Harran University - Yeniehir Campus

HR 211

File: Ch04

Chapter 4 Employee Rights and Discipline

TRUE/FALSE

1)The Privacy Act of 1974 requires federal government agencies to make available information in an individual’s personnel file.

2. The Drug-Free Workplace Act of 1988 requires federal contractors to actively pursue a drug-free environment.

3. Companies employing 50 or more employees are required to give employees 30 days notice when closing down a plant or laying off large numbers of workers.

4. Long-haul truck drivers, regulated by the Department of Transportation, are required to take drug tests.

5. Substance abusers are 20 times more likely to miss work than employees who are not substance abusers.

6. The Fair Credit Reporting Act of 1971 allows employers to secretly check the credit history of job applicants.

7. There is no protection for employees who post comments about employees on Facebook or Blogs.

8. Research suggests that discipline should be punitive rather than corrective.

9. If theft in an organization is discovered, an employer has the right to give a polygraph test to every employee to determine the guilty party under the guidelines of the Polygraph Protection Act of 1988.

10. Interestingly, other than a good cause, an employer cannot terminate an employee under the terms of the employment-at-will doctrine.

11. Under new regulations employers are not permitted to electronically monitor employees, unless given permission by the employee to do so.

12. All disciplinary warnings, including written verbal warnings are forwarded to HRM for inclusion in the employee’s personnel file.

13. The progressive discipline process starts with a written warning, followed by a suspension, then a written verbal warning, and ending with a dismissal.

14. For total effectiveness, under the hot-stove rule, discipline should be delayed until the periodic performance review between the employee and manager.

 MATCHING KEY TERMS AND DEFINITIONS

1. suspension
2. Drug-Free Workplace Act of 1988
3. Fair Credit Reporting Act of 1971
4. Polygraph Protection Act of 1988
5. hot-stove rule
6. drug testing
7. written verbal warning
8. Implied employment contract
1. dismissal
10. employment-at-will doctrine
11. discipline
50. whistle-blowing
1000. honesty test
14. Privacy Act of 1974
15. written warning

15. A specialized question-and-answer test designed to assess one’s honesty.

16. This is the first formal stage of the disciplinary procedure that becomes part of an employee’s official personnel file.

17. This act was passed to help keep the problem of substance abuse from entering the workplace.

18. A concept rooted in nineteenth-century common law, which permitted employers to discipline of discharge employees at their discretion.

19. Requires the federal government agencies to make information available in an individual’s personnel file available to him or her.

20. Requires an employer to notify job candidates of its intent to check into their credit.

21. Any organizational guarantee or promise about job security.

22. A condition in the organization when employees conduct themselves in accordance with the organization’s rules and standards of acceptable behavior.

23. A situation in which an employee reports the organization to an outside agency for what the employee believes is an illegal or unethical practice.

24. Discipline should be immediate, provide ample warning, be consistent, and be impersonal.

25. Temporary record that a verbal reprimand has been given to an employee.

26. The process of testing applicants/employees to determine if they are using illicit substances.

27. Final step of the disciplinary process.

28. A period of time off from work as a result of a disciplinary process.

29. Prohibits the use of lie detectors in screening all job applicants.

 FILL-IN THE BLANKS

30. The                             gives federal employees the right to review letters of recommendation written on their behalf.

31. Under the                       government agencies, federal contractors, and those receiving federal funds ($25,000 or more) are required to actively pursue a drug-free environment.

32. Under the                         , a company employing 100 or more individuals must notify workers 60 days in advance if it is going to close its facility or lay off 50 or more workers.

33.                          is a situation in which an employee notifies authorities of wrongdoing in an organization.

34.                            are also known as integrity tests.

35. Under a contractual employee relationship, discharge may occur only if it is based on                         

cause.

36.                           , such as the seriousness and duration of the problem, should be considered when analyzing discipline problems.

37. Typically,                           begins with a verbal warning and proceeds through a written warning,

suspension, and only in the most serious cases, dismissal.

38. A                          is the second step in the progressive discipline process.

39. A disciplinary layoff is also known as a                                  .

 MULTIPLE-CHOICE QUESTIONS

40. Which act requires federal government agencies to make information in an individual’s file available to him or her?

1. The Fair Credit Reporting Act of 1971
2. The Privacy Act of 1974
3. The Polygraph Protection Act of 1988
4. The Drug-Free Workplace Act of 1998
5. The Employment-At-Will Doctrine

Bloom’s Level: Evaluation

41. Sharon is rewriting the section of the policies and procedures manual for her organization regarding employees' access to their employment history files. All of the following statements are appropriate EXCEPT:

1. Any information an employee has waived the right to review will be kept separated from the accessible file.
2. Employees are encouraged to drop into the personnel office to review the contents of their employee information files any time they wish.
3. Personnel files are not permitted to leave the HRM area.
4. Employees may review the contents of their files in the presence of an HRM representative.
5. An employee may take notes on the file contents, but nothing may be photocopied.

42. A bank would like to obtain information regarding the credit history of applicants as well as their lifestyle and spending habits. What should the bank do to obtain this information?

1. The bank cannot obtain this information because it is illegal to check the credit of job applicants.
2. The bank should just ask friends and relatives of the applicants.
3. The bank should obtain the information through a third-party investigation.
4. The bank should contact a credit reporting agency without notifying the applicants that their credit is being checked.
5. The bank should contact a credit reporting agency and notify the applicants that their credit is being checked.

43. Which of the following is NOT a law affecting employee rights?

1. The Privacy Act
2. The Drug-Free Workplace Act
3. The Fair Credit Reporting Act
4. The Fairness in Employment Act
5. The Employee Polygraph Protection Act

44. Ethel applied for a job as a credit card account manager with a major financial institution. Your organization obtained her credit report through a third party investigation. She was not hired because of her recent bankruptcy and poor credit history. As the vice-president of human resources, you are aware of this situation because Ethel is suing the company for your hiring practices. Which of these facts of the case shows that your procedures were faulty?

1. Ethel received a copy of her credit report.
2. Ethel was not given written notice the third party investigation was being conducted.
3. Ethel was asked questions about how she made account decisions for credit applicants during the interview.
4. Ethel’s resume was incomplete.
5. Credit problems are not reasonable exclusions for this job.

45. Which of the following jobs is subjected to drug tests under the Drug-Free Workplace Act of 1988?

1. Elementary school teacher in a private school
2. Cashier at a retail store
3. Taxi driver
4. Technician in a company regulated by the Nuclear Regulatory Commission.
5. Software designer at Microsoft

46. The Drug-Free Workplace Act of 1988 requires all of the following EXCEPT:

1. mandatory drug testing of certain employees.
2. providing substance-free awareness programs for employees.
3. a drug-free work environment policy must be established.
4. mandatory dismissal for employees found in violation of any part of the policy.
5. the policy must spell out employee expectations in terms of being substance free and infraction penalties.

47. Which of the following is NOT true regarding the Polygraph Protection Act of 1988?

1. It prohibits employers in the private sector from using polygraph tests in all employment decisions.
2. Polygraph tests have been found to have very strong job-related value.
3. Polygraph tests can be used when theft occurs in the organization.
4. When theft occurs in the organization, a suspected employee has the right to refuse to take a polygraph test without fear of retaliation from the employer.
5. If an employee failed a polygraph test, he or she has the right to challenge the results.

48. Tommy was forced to take a lie detector test about a workplace violence incident. During the course of questioning, she became very upset and emotional. Tommy asked the questioner to stop. He refused to discontinue the test. What action can be taken?

1. The Department of Labor may assess civil penalties up to $10,000 against the organization.
2. None. This is a standard procedure.
3. The Department of Commerce may bring court actions to restrain violators.
4. A collective bargaining unit can ratify an agreement that is more restrictive.
5. Criminal charges may be filed against the questioner.

49. Last month a large consumer electronics wholesaler reported a 27% stock loss due to "breakage." The average loss is less than 1% a month. There are over 100 employees at the facility. The only recent hires, Tom, Dick, and Harry, were hired six weeks ago. Dan, the plant manager has come to you, the vice-president of human resources, for advice on how to stop the stealing in a fair and ethical way. What is your advice?

1. Drug tests should be administered immediately to all employees.
2. A polygraph test could be administered to Tom, Dick, and Harry if they were given a baseline polygraph at the time of employment.
3. Encourage Dan to install additional surveillance cameras immediately.
4. A polygraph test should be administered immediately, with no warning or explanation, to Tom, Dick, and Harry.
5. Provide written notice to Tom, Dick, and Harry that they will be scheduled for a polygraph test.

50. Employers need to craft Social Media policies that protect employers and employees by including all of these EXCEPT:

1. Information outlining the company’s policy on monitoring Internet use.
2. Explaining that employees have no expectation of privacy when using the Internet at work.
3. Explaining the possibility of legal repercussions from defamation.
4. Reminding employees about privacy settings.
5. Explaining to employees that comments will have a negative impact on their drug-free status..

51. A company with 350 workers is laying off 75 employees. How much notice is this company required to provide to the laid-off employees?

1. 30 days
2. 40 days
3. 50 days
4. 60 days

5. 70 days

52. Rajiv has worked for 22 years at a 40-employee branch of a large auto parts chain. Business has been very bad lately, and there are rumors of consolidation, reorganization, even bankruptcy. What protection is Rajiv given under the Worker Adjustment and Retraining Notification Act?

1. With less than 25 years seniority, he can be laid off with less than six months’ notice.
2. Rajiv will be given 60 days warning if his location closes.
3. No protection. His industry is not covered by the act.
4. No protection. His branch is too small for coverage.
5. Rajiv will be given 30 days warning, but only if the whole organization closes.

53. Luis has worked for a 2500-employee chemical manufacturer, ABCHEM, for two years. He went to work Monday morning to find his key no longer fit the front door lock and a new sign "FUTURE HOME OFFICE OF ALLIED PLASTICS” on the front door. He called his office and found that the telephone had been disconnected. He then noticed the local paper with headlines, "ABCHEM sells plastics subsidiary: 2000 layoffs!!" Luis remembered the letter he received from the HRM department three months earlier which had warned of this probable plant closing, but he ignored it as a rumor. What protection is Luis given under W.A.R.N.?

1. He is entitled to an amount equal to pay and benefits for up to 60 days.
2. His job must be given back to him.
3. No protection. He was notified in an appropriate manner.
4. No protection. The employee layoff number is too small.
5. No protection. He hasn’t worked there long enough.

54. Dwight, vice-president of human resources for a large textile firm, is in a strategic restructuring meeting. The discussion topics include which one of three production facilities to close. There are 40 employees at each of the facilities. When asked, "What should we tell the employees?" Dwight responds,

1. "Tell them we are keeping the newest plant open for another 2 years. Transfer all employees with 20 years of seniority to that plant."
2. "Notify all workers immediately of probable plant closings within the next 4 years."
3. If we close, workers in affected areas get 30 days’ notice or 90 days’ pay and benefits upon closing."
4. "Legally, we are not required to tell the employees anything unless we lay off 50 or more individuals."
5. "Bankruptcy would let us charge workers for the past year’s medical benefits."

55. Over two-thirds of all U.S. organizations use some form of drug testing. Which of the following is NOT true regarding substance abuse in the U.S. workplace?

1. Nearly half of all on-the-job injuries are related to substance abuse.
2. Nearly half of all work-related deaths are attributed to substance abuse.
3. It is estimated that employee substance abuse costs U.S. organizations about $100 million annually in increased health-care costs, lost productivity, and workplace accidents.
4. Substance abusers are 10 times more likely to miss work than non-users.
5. Substance abusers are about a third less productive than non-users.

56. What actions can organizations take to reduce criticism of their drug testing policies? Your text mentions all of the following EXCEPT:

1. state consequences of failing a test.
2. explain testing procedures clearly.
3. conduct drug screening after a conditional employment offer has been made.
4. build safeguards into the process to challenge false tests.
5. rehabilitate prospective employees.

57. According to your text, how much money does substance abuse cost U.S. companies annually?

1. $100 million
2. $500 million
3. $10 billion
4. $100 billion
5. $500 billion

58. Which of the following is NOT true regarding honesty tests?

1. Honesty tests tend to focus on theft and drug use.
2. Since honesty tests are very expensive, very few companies use them.
3. Honesty tests mostly entice applicants to provide information about themselves that otherwise would be difficult to obtain.
4. Individuals are frequently truthful about their dishonesty.
5. Honesty tests are designed with multiple questions to assess consistency.

59. Research studies suggest that

1. honesty tests are not reliable.
2. honesty tests are very expensive to administer.
3. a small number of companies in the United States are using honesty tests to screen applicants.
4. honesty tests can be effective devices to screen applicants.
5. honesty tests are not valid.

60. Which of these are true about integrity tests?

1. They assess consistency patterns in responses.
2. They are more valid than fingerprints.
3. They are used as an alternative to honesty tests.
4. They provide information that is easily obtainable by other techniques.
5. They accept dishonesty as a valid behavior, as long as the respondent is truthful about that behavior.

61. Lynne, an officer of a major corporation, noticed that David, her boss, reported personal expenses on his expense account when they traveled. He usually bought new clothes on a trip (suit, shoes, topcoat), brought along a family member or friend, and attended sight-seeing or cultural events with them. All of these items ended up on David’s expense report. When Lynne reported these practices to federal authorities, she was

1. employee surveillance.
2. whistle-blowing.
3. integrity testing.
4. reengineering work processes.
5. utilizing graphology.

62. Gloria works for a large appliances store in the Midwest. She has heard a rumor that employees are filmed in the restroom. Can this rumor be true?

1. No, because it would violate the Privacy Act of 1974.
2. No, because it would violate the Decent Workplace Act of 1985.
3. No. It is unethical to film employees in the restroom.

4. Yes, if the employer included this type of employee monitoring in a written policy and explained the policy to the employees.
5. Yes, because the employer owns the company.

63. Which of the following is NOT true regarding workplace security?

1. Workplace security has become a critical issue for employers.
2. Workplace security is defined as actions on behalf of an employer to ensure that the employer’s interests are protected.
3. Workplace security issues have become less prevalent in U.S. organizations over the last five years.
4. Telephone, system computers, and emails are the primary targets of employee monitoring.
5. Most large companies monitor their employees’ email and Internet usage.

64. Nineteenth-century common law permitted employers to discipline or discharge employees at their discretion. This concept is the basis for

1. the employment-at-will doctrine.
2. the hot stove policy.
3. property rights.
4. employee surveillance.
5. labor arbitration.

65. Bianca was fired for booking her modeling jobs from her desk as secretary for a manufacturing

firm. She had business cards printed for her part time modeling agency with her office phone, email, and mailing address. The other secretaries had complained that they took personal (modeling) calls for her when she was absent from the office. She claimed that during her job interview she had been told about the company flexibility and the low demands on workers. She said employees were encouraged to develop other interests and skills. What type of wrongful discharge suit could she file?

1. Contractual relationship
2. Breach of good faith
3. Statutory considerations
4. Public policy violation
5. Implied contract

66. Erica was fired for refusing to sign her name to a financial report that she knew was inaccurate. What type of wrongful discharge suit could she file?

1. Public policy violation.
2. Breach of good faith.
3. Employment-at-will doctrine.
4. Contractual relationship.
5. Implied contract.

67. Which of the following is NOT an exception to the employment-at-will doctrine?

1. Contractual relationship
2. Public policy violations
3. Implied employment contract
4. Closed employment clause
5. Statutory considerations

68. Diane had been Frank's secretary for 35 years. Frank fired Diane last month because he could hire an entry-level secretary for about half the money he paid Diane. What type of wrongful discharge suit could Diane file?

1. Contractual relationship
2. Breach of good faith
3. Statutory considerations
4. Public policy violation
5. Implied employment contract

69. Carrying a concealed weapon, gross insubordination, and sexually harassing another employee are examples of which type of disciplinary problem?

1. Attendance.                          .
2. On-the-job behaviors
3. Dishonesty
4. Outside activities
5. Shirking

70. Chris and David both arrived one hour late for work today. Chris was fired. David was given a verbal warning. Such disparate treatment for the same offense could be considered fair and equitable for all of these reasons EXCEPT:

1. Chris was a long term employee. David was a new hire.
2. Chris comes in late three or four days a week. He has been warned repeatedly about consequences for such behavior. David has never been late before.
3. Chris has proven to be an unreliable employee. He is inaccurate and late in written work. He often misses meetings that he says he attends. David is a reliable employee in other aspects of the job.
4. Upper management demands that time rules be followed by all employees.
5. Chris missed the annual board review. David had nothing scheduled until noon.

71. Debbie is ready to fire Sharon, a new employee who tends to do only the work that she wants to do. Debbie found customer receipts in the trash 3 days last week, not in the appropriate customer files. She knows that Sharon does not like to file. Debbie has scheduled Sharon for the clerical skills course offered next month. There is a half day in that course devoted to upholding the organization’s standards of acceptable behavior. What contingency factor is Debbie considering as she begins the disciplinary process?

1. Nature and extent of the problem
2. Extenuating circumstances
3. Severity of the problem
4. Management backing
5. Degree of socialization

72. Sharon has been disruptive and unprepared for several important meetings in the past few weeks. Debbie, her boss, hesitates to fire her. Debbie’s boss frequently brags that no employee in his division has ever been fired. Why is Debbie hesitating?

1. Nature and extent of the problem
2. Extenuating circumstances
3. Severity of the problem
4. Organization history
5. Degree of socialization

73. Sharon has been disruptive and unprepared for several important meetings in the past few weeks. Debbie, her boss, hesitates to fire Sharon because she has been an excellent employee for over five years. Debbie decides to talk to Sharon about any issues or distractions that might be affecting her work. Why is Debbie hesitating?

1. Nature and extent of the problem.
2. Extenuating circumstances
3. Severity of the problem
4. Organization history
5. Management backing

74. Sam is a night watchman for a small computer manufacturer. He is working his way through college and usually either sleeps or does his homework during his shift. His supervisor told him that homework was permissible, as long as he scanned the monitors every 10 minutes and walked the building every hour. Sleeping, however, is grounds for dismissal. Sam has been written up two times for sleeping during his work shift. After the last time, he was told there would be no more chances. Last week, $1 million worth of equipment vanished from inventory. When the thieves were caught, they mentioned the sleeping night watchman. Sam’s boss fired him immediately, yelling at him that he was just like his brother, a no good lazy bum. What was wrong with the boss’ actions?

1. The boss should not have made personal comments.
2. Sam should have been warned.
3. The boss should have waited several weeks before firing Sam.
4. Sam should be transferred to a less responsible job.
5. The boss should have inquired about extenuating circumstances in the offense.

75. Cindy, a college secretary, discarded transcript updates instead of filing them. David, the dean, spoke to Cindy this morning about the quality and timing issues that her actions had caused. Cindy apologized and said she had no idea that a semester’s worth of information mattered. She vaguely remembered filing transcripts about 6 months ago, right after she started this job, and discarding unofficial updates at that time. She told David that this wouldn’t happen again, but that he should have done a better job of training her about what paperwork was important. Her work was usually accurate, but there were several similar instances. David had only issued verbal warnings to this point. What should David do?

1. David should consult the corporate attorney about firing Cindy.
2. Nothing. The issue is resolved.
3. Issue a written verbal warning outlining the solution to the problem and any follow-up action that will be taken if the problem recurs.

4. David should suspend Cindy from work without pay for two to three weeks.
5. David should fire Cindy.

76. Andrew, a twenty year veteran in computer software development management, always follows the hot stove rule for discipline. He would support which of the following actions?

1. He waits until he has several issues to reprimand an employee. That avoids excessive bad moods on the employee’s part.
2. He doesn’t bother employees with the organization’s rules and standards of behavior. That tends to make them feel less professional.
3. He skips the first step and goes straight to written warnings for problem employees.
4. Once the action is taken, he makes every attempt to let it go and get on with work, treating the person like before.
5. He makes allowances for his star performers.

77. Which of the following is NOT a disciplinary problem related to dishonesty?

1. Stealing
2. Horseplay
3. Subversive activity
4. Deliberate falsification of employment record
5. Concealing defective work

78. Ortega has been warned twice about eavesdropping on his manager’s phone calls then discussing the information. This type of action can be punished with firing. The former incidents were documented, and Ortega was told there would be no more chances. It has just been reported that he,

again, discussed a merger over lunch with his friends. What action should be taken?

1. Verbal warning
2. Dismissal
3. Suspension
4. Harsh warning
5. Hot stove rule

79. A major automobile manufacturer is considering a product recall, due to a design flaw that could cause its vehicles to burst into flames after a rear-end collision. After determining it would be less expensive to settle individual lawsuits that might be filed claiming negligence, the manufacturer drops the recall idea. Andrew, a product engineer who found and reported the flaw up through the organization’s chain of command, is shocked. He complains to his manager, but is told to keep quiet and go do his job. Andrew becomes a whistle-blower and reports his findings to the federal government. He is protected from termination under the    .

1. Occupational Safety and Health Act
2. Consumer Product Safety Act
3. Polygraph Protection Act
4. Privacy Act
5. Worker Adjustment and Retraining Notification Act

80. Discipline generally follows the typical sequence of the following four steps:

1. suspension, written verbal warning, dismissal, written warning.
2. dismissal, suspension, written warning, written verbal warning.
3. written warning, suspension, written verbal warning, dismissal.
4. written verbal warning, written warning, suspension, dismissal.
5. suspension, written warning, dismissal, writing verbal warning.

81. When storing employee records, what should be stored separately from other job-related documents?

1. Job descriptions
2. Resumes
3. Disciplinary action records
4. Emergency contact information
5. Form I-9

82. What is the purpose of conducting a credit report on a job candidate?

1. To assess the individual’s character and general reputation
2. To maintain compliance with the Privacy Act of 1974
3. To maintain compliance with the Fair Credit Reporting Act of 1971
4. To eliminate the need for drug or polygraph testing
5. To ensure that the applicant is a U.S. citizen

83. Which of the following may offer some protection against termination for comments about an employer on a personal social media account such as Facebook or Twitter?

1. The National Labor Relations Board
2. The WARN Act
3. The Privacy Act
4. Employee Polygraph Protection Act
5. Employee Rights Act

84. Why should an HR department be concerned about, and establish policies for, workplace romance?

1. Most sexual harassment charges are the result of a workplace romance that ended.
2. To reduce the perception of favoritism
3. To increase the privacy of employees and coworkers involved
4. To eliminate the need to discuss professional behavior on the job
5. They provide a basis for promotion and moves within the organization.

85. How can an employer monitor an employee’s use of company equipment such as phones and email without violating the Electronic Communications Privacy Act of 1986?

1. By having a written policy that allows employees to use employer property such as a laptop or cell phone for personal use only during nonworking hours
2. By requiring all employees to submit passwords on a regular basis
3. By prohibiting the inclusion of confidential information on equipment provided by the employer
4. By having a written policy that states that property of the employer is to be used for business only
5. By requiring all company property to be left at the company during non-work hours

86. What results from an employer and an employee entering into a legal agreement regarding how employee issues are handled, including termination procedures?

1. Statutory considerations
2. A contractual relationship
3. Good faith
4. Constructive discharge
5. An implied employment contract