient must suffer a detrimental effect.

Question 12

It is extremely important for organizations to be sure to keep promises that they make to job applicants in order to avoid subsequent lawsuits.

Question 13

Which of the following statements about written contracts is false?

A) The law favors written contracts over oral contracts.
B) A statement on a job application blank could be construed as a written contract.
C) Written statements in employee handbooks that are unintended as contracts cannot be construed as contracts.
D) Internal job posting notices can be construed as written job contracts.

Question 14

The law is relatively indifferent between the use of written contracts and the use of oral contracts.

Question 15

In order to improve the chances of winning a law suit based on "promissory estoppel," the most important point the plaintiff must demonstrate is that ____.

A) the promise was accurate
B) the promise was made in good faith
C) the defendant reneged on the promise
D) the promise was withdrawn, resulting in a detrimental effect

Question 16

Consideration in a contract entails __________.

A) evidence that both parties agree to the terms as offered
B) a polite exchange of information
C) the exchange of something of value between the parties to the contract
D) none of the above

Question 17

The three elements required for a contract to be legally binding are: offer, acceptance, and written documentation.

Question 18

Which of the following elements are required for a contract to be legally binding and enforceable?

A) offer
B) acceptance
C) consideration
D) all of the above

Question 19

A disclaimer on an employment application blank stating that the employee can be terminated "with or without cause" and "with or without notice" is legally enforceable.

Question 20

Which of the following statements about disclaimers is false?

A) They can appear in almost any written documents made available to job applicants or employees.
B) They can be used to limit employee rights.
C) They are never oral.
D) Their receipt by employees should be acknowledged in some formal way.

Question 21

Long-term variable pay plans provide employees ownership opportunities as the value of the organization increases are applicable only in the ____.

A) public sector
B) private sector
C) technology sector
D) none of the above

Question 22

Hiring bonuses can be problematic because recipients of these bonuses might take the bonus and then quit soon after.

Question 23

Non-compete agreements that would keep employees from indefinitely practicing their trade or profession are not enforceable.

Question 24

The use of short-term incentive pay, like commissions or production bonuses, is common among private sector organizations.

Question 25

The least common form of long-term variable pay in the private sector is the cost of living adjustment.

Question 26

A hot skill premium is a permanent pay premium added to the regular base pay to account for market escalation in pay for certain skills in extreme shortage.

Question 27

Which of the following is true regarding long-term variable pay?

A) Stock options qualify for special tax treatment for employees.
B) Small public organizations are more likely to provide stock options than large public organizations.
C) Stock options guarantee a fixed rate of return on investment.
D) None of the above

Question 28

The strategic approach to job offers involves considering the total package of extrinsic and intrinsic rewards that the offered job will provide to the finalist.

Question 29

A non-compete agreement restricts a departing employee from competing against the organization.

Question 30

Most organizations provide some form of specific "just cause" guarantee regarding terminations during their job offers.

Question 31

Which of the following is not a choice involved in a strategic approach to job offers?

A) determining a compelling offer the finalists will find difficult to turn down
B) deciding which short and long term pressures to respond to in an offer
C) deciding on specific pay levels that will apply to all individuals
D) determine whether there will be a "standard offer" for all finalists or whether "enhanced offers" will be possible for some finalists

Question 32

One reason organizations often opt out of flat pay rates in favor of differential pay rates, is because job applicants are similar in KSAO quality.

Question 33

Written job offers should normally contain terms of acceptance that require acceptance without revision.

Question 34

An organization should provide a definite starting date for an offer, or else the acceptance and consideration of the offer occur whenever the new hire actually begins to work.

Question 35

Terms and conditions that the organization states the employee is entitled to upon departure from the organization constitute _________.

A) pay rates
B) health benefits
C) severance packages
D) life insurance

Question 36

Flat pay rate job offers are least appropriate for _______.

A) situations where applicants have very dissimilar KSAOs
B) jobs with a plentiful supply of applicants
C) situations where management desires to avoid inequities in starting pay among new employees
D) jobs where applicants have KSAOs of similar quality

Question 37

A _____ contract provides certainty to both the new hire and the organization regarding the length of the employment relationship.

A) variable premium
B) fixed annuity
C) fixed-term
D) latent variable

Question 38

Which of the following is likely to be a contingency related to a job offer?

A) satisfactory reference checks
B) job salary
C) job benefits
D) job vacation privileges

Question 39

Hiring bonuses tend to enhance employee performance motivation.

Question 40

Golden handcuff agreements legally bar employees from quitting a job for a specific period of time.

Question 41

The most sensible approach for addressing the issue of applicant truthfulness would be to ________.

A) receive applicant information in good faith since the majority of applicants will be honest and it is not fair to inconvenience everyone with more verification because of a few "bad apples"
B) treat applicants with trust and they will respond with honesty in most cases
C) have applicants provide independent, third-party documentation of all job information provided on application blanks
D) verify the applicant information provided that is deemed most vital

Question 42

In using information about competitors to structure job offers, which of the following statements is not useful as a general guideline?

A) It makes a difference who the competitors are.
B) Competitive offers should always be matched to ensure acceptance.
C) Analysis of competitive advertisements should be performed in order to have the "market information" needed to prepare effective job offers.
D) Trade associations should be consulted for competitive information whenever possible.

Question 43

As a general rule concerning job offers, it can be said that __________.

A) "low ball" job offers are expensive to the organization
B) "competitive" job offers have no important drawbacks
C) "competitive" job offers tend to leave room to negotiate
D) "competitive" offers usually stimulate the most positive reactions on the part of offer recipients

Question 44

Most rejection messages sent to applicants are _________.

A) specific in terms of the reason for the rejection
B) not conveyed by formal means
C) vague in content
D) designed carefully to "soften the blow" of the rejection

Question 45

When rejecting job applicants, most organizations do so with a rejection message to the applicant that is short and vague in content.

Question 46

The sales approach to presenting a job offer has been adopted by many organizations because ________.

A) mechanical presentations of job offers have been proven not to work
B) they apply to all situations
C) they cost less than mechanical presentations
D) they may increase the likelihood of bringing job offers to closure

Question 47

A currently employed offer receiver normally incurs costs for leaving and will expect a "make whole" offer amounting to 20-30% of the offer receiver's current base pay.

Question 48

When job offer negotiating strategies are to be used as part of an aggressive EEO/AA recruitment program, the strategy most appropriate to be used in such a situation is the "competitive strategy."

Question 49

Studies of job seekers graduating from hotel administration and engineering programs showed that job offers involving _____ are seen more favorably.

A) pay contingent on performance
B) pay raises based on group performance
C) a flexible benefits package
D) pay pegged to skills

Question 50

A _____ is a right to purchase a share of stock for a predetermined price at a later date.

A) stock option
B) profit share
C) realized dividend
D) mutual fund

Question 51

Applicant dishonesty is a common problem as relates to the reporting of the applicant's current salary.

Question 52

The most commonly negotiated element of a job offer is ___.

A) severance packages
B) educational assistance
C) salary
D) paid time off

Question 53

Access to typical salary information for various occupations or job titles is very hard to come by, especially for job seekers.

Question 54

Non-compete agreements should be drafted in such a way that they cover ____.

A) high-value employees
B) experienced employees
C) all employees
D) only managerial, technical, and scientific staff

Question 55

Organizations can gauge the likely reactions of job applicants to job offers not only by conducting formal research, but also by gathering information about various preferences from the offer recipient during the actual recruitment/selection process.

Question 56

______ prohibit current or departing employees from the unauthorized use or disclosure of information during or after employment.

A) Non-compete agreements
B) Retainers
C) Confidentiality clauses
D) Mixed-motive contracts

Question 57

Which of the following statements about reneging on job offers is false?

A) reneging is often caused by sudden changes in circumstances, such as a change in health status
B) there are substantial legal concerns about reneging
C) most employers feel the level of reneging has increased dramatically in recent years
D) solid evidence on reneging and why it occurs is lacking

Question 58

An advantage of the "competitive strategy" for negotiating initial job offers is that this strategy repeatedly yields acceptances from the highest quality (KSAOs) applicants.

Question 59

The lowball strategy will be especially effective for desperate or unknowledgeable employees.

Question 60

A temporary pay premium added to the regular base pay of an employee to account for a temporary market escalation in pay for certain skills in extreme shortage is called a(n) ____________.

A) hot skill premium
B) tight labor market adjustment
C) key skill premium
D) none of the above

Question 61

One way to improve employee socialization outcomes is to provide realistic requirement information regarding job requirements and rewards.

Question 62

Negligent hiring claims are made when an employer fails to provide adequate compensation and benefits to a new hire.

Question 63

Research suggests that socialization programs are equally effective when conducted online relative to person-to-person.

Question 64

The delivery of newcomer socialization should be the responsibility of __________.

A) his/her supervisor
B) a mentor or sponsor
C) the HR department
D) all of the above

Question 65

Having applicants sign release statements so the employer can do background investigations is a legal means for minimizing the possibility of negligent hiring.

Question 66

Clarifying job requirements and knowledge of skills are the only demonstrated methods for consistently improving employee socialization.

Question 67

The goal(s) of the socialization process is(are) ___________.

A) to achieve an effective person/job match
B) to achieve an effective person/organization match
C) to help the newcomer fit into the job in the long-term
D) all of the above are true

Question 68

It is best to ask for proof of employment eligibility prior to making a job offer.

Question 69

Effective orientation training should include __________.

A) sources of influence in the organization
B) integrating the newcomer into the work unit and team
C) conducting active mentoring for the newcomer
D) all of the above

Question 70

Research has shown that ____ facilitates employee socialization to a new job.

A) clarifying job requirements and knowledge and skills to be acquired
B) minimizing biasing contact from current co-workers
C) providing a highly positive recruitment message regarding job requirements at rewards
D) all of the above

Question 71

What is the relationship between orientation and socialization activities?

A) Orientation covers job content, socialization covers social content.
B) Orientation is usually a small group activity, socialization is one on one.
C) Orientation is typically an immediate activity for new hires, which overlaps with more long-term socialization.
D) Orientation is formal, socialization is informal.

Question 72

To reduce the likelihood of negligent hiring lawsuits organizations should _____.

A) emphasize characteristics like licensure requirements, criminal records, and references
B) avoid gathering too much KSAO information because it can be used to demonstrate that an organization "should have known" an employee would be a problem
C) refuse to fire individuals with a history of mental illnesses
D) none of the above are useful to prevent negligent hiring suits

Question 73

From the newcomer's perspective, likely components for inclusion in the socialization process include addressing _________.

A) performance proficiency
B) organization goals and values
C) politics
D) all of the above are correct

Question 74

Although organizations are strongly encouraged to check the authorization to work of all employees, they cannot discriminate against applicants on the basis of country of origin.

Question 75

Which of the following statements about negligent hiring lawsuits against employers is accurate?

A) monetary damages are usually leveled against the employee found to be at fault
B) the plaintiff must present evidence the injury or harm was a foreseeable consequence of hiring the unfit employee
C) the employer has the initial burden to present evidence of proper hiring practice in such cases
D) suits of this kind are decreasing as companies in the private sector recognize the liabilities involved

Question 76

Orientation should focus on the person/job match exclusively.

Question 77

In general, the employment relationship is an at-will one.

Question 78

Under the requirements of the Immigration Reform and Control Act, employers must ___________.

A) adjust pay scales for alien status
B) verify employability status for aliens only
C) verify employability status for all potential employees
D) verify employability status for applicants before an offer is extended

Question 79

Whereas orientation focuses on the initial and immediate aspects of newcomer adaptation, socialization emphasizes helping the newcomer fit into the job and organization over time.

Question 80

Orientation is likely to be more effective when newcomers have realistic information about job requirements and rewards before the job begins.