Employment And Labor Law 9th Edition by Patrick J. Cihon – Test Bank

$25.00

Category:

Description

INSTANT DOWNLOAD WITH ANSWERS

Employment And Labor Law 9th Edition by Patrick J. Cihon – Test Bank

Chapter 02 Employment Contracts and Wrongful Discharge
TRUEFALSE
1. Common law deals with issues of wrongful discharge.
(A) True
(B) False
Answer : (A)
2. If the statute itself provides the employee with a cause of action, the courts are reluctant to
recognize an alternative remedy in the form of a lawsuit for wrongful discharge.
(A) True
(B) False
Answer : (A)
3. Employees cannot be terminated under the public policy exception.
(A) True
(B) False
Answer : (B)
4. Pennsylvania Human Relations Act provides that a person fired on the basis of gender or race
discretion has to initially seek redress from the commission created under the Act and not with the
court.
(A) True
(B) False
Answer : (A)
5. A tort is a private or civil wrong or injury that can be caused either intentionally or negligently.
(A) True
(B) False
Answer : (A)
6. The National Labor Relations Act (NLRA) forbids firing employees for engaging in protected
concerted activities.
(A) True
(B) False
Answer : (A)
7. An implied contract is a contract which is made either verbally or in writing.
(A) True
(B) False
Answer : (B)
8. Public Policy Exception is not a commonly adopted exception to the pure employment-at-will rule.
(A) True
(B) False
Answer : (B)
9. Section 10 of the Model Employment Termination Act forbids retaliation against employees who
make claims or who testify under the procedural provisions of the META.
(A) True
(B) False
Answer : (A)
10. The Sarbanes-Oxley Act amended the Employee Retirement Income Security Act (ERISA).
(A) True
(B) False
Answer : (A)
11. Occupational Safety and Health Act (OSHA), does not offer protection to employees who
cooperate during investigations or testify at hearings from employer retaliation, such as employment
termination.
(A) True
(B) False
Answer : (B)
12. A whistleblower is an employee who reports his or her employer’s illegal activities to the
appropriate governmental entity.
(A) True
(B) False
Answer : (A)
13. Section 3(a) of the Model Employment Termination Act states “an employer may terminate the
employment of an employee without good cause.”
(A) True
(B) False
Answer : (B)
14. The drawback under Sarbanes-Oxley Act is criminal provision, which used to punish people who
provided information to law enforcing agencies relating to commission of any federal offences.
(A) True
(B) False
Answer : (A)
15. Individuals found guilty under SOX’s criminal provision can be imprisoned up to 15 years.
(A) True
(B) False
Answer : (B)
MULTICHOICE
16. The law that is created by judges opposed to statutes and legislation for the equity, justice and
conscious is called:
(A) common law.
(B) codified law.
(C) statutory law.
(D) ordinance.
Answer : (A)
17. The freedom of employees to quit the employment relationship is an important issue underlying:
(A) the express contract doctrine.
(B) the employment-at-will doctrine.
(C) in independent employee doctrine.
(D) the legal doctrine of an implied employment.
Answer : (B)
18. An employee who has not been hired for more than a year can be fired by the employer for any
reason or for no reason. This is the doctrine of:
(A) self employed.
(B) employment-at-will.
(C) contractual employed.
(D) whistleblowers.
Answer : (B)
19. Courts are reluctant to recognize an alternative remedy if the statute itself provides an
employee with a cause of action in the form of a lawsuit for:
(A) willful misconduct.
(B) negligence.
(C) wrongful discharge.
(D) tort.
Answer : (C)
20. The exception under the employment-at-will rule, where the employer cannot fire an employee
from employment for exercising a legal right or fulfilling that legal duty created by a statute, is
called:
(A) court order.
(B) administrative action.
(C) public policy exception.
(D) statutory exception.
Answer : (C)
21. In Pennsylvania, if an employee is fired on the basis of gender or race discrimination, then State
law remedy is provided under the Pennsylvania:
(A) Occupational Discrimination Act.
(B) Human Relations Act.
(C) Labor Relations Act.
(D) Gender and Race Discrimination Act.
Answer : (B)
22. A private or civil wrong or injury caused by one party to another, either intentionally or
negligently is a(n):
(A) breach of contract.
(B) criminal act.
(C) tort.
(D) act of god.
Answer : (C)
23. Some employees have express contracts of employment, usually for a definite duration. Others
fall within the coverage of a(n) ______ negotiated for them by their union.
(A) collective bargaining agreement
(B) employment bargaining agreement
(C) cooperative bargaining agreement
(D) negotiable agreement
Answer : (A)
24. Contracts that courts infer from company policies and the behavior of the parties are known as:
(A) implied contract.
(B) void contract.
(C) express contract.
(D) voidable contract.
Answer : (A)
25. Section 3(a) of the Model Employment Termination Act (META) protects employees from
wrongful termination from employment and states that:
(A) an employer may not terminate employment of an employee without good cause.
(B) an employer can terminate employment of an employee with perverse reason.
(C) an employer cannot terminate an employee without government consent.
(D) an employer may not terminate an employee from work without court order.
Answer : (A)
26. The provision of Uniform Employment Termination Act deals with protection of employees from:
(A) misdemeanors.
(B) wrongful discharge.
(C) government order.
(D) court order.
Answer : (B)
27. An employee who makes complaints against his or her employer pertaining to fraud and
corruption is protected under the provision of:
(A) Occupational Discrimination Act.
(B) Model Employment Termination Act.
(C) Sarbanes-Oxley Act.
(D) Wage Act.
Answer : (C)
28. An act that contains anti-retaliation provisions is:
(A) the Equal wage Act.
(B) the Civil Procedure Act.
(C) the Gender Discrimination Act.
(D) the Occupational Safety and Health Act.
Answer : (D)
29. Which Act was passed by Congress on July 30, 2002 and signed by the president for the
protection of whistleblowers?
(A) Sarbanes-Oxley Act
(B) National Labor Relation Board
(C) Occupational Safety and Health Act
(D) Wage Act
Answer : (A)
30. An Act which makes it illegal to fire an employee in retaliation for filing a safety complaint is
covered under the provision of:
(A) Title VII of Civil Rights Act.
(B) National Labor Relations Act.
(C) Occupational Safety and Health Act.
(D) Public Policy Exception.
Answer : (C)
31. Employees of public companies are protected from retaliation for engaging in certain
whistleblowing activities under:
(A) the Occupational Safety and Health Act.
(B) the Workers’ Compensation Act.
(C) the National Labor Relations Act.
(D) the Sarbanes-Oxley Act.
Answer : (D)
32. Many federal and state statutes seek to protect whistleblowers from the employer’s retaliation
by declaring such retaliation as:
(A) illegal acts.
(B) defenses.
(C) legal rights.
(D) improper conduct.
Answer : (A)
33. Identify the case in which the Supreme Court upheld the dismissal of a lawsuit brought by a
salesman who was fired for refusing to sell what he insisted to management was an unsafe product?
(A) Knox v. Board of School Directors of Susquenita School District
(B) Geary v. United State Steel Corporation
(C) Asmus v. Pacific Bell
(D) Marcus v. KFG Employment Services, Inc.
Answer : (B)
34. An express contract is a contract in which:
(A) the terms are explicitly stated.
(B) the terms are generally written, but sometimes only verbal.
(C) are expressed in great detail.
(D) All of these answers.
Answer : (D)
35. Kelly was an employee of a retail outlet. Although the nature of the work and duties performed
by both male and female workers were comparable, the remuneration paid to male workers was
significantly higher compared to the female employees. When Kelly brought this to the attention of
the management and objected to the difference in pay, her services were terminated without good
cause. Under which law can she challenge her termination?
(A) Sarbanes-Oxley Act
(B) National Labor Relation Board
(C) Occupational Safety and Health Act
(D) Model Employment Termination Act
Answer : (D)
36. Muriel is the owner of a garment factory in New York City. Ten months back she hired 20
employees to work in his factory, but due to the economic downturn she decided to let go of the new
hires in order to save her business. All 20 employees were fired and no explanation was provided.
This action is perfectly legal and covered by the doctrine of:
(A) implied contract.
(B) good faith and fair dealing.
(C) employment-at-will.
(D) necessity.
Answer : (C)
37. Steven is the Executive Director at a telecom company in Texas. He regularly misappropriated
company funds that belonged to the employee benefit plan and several clients. Robert, his corporate
secretary was aware of his superior’s illegal activities. He brought this to the attention of law
enforcing agencies. What is Robert’s role in the above scenario?
(A) Spokesperson
(B) Whistleblower
(C) Gatekeeper
(D) Outworker
Answer : (B)
38. Robert is a respected member of the Santa Clara community and works with a local
architectural firm. He was selected by the court to perform jury duty on a case. The case went on for
several days and caused Robert to miss work for the entire duration. Upon his return, he discovered
that his team member had replaced him and his services were abruptly terminated. In this scenario
Robert can challenge his termination under:
(A) the public policy exception.
(B) Title VII.
(C) the National Labor Relation Act.
(D) the U.S. Constitution.
Answer : (A)
39. Brett (defendant) entered into employment contract with Krista (plaintiff). Brett had hired Krista
as a staff assistant at a pay rate of $20 per hour. Krista’s duties consisted of driving trucks and
making deliveries. Although Krista worked for 120 hours in total, she was paid only for part of her
services which did not abide by the terms and conditions agreed in the employment contract. Krista
has most likely instituted a suit against Brett for:
(A) breach of trust.
(B) breach of contract.
(C) gender discrimination.
(D) wrongful discharge.
Answer : (B)
40. Linda was employed with General Mills in Minnesota for over three years. She was a highly
productive employee and was known as the star performer on her team. Due to the economic
recession the company had to lay off a large number of employees, and she was one of the
employees who was asked to leave without being provided good cause or an explanation. In this
scenario, Linda is protected under Section 3(a) of META which says that an:
(A) employee can be fired without any reason.
(B) employee may not be terminated without good cause.
(C) employee can be terminated in financial crises.
(D) employee may not be terminated with good cause.
Answer : (B)
41. Peter, an employee of Light Ware was terminated from his job without wages and benefits for a
period of three months. This was in violation of META. Under META his claim is subject to:
(A) Court.
(B) Administration.
(C) Employer.
(D) Arbitration.
Answer : (D)
42. Adam was an employee of ABC Corporation and he discovered the management was hiring
illegal immigrants in most of its factories. He raised objection against the employer’s practices and
provided information to the law enforcing agencies regarding the illegal activities. The employer
retaliated against Adam by terminating his employment. In this scenario, Adam is protected under:
(A) Pennsylvania Human Relation Act which prohibits employee retaliation.
(B) Section 203 and Section 806 of the Sarbanes-Oxley Act for illegal strikes.
(C) OSHA and Title VII which protect employees who blow the whistle on illegal practice.
(D) Section 203 of Title VII for breach of contract.
Answer : (C)
43. Watson, a Director of a telecom company in Florida, entered into a written contract with Carter
Telecon. The contract outlined the services his company would provide in exchange for a fixed
monthly rate. This is an example of:
(A) an implied contract.
(B) an express contract.
(C) a specification of contract.
(D) a breach of contract.
Answer : (B)
44. Brandy and Matthew are neighbors and live in Texas. Matthew was renovating his house, which
caused dust and debris to collect in Brandy’s front yard. Unfortunately her son was highly allergic to
these particulates and fell grievously ill. In this case, Matthew violates:
(A) the U.S. Constitution.
(B) the Labor Act.
(C) tort laws.
(D) breach of trust.
Answer : (C)
45. Lionel, an African American resident of Pennsylvania was employed in a garment factory. He had
a public fallout with his white male co-worker, Tom. Following this, Lionel was fired from his job
while Tom was let off with a warning. Lionel contended that he was fired because of his race. In this
scenario, Lionel is most likely to file his case under:
(A) the Gender Discrimination Act.
(B) tort laws.
(C) the Labor Act.
(D) the Pennsylvania Human Relations Act.
Answer : (D)
46. Unions provide employees:
(A) increased bargaining power.
(B) decreased bargaining power.
(C) a pay raise.
(D) None of these answers.
Answer : (A)
47. The Sarbanes Oxley Act (SOX) was passed in the wake of
(A) September 11, 2001.
(B) Mendoza v. Western Medical Center Santa Ana.
(C) the Enron and Worldcom scandals.
(D) None of these answers.
Answer : (C)
48. Advocates of employment-at-will point out that:
(A) employees can use bargaining power to attempt to demand an employment contract covering a
specific term.
(B) the employee is free to sever employment at any time.
(C) Both of these answers.
(D) None of these answers.
Answer : (C)
49. A tort is:
(A) an agreement that both an employee and an employer are free to terminate the relationship at any
time and for any legally permissible reason.
(B) an employee who reports employer wrongdoing.
(C) a private or civil wrong or injury, caused either intentionally or negligently.
(D) None of these answers.
Answer : (C)
50. SOX protects employees of:
(A) private companies.
(B) publically traded companies.
(C) Both of these answers.
(D) None of these answers.
Answer : (B)
ESSAY
51. Explain the meaning of the term whistleblower.
Graders Info :
An employee who reports his/her employer’s illegal activities to the appropriate governmental entity
or, under some state statutes, to the board of directors or senior management of the firm is known
as a whistleblower.
52. What is employment-at-will?
Graders Info :
A kind of employment wherein both the employee and the employer are free to unilaterally terminate
the relationship at any time and for any legally permissible reason, or for no reason at all.
53. What is the exception under employment-at-will?
Graders Info :
The most common exception to the employment-at-will rule is the public policy exception. Under this
although the employee is employed at-will, termination is illegal if a clear and significant mandate of
law (statutory or common) is damaged if the firing is permitted to stand unchallenged.
54. When did the employment-at-will doctrine become the norm in American common law?
Graders Info :
The employment-at-will doctrine became the norm in 19th century American common law.
55. What is a tort?
Graders Info :
Tort is a private or civil wrong or injury, caused by one party to another, either intentionally or
negligently.
56. What are the two most common types of contracts?
Graders Info :
Two kinds of contract are:
a. Express contract which has terms spelled out by the parties, usually in writing.
b. Implied contracts are contracts that the courts infer from company policies and the behavior of
the parties or that are implied from the law.
57. What is META? Explain the importance of Section 3(a) of META.
Graders Info :
META stands for Model Employment Termination Act and Section 3(a) of META prohibits the
employers from terminating the employees from employment without having good reasons.
58. Identify two Acts that protect whistleblowers from employer retaliation.
Graders Info :
Occupational Safety and Health Act (OSHA) and Title VII provide protection to whistleblowing
employees.
59. What is SOX?
Graders Info :
SOX is the Sarbanes-Oxley Act. It protects employees who report improper conduct by corporate
officials concerning securities fraud and corruption.
60. What does Title VII of the NRLA deal with?
Graders Info :
Title VII forbids discharge on the basis of race, color, gender, creed, or national origin.
61. Define the doctrine of employment-at-will? Explain its exceptions?
Graders Info :
Employment-at-will holds that an employee who has not been hired for an express period of a year
can be fired from his/her job by employer at any time with or without any reason. Both the employer
and the employee are free unilaterally to terminate their relationship any stage without any
compulsion or force. However there are exceptions under the doctrine. The most commonly adopted
exceptions under employment-at-will is Public Policy exception. If a statute creates a right or a duty
for the employee, he or she may not be fired for exercising that legal right or fulfilling that legal
duty.
62. What is a contract? Explain the differences between express and implied contracts?
Graders Info :
Contract is an agreement between two persons that is enforceable by law. The object must be legal
in contract.
Express contract: A contract in which the terms are explicitly stated, usually in writing but perhaps
only verbally, and often in great detail. In interpreting such a contract, the judge and/ or the jury is
asked only to determine what the explicit terms are and to interpret them according to their plain
meaning.
Implied contract: A contractual relationship, the terms and conditions of which must be inferred
from the contracting parties’ behavior toward one another.
63. Describe the Model Employment Termination Act.
Graders Info :
Model Employment Termination Act (META) relates to laws pertaining to termination of an
employee. The heart and soul of META in its present form is Section 3(a), which states that “an
employer may not terminate the employment of an employee without good cause.” Section 3(b)
limits application of the “good cause” limitation on employment-at-will to workers who have been
with the particular employer for at least one year. The META suggests that claims under it be
subject to binding arbitration with arbitral awards being issued within thirty days of hearings.
Section 10 forbids retaliation against employees who make claims or who testify under the
procedural provisions of the META.
64. What are the protections for corporate whistleblowers under law?
Graders Info :
Sarbanes-Oxley Act provides the protection for the corporate whistleblowers. SOX protects the
employees who report for improper misconduct by corporate officials pertaining to fraud and
corruption. Apart from SOX, OSHA and Title VII also protects employees who blow the whistle on
illegal practices or who cooperate in investigations and testify at hearings from employer retaliation,
such as employment termination.
65. Define a whistleblower and describe the protection offered to whistleblower employees.
Graders Info :
A whistleblower is an employee who calls attention to the employer’s illegal or unethical activities.
Many federal and state statutes such as SOX, OSHA and Title VII seek to protect whistleblowers by
making retaliation an illegal act. The most significant whistleblower-protection law of the 21st
century is the federal Sarbanes-Oxley Act (SOX), which protects employees who blow the whistle on
illegal financial transactions. However, whistleblowers’ rights may conflict with the privacy rights of
others.

 

Chapter 04 Employee Privacy Rights in the 21st Century
TRUEFALSE
1. The Fourth Amendment of the U.S. Constitution provides protection to public employees.
(A) True
(B) False
Answer : (A)
2. Monitoring of behavior from a distance by means of electronic equipment or other means of
technology is known as surveillance.
(A) True
(B) False
Answer : (A)
3. Surveillance and eavesdropping are techniques commonly associated with police, spies and
military intelligence.
(A) True
(B) False
Answer : (A)
4. Neither private nor public sector employers have rights to monitor the use of employer-owned
computers.
(A) True
(B) False
Answer : (B)
5. The knowledge or reckless disregard of the falsity of a communication is known as slander.
(A) True
(B) False
Answer : (B)
6. Malice implies animosity towards somebody in the generic sense.
(A) True
(B) False
Answer : (A)
7. FCRA stands for Financial Credit Reporting Agency.
(A) True
(B) False
Answer : (B)
8. Background checks are usually an easy task for most employers and labor unions.
(A) True
(B) False
Answer : (B)
9. Protected Health Information (PHI) policy aims at preventing the unauthorized use or disclosure
of health and medical information.
(A) True
(B) False
Answer : (A)
10. Genetic testing is not considered a serious intrusion into the privacy of the employees by an
employer.
(A) True
(B) False
Answer : (B)
11. The greatest amount of litigation is in drug testing, which has been instigated due to internal
investigation.
(A) True
(B) False
Answer : (A)
12. Alcohol and drug abuse during working hours are reasons for suspicion of substance abuse.
(A) True
(B) False
Answer : (A)
13. Employees who test positive for substance abuse are referred to the Employee Opportunities
Corporation.
(A) True
(B) False
Answer : (B)
14. Drug testing does not require a specific reason and can be random.
(A) True
(B) False
Answer : (A)
15. Human Resource Departments do not maintain employee files since these are considered
confidential.
(A) True
(B) False
Answer : (B)
MULTICHOICE
16. What is the unifying element of the four separate privacy torts?
(A) The right to be left alone
(B) The right to do personal activities while at work
(C) The right to talk about co-workers and bosses in a negative manner without repercussion
(D) The right to be hired/promoted without regard to gender, race, national origin, or sex
Answer : (A)
17. Privacy rights in the employment area are important Constitutional rights extended to State and
municipal employees with the due process clause of the:
(A) Fourth Amendment.
(B) Eighth Amendment.
(C) Fifth Amendment.
(D) Fourteenth Amendment.
Answer : (D)
18. The most common way employers invade their employees’ privacy is to:
(A) intrude on their seclusion, solitude or private affairs.
(B) probe into their personal lives and medical history.
(C) monitor their relationships with individuals at the workplace.
(D) request for irrelevant information and past records.
Answer : (A)
19. The term “surveillance” is used to describe all of the following except:
(A) postal interception.
(B) observation with binoculars.
(C) eavesdropping.
(D) direct observation.
Answer : (C)
20. Malice in the context of defamation and invasion of privacy means:
(A) animosity toward somebody.
(B) a physical altercation must have taken place.
(C) knowledge that a statement is false or a reckless disregard of its truth or falsity.
(D) None of these answers.
Answer : (C)
21. The Supreme Court for the first time expressly acknowledged a right of privacy implicit in the
Constitution in the case of:
(A) Quon v. Arch Wireless Operating Co., Inc.
(B) Williams v. City of Tulsa.
(C) Griswold v. Connecticut.
(D) Massey v. Roth.
Answer : (C)
22. Privacy is violated under common law by:
(A) appropriating the plaintiff’s identity for the defendant’s benefit.
(B) placing the plaintiff in a false light in the public eye.
(C) publicly disclosing private facts about the plaintiff.
(D) All of these answers.
Answer : (D)
23. Employees of private corporations have common law and statutory privacy protections against:
(A) surveillance.
(B) eavesdropping.
(C) requests for medical information.
(D) All of these answers.
Answer : (D)
24. In Koeppel v. Speirs, an electronic invasion occurs under the intrusion on solitude or seclusion
component of the tort of:
(A) liability.
(B) defamation.
(C) libel.
(D) invasion of privacy.
Answer : (D)
25. Public employers, unquestionably, are state actors for the purposes of the ______ and ______
Amendments’ restrictions.
(A) Fifth; Fourth
(B) Fourth; Fourteenth
(C) Fourteenth; Fifth
(D) Fifth; Ninth
Answer : (B)
26. Both private and public sector employers can monitor employees’ use of employer-owned
computers:
(A) with an appropriate notice.
(B) through a written warrant.
(C) with the permission of state authorities.
(D) with or without prior notice.
Answer : (A)
27. Employee privacy rights for unionized employees are covered under:
(A) the First and Fourteenth Amendments of the Constitution.
(B) criminal invasion of privacy.
(C) the tort of invasion of privacy.
(D) collective bargaining agreement.
Answer : (D)
28. Requests for medical information and conducting internal investigations are examples of:
(A) placing the plaintiff in a false light in the public eye.
(B) violating the Fifth Amendment.
(C) intellectual property theft.
(D) intrusion upon employees’ privacy.
Answer : (D)
29. Communications between employers regarding a former/prospective employee typically are
protected by:
(A) statutory rule.
(B) malice.
(C) absolute privilege.
(D) state rule.
Answer : (C)
30. Privacy concerns arise in the context of third-party information requests primarily:
(A) after an employee exits a company.
(B) at the hiring stage.
(C) during collective bargaining.
(D) over employees’ Internet usage.
Answer : (B)
31. If a former employer withholds relevant information about an employee from his or her new
employer, this may actually expose the former employer to:
(A) criminal liability.
(B) tort liability.
(C) civil liability.
(D) absolute liability.
Answer : (B)
32. HIPAA stands for:
(A) Health Insurance Protection and Accountability Act.
(B) Health Insurance Portability and Accountability Act.
(C) Health Insurance Prevention and Accountability Act.
(D) Health Insurance Provision and Accountability Act.
Answer : (B)
33. Employers who are under the HIPAA umbrella are subject to the regulations of the Act and must
certify in writing that they will comply with:
(A) selected HIPAA regulations.
(B) all HIPAA regulations.
(C) amended HIPAA regulations.
(D) HIPAA non disclosure policies.
Answer : (B)
34. In which year was the federal Health Insurance Portability and Accountability Act (HIPAA)
enacted?
(A) 1889
(B) 1899
(C) 1998
(D) 1999
Answer : (C)
35. One of the express purposes of HIPAA’s privacy provisions is to:
(A) prevent employers from using PHI for personnel decisions.
(B) prevent employers from creating a “firewall” between employees who administer health
insurance plans and all other employees.
(C) protect employees and applicants who may suffer from physical and mental disabilities.
(D) remove many thousands of private employers from HIPAA and its implementing regulations.
Answer : (A)
36. George, an employee of a private sector organization, was put through a genetic test in
accordance with the company policies. The company:
(A) can choose to inform him about the test.
(B) has to receive a written consent from George.
(C) needs to submit a written copy to the court regarding the test.
(D) cannot request for a genetic test under any circumstance.
Answer : (B)
37. In which famous case did Jurist Oliver Wendell Homes declare Virginia’s compulsory-sterilization
law constitutional and infamously write, “Three generations of imbeciles are enough”?
(A) Buck v. Well
(B) Buck v. Dell
(C) Buck v. Bell
(D) Bach v. Dell
Answer : (C)
38. The testing of human blood and/or urine for the presence of controlled/illegal substances is
known as:
(A) drug testing.
(B) genetic testing.
(C) reasonable suspicion.
(D) mandatory testing.
Answer : (A)
39. Drug testing is mandatory under the Drug-Free Workplace Act for employers who work in:
(A) the legal department of private sectors.
(B) chemical factories.
(C) educational institutes.
(D) public sector organizations.
Answer : (D)
40. Reasonable suspicion for substance abuse:
(A) has not been linked to decrease in productivity at work.
(B) could be a result of racial discrimination.
(C) is a violation of HIPAA regulations.
(D) is usually linked to apparent physical state of impairment.
Answer : (D)
41. Which of the following is not part of a typical pre-employment drug testing policy?
(A) Applicants will be required to voluntarily submit to a urinalysis test at a laboratory chosen by the
company.
(B) Any applicant with positive test results will be denied employment at that time.
(C) The company will not entertain applications from candidates with a history of drug or alcohol
abuse.
(D) All job applicants need to undergo screening for the presence of illegal drugs or alcohol as a
condition for employment.
Answer : (C)
42. Justifiably suspecting a person, based on facts or circumstances, of inappropriate or criminal
activities is termed:
(A) a tort.
(B) surveillance.
(C) reasonable suspicion.
(D) as a misdemeanor.
Answer : (C)
43. In legal parlance, EAP stands for:
(A) Employee Assistance Program.
(B) Employee Assessment Program.
(C) Employee Agreement Program.
(D) Employee Arraignment Program.
Answer : (A)
44. Pre-employment drug testing is typically considered:
(A) contractual.
(B) mandatory.
(C) illegal.
(D) a company policy.
Answer : (D)
45. Ruth, an employee of a private sector company, was found violating company policy which
strictly prohibited employees from using drugs or alcohol within company premises. Ruth was
referred to the Employee Assistance Program, which she deliberately refused. This act most likely
resulted in:
(A) demotion.
(B) termination.
(C) litigation.
(D) suspension pending drug test results.
Answer : (B)
46. In Cockram v. Genesco, an employee sued for:
(A) defamation and false light invasion of privacy.
(B) slander.
(C) unreasonable suspicion.
(D) genetic testing.
Answer : (C)
47. Health records usually are maintained in separate HR files, as is appropriate under:
(A) Employee Assistance Program (EAP).
(B) The Federal Health Insurance Portability and Accountability Act (HIPAA).
(C) Drug-Free Workplace Act.
(D) The Department of Health and Human Services’ Office of Civil Rights 2002 Guidelines.
Answer : (B)
48. The Human Resource (HR) department of a company maintains employee personal files.
Bradley, an employee of a leather manufacturing company was terminated by his supervisor on the
basis of facts that were found in the file. Considering this scenario, who else, apart from the HR
department and supervisors, are allowed access to employee personal files?
(A) Private entities
(B) Co-workers
(C) Legal department
(D) General public
Answer : (C)
49. Increases in incidents of workplace violence and concomitant increases in ______ lawsuits, by
customers and co-workers of violent employees, have added urgency to the effort of checking
employees’ background.
(A) malice
(B) academic freedom
(C) negligent hiring
(D) substance abuse
Answer : (C)
50. In Marken v. Santa Monica-Malibu Unified School Dist., the court found that the district’s
planned disclosure of personnel files:
(A) did not violate the teacher’s right to privacy under state constitution.
(B) did violate the teacher’s right to privacy under state constitution.
(C) was unconstitutional.
(D) was false light invasion of privacy.
Answer : (A)
ESSAY
51. What is the most common way in which employers intrude upon their employee’s privacy?
Graders Info :
The most common way in which employers intrudes into their employee’s privacy are by intruding on
their seclusion, solitude, or private affairs.
52. What does surveillance and eavesdropping mean?
Graders Info :
Surveillance means monitoring of behavior by means of electronic equipments or other technologies
whereas eavesdropping is “the act of surreptitiously listening to a private conversation”.
53. Who are system administrators?
Graders Info :
System administrators are persons employed by an organization’s IT department to manage and
oversee a network of computers which help in monitoring the behavior of the employees of the
organization.
54. What tort is committed when the privacy rights of private employees disregarded?
Graders Info :
Tort of invasion of privacy
55. Describe malice in the context of defamation and invasion of privacy.
Graders Info :
Malice in the context of defamation and invasion of privacy means knowledge that a statement is
false or a reckless disregard of its truth and falsity.
56. What is a background screening policy?
Graders Info :
The Human Resource Department initiates background checks of applicants which are then sent to
the hiring manager before a final offer is made. This policy is known as background screening policy.
57. What is HIPAA?
Graders Info :
HIPAA stands for Health Insurance Portability and Accountability Act. It was enacted in the year
1998 which took effect about five years later and mandates among other things- stringent policies
and procedures aimed at preventing the unauthorized use or disclosure of health and medical
information.
58. Identify the entities covered under HIPPA.
Graders Info :
The entities covered under the HIPPA are health care plans, health care clearing houses, and health
care providers.
59. What serious intrusion of employees’ privacy has severe ethical implications?
Graders Info :
Genetic testing is considered as one of the most serious intrusions of employers upon the privacy of
the employee’s and is one of the most pressing ethical dilemmas that employers are facing today.
60. Can employers mandate the policy of genetic testing?
Graders Info :
No, employers cannot mandate the policy of genetic testing as it poses serious threat to the ethical
values and consideration of employment.
61. Discuss the origin of Employee Privacy Rights.
Graders Info :
The idea of employee privacy rights originated in America. Louis Brandeis and Samuel D.Warren, in
1890, published an article in the Harvard law review called “The Right to Privacy”. In this article
they argued that the Constitutional and common law implied general “right to privacy”. In spite of
their efforts, the article was never really accepted and, hence, it was not entirely successful. It took
a few decades for this policy to take shape. It was the then renowned tort scholar Dean Prosser who
postulated after a few decades that the “privacy” umbrella covered four separate torts, the only
unifying element of which is “the right to be left alone”.
The four elements of common-law privacy are:
• Appropriating the plaintiff’s identity for the defendant’s benefit
• Placing the plaintiff in a false light in the public eye
• Publicly disclosing private facts about the plaintiff
• Unreasonably intruding upon the seclusion or solitude of the plaintiff
62. Describe privacy concerns in the context of third-party information request.
Graders Info :
Third-party information request arise primarily in the hiring stage. Relevant information is collected
regarding the background of the applicant before actually hiring the applicant in the respective
company. Information is collected from the former employer of the employee which is typically
protected by a qualified privilege. Such communication between employers must be done in the
absence of malice. Employers have opted to limit their responses to reference requests disclosing
the dates of the former employee/applicant’s, his/her salary, and job title because it usually is not
safe to disclose and withhold much about the credentials of the employees. This could lead to tort
liability in most circumstances by the former employers.
63. Discuss why genetic testing is one of the most pressing ethical dilemma employers are facing
today.
Graders Info :
Genetic testing is without doubt one of the most pressing issues considering the ethical standards to
be maintained by the employers. The dilemma is if and if so how, to use genetic information that is
readily available. Testing of DNA can tell the employer and its health and life insurance carriers the
likelihood that an employee or applicant may carry a wide range of health problems that could pose
potentially catastrophic claims under the firm’s health and life insurance policy and plans. Even
then, genetic testing is considered as one of the most serious intrusions into an employee’s privacy
that an employer might make.
64. Which aspect of internal investigation has instigated the highest amount of litigation? Discuss.
Graders Info :
Drug testing is perhaps one of the aspects of internal investigation that has instigated the highest
amount of litigation. Drug testing is mandatory for employees receiving federal funding under the
federal Drug-Free Workplace Act. Yet, drug testing, in all cases, raises significant privacy issues.
Promulgating, a reasonable policy, is one way to insulate an organization from liability.
The reason for drug test could be any of the following:
• Required by law in some industries
• Reasonable suspicion
• Random
• Prior history
• Work place accident
65. Elaborate on the policy regarding employee personal files.
Graders Info :
The human resource department of a company maintains employee files. Employee personal files
contain typical items like applications, references and letters of recommendation, performance
evaluations, disciplinary actions, and attendance records. Managers, supervisors and the legal
department usually have access to such files other than the human resource department on a needto-
know basis which is considered as the operative principal. At the discretion of the Human
Resources department, in the course of their business, managers may allow representatives of
government or law enforcement agencies to access to file information, in response to the request of
a legal subpoena, or court order. This is an exception to the privacy policy of employee personal
files.

Reviews

There are no reviews yet.

Be the first to review “Employment And Labor Law 9th Edition by Patrick J. Cihon – Test Bank”

Your email address will not be published. Required fields are marked *