aPHR - Employee Relations Exam
Questions and Answers
Employee Rights based on Statutes or Legislation - ANS-Examples include:
- Title VII of the Civil Rights Act - prohibition of discrimination
- Fair Labor Standards Act - minimum wage/overtime
- Whistleblowing
- Right to organize union
Employee Rights based on Common Law - ANS-- Law established by subject matter
heard in earlier cases
- Tort - a civil wrong, other than breach of contract; can be intentional or negligent;
damage to property, a person's reputation, or harm to a person's commercial interest
- Defamation - an intentional false communication that injures another person's good
name or reputation; may be written or spoken
Slander = words falsely spoken that damage the reputation of another
Libel = false and malicious publication printed for the purpose of defaming a living
person
Constitutional Rights - ANS-The US Constitution protects individuals from action by the
government.
City, state, federal government workers may claim constitutional rights including:
- Due Process - the means used for individuals to explain and defend their actions
against charges or discipline
- Procedural Justice - perceived fairness of the process used to make decisions about
employees (the process is fair and followed)
- Distributive justice - perceived fairness in the distribution of outcomes; treated the
same as others
In the private sector the employer has no legal obligation to respect individual
constitutional rights; however employers with good "employee relations" policies and
procedures attempt to treat employees fairly and equitably
Employment at will - ANS-Employees without an employment contract generally can be
terminated for good cause, bad cause, or no cause at all.
Exceptions to Employment at Will - ANS-Express agreement - oral or written contract
,- Written contract is a legal document summarizing the agreement between the parties
- Oral contracts are not in writing and usually not legally binding
Implied Contract - an agreement usually not reduced to writing but created, under
common law, on the basis of the behavior of the parties that suggests that they are
acting under an agreement
Just Cause - ANS-A legitimate reason for taking an employment action
Just cause standards:
- Notice: employee given probable consequences of continued misconduct
- Reasonable: the employer policy or rule was reasonably related to the safe, efficient
operation of the business or performance expectations
- Investigation: conducted to determine whether employee did breach policy or rule;
investigation must be "objective and fair"
- Proof: ample evidence that the disciplinary action was warranted
- Equal treatment: policy, rules, and penalties are applied evenly and without
discrimination
- Penalty: the degree of discipline is reasonable considering the proven offense
Wrongful Discharge - ANS-Employee fired for illegal or improper reason
Public policy - ANS-Employers cannot discharge employees for a "reason that violates
basic social rights, duties, or responsibilities"
- Refusing to violate a law or being told to perform criminal activity (ex. perjury, fraud,
libel, or slander)
- Exercising a legal right or performing a legal duty (union organizing, jury duty, military
duty, filing an EEO claim, filing a worker's compensation claim)
Whistleblowing - ANS-The disclosure by an employee of confidential employer
information, to a government agency, that relates to some danger, fraud, or other illegal
or unethical conduct connected with the workplace that may be of harm to the public
Example: environmental violations, safety violations
Whistleblowing is a protected activity and the employer may not retaliate against the
whistle blowing employee
, Sarbanes-Oxley Act 2002 - ANS-The disclosure by an employee of confidential
employer information, to a government agency, in a publicly traded organization, that
may violate federal securities laws or any law meant to prevent fruad against
shareholders or employees
Implied Covenant of Good Faith and Fair Dealing - ANS-Legal assumption that both the
employer and at-will employees will deal with each other fairly and in good faith
Employee's Duty of Loyalty - employees must work in the best interests of the employer;
must not aid a competitor, take company business for themselves, disclose confidential
information
Non-compete Agreements - ANS-Written agreement that enforce the employee's duty of
loyalty after employment is terminated
Employer cannot force employee to promise (if leaves) anything that will prevent
him/her from making a living in the same field
Must be fair and reasonably related to business necessity (geographic limits; time
restraints)
Constructive discharge - ANS-Employer deliberately makes employee's working
conditions so intolerable that the employee is forced into voluntary resignation
Reasonable person standard
Example - employee given choice of resigning or being fired
Negligent Hiring or Retention - ANS-Failing to investigate before hiring, or to retain
employees, which results in harm to other employees
Other employees harmed by this failure may take legal action against the employer
Employment Policies, Procedures, and Rules - ANS-Policy: organizational guidelines
that are general in nature
Procedure: method of administering policies and are more specific than policies
Rule: specific directives that control and restrict the behavior of individual employees
Progressive discipline - ANS-Series of warnings, each becoming more severe
Verbal, written, suspension, dismissal
Serious offenses are subject to immediate termination
Questions and Answers
Employee Rights based on Statutes or Legislation - ANS-Examples include:
- Title VII of the Civil Rights Act - prohibition of discrimination
- Fair Labor Standards Act - minimum wage/overtime
- Whistleblowing
- Right to organize union
Employee Rights based on Common Law - ANS-- Law established by subject matter
heard in earlier cases
- Tort - a civil wrong, other than breach of contract; can be intentional or negligent;
damage to property, a person's reputation, or harm to a person's commercial interest
- Defamation - an intentional false communication that injures another person's good
name or reputation; may be written or spoken
Slander = words falsely spoken that damage the reputation of another
Libel = false and malicious publication printed for the purpose of defaming a living
person
Constitutional Rights - ANS-The US Constitution protects individuals from action by the
government.
City, state, federal government workers may claim constitutional rights including:
- Due Process - the means used for individuals to explain and defend their actions
against charges or discipline
- Procedural Justice - perceived fairness of the process used to make decisions about
employees (the process is fair and followed)
- Distributive justice - perceived fairness in the distribution of outcomes; treated the
same as others
In the private sector the employer has no legal obligation to respect individual
constitutional rights; however employers with good "employee relations" policies and
procedures attempt to treat employees fairly and equitably
Employment at will - ANS-Employees without an employment contract generally can be
terminated for good cause, bad cause, or no cause at all.
Exceptions to Employment at Will - ANS-Express agreement - oral or written contract
,- Written contract is a legal document summarizing the agreement between the parties
- Oral contracts are not in writing and usually not legally binding
Implied Contract - an agreement usually not reduced to writing but created, under
common law, on the basis of the behavior of the parties that suggests that they are
acting under an agreement
Just Cause - ANS-A legitimate reason for taking an employment action
Just cause standards:
- Notice: employee given probable consequences of continued misconduct
- Reasonable: the employer policy or rule was reasonably related to the safe, efficient
operation of the business or performance expectations
- Investigation: conducted to determine whether employee did breach policy or rule;
investigation must be "objective and fair"
- Proof: ample evidence that the disciplinary action was warranted
- Equal treatment: policy, rules, and penalties are applied evenly and without
discrimination
- Penalty: the degree of discipline is reasonable considering the proven offense
Wrongful Discharge - ANS-Employee fired for illegal or improper reason
Public policy - ANS-Employers cannot discharge employees for a "reason that violates
basic social rights, duties, or responsibilities"
- Refusing to violate a law or being told to perform criminal activity (ex. perjury, fraud,
libel, or slander)
- Exercising a legal right or performing a legal duty (union organizing, jury duty, military
duty, filing an EEO claim, filing a worker's compensation claim)
Whistleblowing - ANS-The disclosure by an employee of confidential employer
information, to a government agency, that relates to some danger, fraud, or other illegal
or unethical conduct connected with the workplace that may be of harm to the public
Example: environmental violations, safety violations
Whistleblowing is a protected activity and the employer may not retaliate against the
whistle blowing employee
, Sarbanes-Oxley Act 2002 - ANS-The disclosure by an employee of confidential
employer information, to a government agency, in a publicly traded organization, that
may violate federal securities laws or any law meant to prevent fruad against
shareholders or employees
Implied Covenant of Good Faith and Fair Dealing - ANS-Legal assumption that both the
employer and at-will employees will deal with each other fairly and in good faith
Employee's Duty of Loyalty - employees must work in the best interests of the employer;
must not aid a competitor, take company business for themselves, disclose confidential
information
Non-compete Agreements - ANS-Written agreement that enforce the employee's duty of
loyalty after employment is terminated
Employer cannot force employee to promise (if leaves) anything that will prevent
him/her from making a living in the same field
Must be fair and reasonably related to business necessity (geographic limits; time
restraints)
Constructive discharge - ANS-Employer deliberately makes employee's working
conditions so intolerable that the employee is forced into voluntary resignation
Reasonable person standard
Example - employee given choice of resigning or being fired
Negligent Hiring or Retention - ANS-Failing to investigate before hiring, or to retain
employees, which results in harm to other employees
Other employees harmed by this failure may take legal action against the employer
Employment Policies, Procedures, and Rules - ANS-Policy: organizational guidelines
that are general in nature
Procedure: method of administering policies and are more specific than policies
Rule: specific directives that control and restrict the behavior of individual employees
Progressive discipline - ANS-Series of warnings, each becoming more severe
Verbal, written, suspension, dismissal
Serious offenses are subject to immediate termination
