APHR - EMPLOYEE RELATIONS EXAM
2025 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
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,- 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
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,- 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
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, 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
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2025 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
1 Copyright ©BRIGHSTARS ALL RIGHTS RESERVED 2025
,- 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
2 Copyright ©BRIGHSTARS ALL RIGHTS RESERVED 2025
,- 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
3 Copyright ©BRIGHSTARS ALL RIGHTS RESERVED 2025
, 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
4 Copyright ©BRIGHSTARS ALL RIGHTS RESERVED 2025
