Employment and Labor Law Exam Questions with Correct Answers Latest Version 2025
family vocations, which they would inevitably enter. - Answers The history of employment law states
that in pre-industrial times, most people found employment through what?
Employers - Answers In past history of employment law, who had most of the power in employer-
employee relationships?
industrial revoluation - Answers The _________________________________ brought changes to
employment law and a trend toward employment contracts.
Employee At Will - Answers An ____________________________________ are those that did not have
an employment contract and thus, could be fired for a good reason, a bad reason, or no reason at all.
1. Created the National Labor Relations Board (NLRB) to enforce labor laws.
2. Prohibits employers from penalizing workers who engage in union activity (for example, forming a
new union or joining a preexisting union)
3. Requires employers to "bargain in good faith" with unions. - Answers The National Labor Relations Act
(NLRA or the Wagner Act) provides what 3 protections for employees?
Right to work laws - Answers These laws are statutes in 28 U.S. states that prohibit union security
agreements between companies and workers' unions
yes - Answers Is Virginia a right to work state?
The Family and Medical Leave Act (FMLA) - Answers Passed in 1993, this act guarantees both men and
women up to 12 weeks of unpaid leave each year for childbirth, adoption, or a serious health condition
of their own or a family members.
equivalent - Answers An employee who takes a leave under The Family and Medical Leave Act (FMLA)
must be allowed to return to to the same job, or an ____________________ position with the same pay
and benefits.
50 ; 1 - Answers The FMLA applies only to companies with at least __________ workers and to those
employees who have been with the company full-time for at least __________ year(s).
Wrongful Discharge - Answers Prohibits an employer from firing a worker for a bad reason; one that
violates basic social, rights, duties or responsibilities.
1. Refusing to violate the law
2. Exercises a legal right (ex. file for workman's' comp)
3. Performs a legal duty (jury duty) - Answers What are the 3 categories of wrongful discharge; the 3
things that an employer CANNOT fire an employee for doing?
, Oral - Answers ________________ promises made during the hiring process are generally enforceable
and employers may be liable for promises they cannot keep OR for failure to disclose important info in
the hiring process
Yes (de facto) - Answers Does an employee handbook create a contract?
covenant of good faith and fair dealing - Answers In some cases, courts will imply a covenant of
________________________________________________________ in at at-will employment contract
which imposes a requirement of good faith when dismissing an employee, even in at-will contracts.
To avoid paying promised income or benefits - Answers In the employment context, cases that violate
the "covenant of good faith and fair dealing" mostly arise in situations where an employee fires a worker
for what reason?
Defamation - Answers Employees may be liable for this tort when they give false
and unfavorable references about a former employee.
qualified privilege - Answers More than half of the states recognize a
_________________________________ for former employers who give references which means that
employers are protected unless the statement is know to be false OR was given in ill will.
No, employers are generally not required to give any information about former employees, but may
sometimes be held liable IF potentially dangerous info is withheld - Answers Do past employers have any
obligation to give info on former employees?
Intentional Infliction of Emotional Distress - Answers Employers who condone cruel treatment of their
workers may face liability under this tort.
Whistleblower - Answers Employees who disclose illegal behavior on the part of their employer
The False Claims Act - Answers This statute protects employees from being fired who notify the
government of their employer defrauding the government
Sarbanes-Oxley Act of 2002 - Answers This act protects employees of publicly traded companies who
provide evidence of fraud to investigators.
The Civil Service Reform Act and the Whistle-blower Protection Act - Answers These two acts protect
federal employees who report wrongdoings
True - Answers T/F: All 50 states have laws that protect whistle-blowers from retaliation by their
employers
No - Answers In many places, can off-duty conduct be regulated by the employer?
private ; government - Answers Alcohol and drug testing is allowed by __________________ businesses,
but ____________________ employers may only test if signs of use are seen or if safety is an issue.
family vocations, which they would inevitably enter. - Answers The history of employment law states
that in pre-industrial times, most people found employment through what?
Employers - Answers In past history of employment law, who had most of the power in employer-
employee relationships?
industrial revoluation - Answers The _________________________________ brought changes to
employment law and a trend toward employment contracts.
Employee At Will - Answers An ____________________________________ are those that did not have
an employment contract and thus, could be fired for a good reason, a bad reason, or no reason at all.
1. Created the National Labor Relations Board (NLRB) to enforce labor laws.
2. Prohibits employers from penalizing workers who engage in union activity (for example, forming a
new union or joining a preexisting union)
3. Requires employers to "bargain in good faith" with unions. - Answers The National Labor Relations Act
(NLRA or the Wagner Act) provides what 3 protections for employees?
Right to work laws - Answers These laws are statutes in 28 U.S. states that prohibit union security
agreements between companies and workers' unions
yes - Answers Is Virginia a right to work state?
The Family and Medical Leave Act (FMLA) - Answers Passed in 1993, this act guarantees both men and
women up to 12 weeks of unpaid leave each year for childbirth, adoption, or a serious health condition
of their own or a family members.
equivalent - Answers An employee who takes a leave under The Family and Medical Leave Act (FMLA)
must be allowed to return to to the same job, or an ____________________ position with the same pay
and benefits.
50 ; 1 - Answers The FMLA applies only to companies with at least __________ workers and to those
employees who have been with the company full-time for at least __________ year(s).
Wrongful Discharge - Answers Prohibits an employer from firing a worker for a bad reason; one that
violates basic social, rights, duties or responsibilities.
1. Refusing to violate the law
2. Exercises a legal right (ex. file for workman's' comp)
3. Performs a legal duty (jury duty) - Answers What are the 3 categories of wrongful discharge; the 3
things that an employer CANNOT fire an employee for doing?
, Oral - Answers ________________ promises made during the hiring process are generally enforceable
and employers may be liable for promises they cannot keep OR for failure to disclose important info in
the hiring process
Yes (de facto) - Answers Does an employee handbook create a contract?
covenant of good faith and fair dealing - Answers In some cases, courts will imply a covenant of
________________________________________________________ in at at-will employment contract
which imposes a requirement of good faith when dismissing an employee, even in at-will contracts.
To avoid paying promised income or benefits - Answers In the employment context, cases that violate
the "covenant of good faith and fair dealing" mostly arise in situations where an employee fires a worker
for what reason?
Defamation - Answers Employees may be liable for this tort when they give false
and unfavorable references about a former employee.
qualified privilege - Answers More than half of the states recognize a
_________________________________ for former employers who give references which means that
employers are protected unless the statement is know to be false OR was given in ill will.
No, employers are generally not required to give any information about former employees, but may
sometimes be held liable IF potentially dangerous info is withheld - Answers Do past employers have any
obligation to give info on former employees?
Intentional Infliction of Emotional Distress - Answers Employers who condone cruel treatment of their
workers may face liability under this tort.
Whistleblower - Answers Employees who disclose illegal behavior on the part of their employer
The False Claims Act - Answers This statute protects employees from being fired who notify the
government of their employer defrauding the government
Sarbanes-Oxley Act of 2002 - Answers This act protects employees of publicly traded companies who
provide evidence of fraud to investigators.
The Civil Service Reform Act and the Whistle-blower Protection Act - Answers These two acts protect
federal employees who report wrongdoings
True - Answers T/F: All 50 states have laws that protect whistle-blowers from retaliation by their
employers
No - Answers In many places, can off-duty conduct be regulated by the employer?
private ; government - Answers Alcohol and drug testing is allowed by __________________ businesses,
but ____________________ employers may only test if signs of use are seen or if safety is an issue.
