DOWNLOAD THE TEST BANK FOR HUMAN RESOURCE MANAGEMENT IN PUBLIC SERVICE
PARADOXES PROCESSES AND PROBLEMS 5TH EDITION BERMAN
Berman, Bowman, West, & Wart, Human Resource Management in Public Service, Fifth Edition. ©
2015, SAGE Publications.
Summary/Review/Discussion Questions and Answers
Chapter 2
1A. Explain the following paradox: “Managers must embrace the law to avoid the law.” (51)
Managers must learn the intricacies of the law to ensure they do not spend their careers entangled in it.
2A. What are the reasons a manager should be familiar with basic legal principles? (51) a.
To avoid liability.
b. To anticipate and prevent problems from developing into lawsuits.
c. To gain the confidence to make tough decision, such as when to discipline an employee.
d. To capably assist in implementing worthy societal objectives such as equality, fairness, dignity,
economic well-being, strong familiar relationship.
2. What are three competing interests that need to be kept in balance? (52)
a. The need of employers to mange their workforce and operations in efficient ways.
b. Rights the employees have in their jobs, privacy, and other matters.
c. The interest of governments to pursue social objectives through public policy.
3A. Describe the overarching paradox in the legal arena and list some of the reasons for it. (51/52)
Those in charge are expected to uphold the law, but the complexities and uncertainties of constitutional,
statutory, administrative and common law make complying frustratingly difficult.
Reasons:
a. Legal requirements and interpretations of them are voluminous and dynamic, so managers
sometimes have the experience that “the more you know, the less you know.
b. Supervisors may contact legal counsel for assistance, but formal options may take considerable
time to obtain and legal staff may be unwilling to stand behind initial, informal opinions.
c. Applying a statute is rarely straightforward.
d. Using case law is tricky because cases are decided on specific facts, but managers seldom
confront identical facts, so they must determine whether minor factual distinctions should alter
the outcome.
e. Legal requirements may be crosscutting so that compliance with one directive conflicts with
another.
3. How can managers stay up to date with legal changes? (53)
Managers can await policy directives from their organizations, use networking, major newspapers, law
firm seminars, the Internet.
4. What is a common law system? (53)
Most “rules in a common law system are not written down in statutes or codes, but are in the form of
judicial opinions. The “law” is built up case by case by judges, to find the law, in addition to reading any
pertinent statutes, one must read judges’ opinions on the matter at hand.
5. What is a civil law system? (56)
Civil law systems place their primary emphasis on legislation. There are comprehensive statutes or codes
enacted by a legislative body on every subject.
1
mynursytest.store
, DOWNLOAD THE TEST BANK FOR HUMAN RESOURCE MANAGEMENT IN PUBLIC SERVICE
PARADOXES PROCESSES AND PROBLEMS 5TH EDITION BERMAN
Berman, Bowman, West, & Wart, Human Resource Management in Public Service, Fifth Edition. ©
2015, SAGE Publications.
7A. Define the principle of “stare decisis”. (56)
Courts generally should abide by precedents established by a superior court.
6. Explain the difference between a binding precedent and a persuasive precedent?
(56)
Binding precedents must be followed by other courts. For a court’s opinion to be controlling precedent or
binding precedent, it must have been written by a court directly up the pyramid from the lower court. A
persuasive precedent refers to a court decision that does not control but that may be followed voluntarily
by another court because the facts are comparable and the reasoning strong.
8A. Which institutions are responsible for most federal employment laws? (56)
The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor.
9A. List some of the federal employment laws. (54-55) a.
Exhibit 2.2
7. Define at-will employment? (58)
Unless the parties have agreed to a specific duration of employment, either party may terminate
employment at any time, without notice, for any lawful reason.
8. What two trends have increased individual rights and eroded the at-will doctrine? (59)
First, the Supreme Court ruled that when a public employer takes adverse personnel action against
employees it is “state action,” so federal and state constitutional protections apply. Second, the Supreme
Court ruled that when a law, rule, or understanding creates an expectation of continued employment in a
government job, then employees possess a property interest that cannot be taken away without due
process of law.
9A. What is the implication of having property interests in a job? (60)
The person has procedural due process rights. The employee may not be disciplined seriously unless
procedures designed to guarantee fairness are followed.
9. What did the Supreme Court seek to do in Board of Regents v. Roth (1972)? (61)
The Supreme Court explained the conditions that raise government employment to the level of property
interest. The employee must have a legitimate claim of entitlement to continued employment based on
codified rules or explicitly agreed-upon contract terms.
10. What are Loudermill rights? (61)
The right to pre-termination hearing.. Before it makes a decision, the employer must give the employee
notice of the charges, an explanation of the evidence, and an opportunity for the employee to present his
side of the story.
11A. Define “adverse action” and explain who is affected by it. (60)
Formal discipline of an employee involving suspension, salary reductions, demotions and terminations. It
affects civil servants in classified positions.
11. What did the court seek to do in the Pickering case? (62)
Sought to weigh the need for workplace efficiency against employees’ free speech rights to speak out as
citizens in matters of public debate.
2
mynursytest.store
PARADOXES PROCESSES AND PROBLEMS 5TH EDITION BERMAN
Berman, Bowman, West, & Wart, Human Resource Management in Public Service, Fifth Edition. ©
2015, SAGE Publications.
Summary/Review/Discussion Questions and Answers
Chapter 2
1A. Explain the following paradox: “Managers must embrace the law to avoid the law.” (51)
Managers must learn the intricacies of the law to ensure they do not spend their careers entangled in it.
2A. What are the reasons a manager should be familiar with basic legal principles? (51) a.
To avoid liability.
b. To anticipate and prevent problems from developing into lawsuits.
c. To gain the confidence to make tough decision, such as when to discipline an employee.
d. To capably assist in implementing worthy societal objectives such as equality, fairness, dignity,
economic well-being, strong familiar relationship.
2. What are three competing interests that need to be kept in balance? (52)
a. The need of employers to mange their workforce and operations in efficient ways.
b. Rights the employees have in their jobs, privacy, and other matters.
c. The interest of governments to pursue social objectives through public policy.
3A. Describe the overarching paradox in the legal arena and list some of the reasons for it. (51/52)
Those in charge are expected to uphold the law, but the complexities and uncertainties of constitutional,
statutory, administrative and common law make complying frustratingly difficult.
Reasons:
a. Legal requirements and interpretations of them are voluminous and dynamic, so managers
sometimes have the experience that “the more you know, the less you know.
b. Supervisors may contact legal counsel for assistance, but formal options may take considerable
time to obtain and legal staff may be unwilling to stand behind initial, informal opinions.
c. Applying a statute is rarely straightforward.
d. Using case law is tricky because cases are decided on specific facts, but managers seldom
confront identical facts, so they must determine whether minor factual distinctions should alter
the outcome.
e. Legal requirements may be crosscutting so that compliance with one directive conflicts with
another.
3. How can managers stay up to date with legal changes? (53)
Managers can await policy directives from their organizations, use networking, major newspapers, law
firm seminars, the Internet.
4. What is a common law system? (53)
Most “rules in a common law system are not written down in statutes or codes, but are in the form of
judicial opinions. The “law” is built up case by case by judges, to find the law, in addition to reading any
pertinent statutes, one must read judges’ opinions on the matter at hand.
5. What is a civil law system? (56)
Civil law systems place their primary emphasis on legislation. There are comprehensive statutes or codes
enacted by a legislative body on every subject.
1
mynursytest.store
, DOWNLOAD THE TEST BANK FOR HUMAN RESOURCE MANAGEMENT IN PUBLIC SERVICE
PARADOXES PROCESSES AND PROBLEMS 5TH EDITION BERMAN
Berman, Bowman, West, & Wart, Human Resource Management in Public Service, Fifth Edition. ©
2015, SAGE Publications.
7A. Define the principle of “stare decisis”. (56)
Courts generally should abide by precedents established by a superior court.
6. Explain the difference between a binding precedent and a persuasive precedent?
(56)
Binding precedents must be followed by other courts. For a court’s opinion to be controlling precedent or
binding precedent, it must have been written by a court directly up the pyramid from the lower court. A
persuasive precedent refers to a court decision that does not control but that may be followed voluntarily
by another court because the facts are comparable and the reasoning strong.
8A. Which institutions are responsible for most federal employment laws? (56)
The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor.
9A. List some of the federal employment laws. (54-55) a.
Exhibit 2.2
7. Define at-will employment? (58)
Unless the parties have agreed to a specific duration of employment, either party may terminate
employment at any time, without notice, for any lawful reason.
8. What two trends have increased individual rights and eroded the at-will doctrine? (59)
First, the Supreme Court ruled that when a public employer takes adverse personnel action against
employees it is “state action,” so federal and state constitutional protections apply. Second, the Supreme
Court ruled that when a law, rule, or understanding creates an expectation of continued employment in a
government job, then employees possess a property interest that cannot be taken away without due
process of law.
9A. What is the implication of having property interests in a job? (60)
The person has procedural due process rights. The employee may not be disciplined seriously unless
procedures designed to guarantee fairness are followed.
9. What did the Supreme Court seek to do in Board of Regents v. Roth (1972)? (61)
The Supreme Court explained the conditions that raise government employment to the level of property
interest. The employee must have a legitimate claim of entitlement to continued employment based on
codified rules or explicitly agreed-upon contract terms.
10. What are Loudermill rights? (61)
The right to pre-termination hearing.. Before it makes a decision, the employer must give the employee
notice of the charges, an explanation of the evidence, and an opportunity for the employee to present his
side of the story.
11A. Define “adverse action” and explain who is affected by it. (60)
Formal discipline of an employee involving suspension, salary reductions, demotions and terminations. It
affects civil servants in classified positions.
11. What did the court seek to do in the Pickering case? (62)
Sought to weigh the need for workplace efficiency against employees’ free speech rights to speak out as
citizens in matters of public debate.
2
mynursytest.store
