EMPLOYMENT AND LABOR LAW (PROO)
D352 EXAM QUESTIONS WITH CORRECT
ANSWERS
A |manager |has |posted |false |rumors |on |social |media |that |a |terminated |employee |is |not |eligible
|for |rehire |based |on |what |they |overheard |about |the |employee.
Libel
3 |multiple |choice |options
A |senior |financial |analyst |files |a |hostile |work |environment |claim |against |their |manager |for |
inappropriate |comments |and |promises |of |a |promotion |if |they |go |on |a |date |with |them. |Shortly
|after |the |complaint |investigation, |the |senior |financial |analyst |is |moved |to |a |lower |pay |grade, |
and |their |salary |is |reduced.
Retaliatory |demotion
3 |multiple |choice |options
Two |employees |were |dating |at |work, |and |one |of |them |ended |the |relationship. |The |employee |
who |was |rejected |wanted |revenge. |To |embarrass |their |ex-partner, |they |created |a |fake |social |
media |account |and |posted |private |pictures |that |were |sent |during |their |relationship. |Once |the |
postings |started |spreading |around |the |workplace, |the |inflicted |employee |was |embarrassed, |
missed |several |days |of |work, |and |started |looking |for |another |job.
Delivering |emotional |distress
3 |multiple |choice |options
An |employee |was |called |to |act |as |a |witness |during |a |wage |and |hour |investigation. |The |
employee |agreed |with |another |employee's |complaint |by |admitting |they |had |worked |off |the |
clock |at |the |department |manager's |direction. |The |manager |was |disciplined |and |told |not |to |do |
this |again. |A |couple |of |months |later, |the |same |employee |was |removed |from |their |current |
department |trainer |position |and |made |a |regular |associate. |This |change |in |status |caused |the |
employee |to |lose |the |ability |to |earn |extra |pay |as |a |trainer.
Retaliatory |demotion
3 |multiple |choice |options
,A |new |employee |is |provided |with |the |company |employee |handbook |their |first |day |at |work. |
The |employee |reports |to |work |at |8 |a.m. |for |the |first |30 |days |but |then |starts |to |report |to |work |
at |9 |a.m. |for |the |next |two |weeks. |The |handbook |clearly |describes |the |attendance |policy, |
stating |business |hours |are |8 |a.m.-5 |p.m. |The |employer |terminates |the |employee |due |to |
unsatisfactory |performance.
Model |Employment |Termination |Act
3 |multiple |choice |options
A |global |pandemic |has |forced |a |company |to |lay |off |over |half |of |its |workers. |Due |to |how |
quickly |government |regulations |changed |and |the |effects |of |the |subsequent |financial |crisis, |the
|company |provided |less |than |60 |days' |notice |to |the |affected |workers. |Why |is |this |acceptable |
under |federal |policy?
The |loss |of |personnel |was |due |to |unforeseen |circumstances.
3 |multiple |choice |options
A |supervisor |details |the |terms |of |the |90-day |probationary |period |to |new |employees |and |
states |that |failure |to |perform |job |duties |during |that |time |adequately |will |result |in |termination.
Which |type |of |contract |is |the |supervisor |confirming?
Express
3 |multiple |choice |options
A |telecommunications |repair |employee |uses |their |vehicle |for |work |and |is |tracked |using |the |
Global |Positioning |System |(GPS) |during |work |hours |for |productivity |and |routing |purposes. |The |
next |day |at |work, |their |supervisor |comments |about |the |restaurant |the |employee |went |to |with
|their |spouse |the |night |before. |When |asked |how |this |information |was |obtained, |the |employee |
is |told |they |were |still |being |tracked |after |work. |The |employee |visits |an |attorney |and |sues |the |
employer.
How |should |the |employer |have |protected |the |employee's |privacy |rights?
Removed |GPS |at |the |end |of |the |day
3 |multiple |choice |options
A |supervisor |at |Plant |A |overhears |a |conversation |about |an |accident |at |Plant |B |where |five |
employees |were |seriously |injured. |One |employee |has |a |permanent |injury |to |their |left |hand |
that |slows |down |their |performance |and |plans |on |transferring |to |Plant |A. |When |the |employee |
, reports |to |Plant |A, |the |supervisor |terminates |the |employee, |believing |that |the |employee |will |
slow |down |production.
Which |legislation |allows |the |employee |to |file |a |lawsuit |against |the |employer |based |on |the |
action |taken |by |the |supervisor?
Health |Insurance |Portability |and |Accountability |Act |(HIPAA)
3 |multiple |choice |options
An |employee |made |statements |about |their |colleague's |performance |during |the |annual |
performance |review |period |and |escalated |the |feedback |through |proper |channels. |The |
supervisor |passed |over |the |colleague |for |a |promotion |due |to |the |feedback. |The |colleague |filed
|a |defamation |lawsuit |alleging |slander |by |the |employee. |The |employee |believes |they |were |
helping |the |colleague.
Why |are |the |employee's |comments |immune |from |the |defamation |lawsuit?
The |employee |is |protected |by |qualified |privilege |because |the |statements |were |made |in |good |
faith.
3 |multiple |choice |options
A |company |is |laying |off |half |its |technical |staff |due |to |losing |a |product |line |and |has |provided |a |
60-day |notice. |The |affected |employees |voice |their |frustration |with |the |decision |to |other |staff. |
The |company |has |begun |to |limit |the |employees' |access |to |key |information.
Why |did |the |company |take |this |action?
To |protect |proprietary |information |and |knowledge
3 |multiple |choice |options
Candidates |for |firefighter |positions |must |meet |certain |height |and |weight |requirements |to |be |
eligible |to |work |in |a |particular |city. |The |fire |department |will |determine |from |the |Uniform |
Guidelines |on |Employee |Selection |Procedures |if |the |requirements |are |valid |criteria.
How |should |the |fire |department |determine |this?
Prove |a |statistical |correlation |with |high |job |performance
3 |multiple |choice |options
A |hospital |prides |itself |on |hiring |a |diverse |workforce. |To |ensure |it |provides |the |best |medical |
care, |the |hospital |requires |that |all |personnel |speak |only |English |in |the |operating |room |even |if |
D352 EXAM QUESTIONS WITH CORRECT
ANSWERS
A |manager |has |posted |false |rumors |on |social |media |that |a |terminated |employee |is |not |eligible
|for |rehire |based |on |what |they |overheard |about |the |employee.
Libel
3 |multiple |choice |options
A |senior |financial |analyst |files |a |hostile |work |environment |claim |against |their |manager |for |
inappropriate |comments |and |promises |of |a |promotion |if |they |go |on |a |date |with |them. |Shortly
|after |the |complaint |investigation, |the |senior |financial |analyst |is |moved |to |a |lower |pay |grade, |
and |their |salary |is |reduced.
Retaliatory |demotion
3 |multiple |choice |options
Two |employees |were |dating |at |work, |and |one |of |them |ended |the |relationship. |The |employee |
who |was |rejected |wanted |revenge. |To |embarrass |their |ex-partner, |they |created |a |fake |social |
media |account |and |posted |private |pictures |that |were |sent |during |their |relationship. |Once |the |
postings |started |spreading |around |the |workplace, |the |inflicted |employee |was |embarrassed, |
missed |several |days |of |work, |and |started |looking |for |another |job.
Delivering |emotional |distress
3 |multiple |choice |options
An |employee |was |called |to |act |as |a |witness |during |a |wage |and |hour |investigation. |The |
employee |agreed |with |another |employee's |complaint |by |admitting |they |had |worked |off |the |
clock |at |the |department |manager's |direction. |The |manager |was |disciplined |and |told |not |to |do |
this |again. |A |couple |of |months |later, |the |same |employee |was |removed |from |their |current |
department |trainer |position |and |made |a |regular |associate. |This |change |in |status |caused |the |
employee |to |lose |the |ability |to |earn |extra |pay |as |a |trainer.
Retaliatory |demotion
3 |multiple |choice |options
,A |new |employee |is |provided |with |the |company |employee |handbook |their |first |day |at |work. |
The |employee |reports |to |work |at |8 |a.m. |for |the |first |30 |days |but |then |starts |to |report |to |work |
at |9 |a.m. |for |the |next |two |weeks. |The |handbook |clearly |describes |the |attendance |policy, |
stating |business |hours |are |8 |a.m.-5 |p.m. |The |employer |terminates |the |employee |due |to |
unsatisfactory |performance.
Model |Employment |Termination |Act
3 |multiple |choice |options
A |global |pandemic |has |forced |a |company |to |lay |off |over |half |of |its |workers. |Due |to |how |
quickly |government |regulations |changed |and |the |effects |of |the |subsequent |financial |crisis, |the
|company |provided |less |than |60 |days' |notice |to |the |affected |workers. |Why |is |this |acceptable |
under |federal |policy?
The |loss |of |personnel |was |due |to |unforeseen |circumstances.
3 |multiple |choice |options
A |supervisor |details |the |terms |of |the |90-day |probationary |period |to |new |employees |and |
states |that |failure |to |perform |job |duties |during |that |time |adequately |will |result |in |termination.
Which |type |of |contract |is |the |supervisor |confirming?
Express
3 |multiple |choice |options
A |telecommunications |repair |employee |uses |their |vehicle |for |work |and |is |tracked |using |the |
Global |Positioning |System |(GPS) |during |work |hours |for |productivity |and |routing |purposes. |The |
next |day |at |work, |their |supervisor |comments |about |the |restaurant |the |employee |went |to |with
|their |spouse |the |night |before. |When |asked |how |this |information |was |obtained, |the |employee |
is |told |they |were |still |being |tracked |after |work. |The |employee |visits |an |attorney |and |sues |the |
employer.
How |should |the |employer |have |protected |the |employee's |privacy |rights?
Removed |GPS |at |the |end |of |the |day
3 |multiple |choice |options
A |supervisor |at |Plant |A |overhears |a |conversation |about |an |accident |at |Plant |B |where |five |
employees |were |seriously |injured. |One |employee |has |a |permanent |injury |to |their |left |hand |
that |slows |down |their |performance |and |plans |on |transferring |to |Plant |A. |When |the |employee |
, reports |to |Plant |A, |the |supervisor |terminates |the |employee, |believing |that |the |employee |will |
slow |down |production.
Which |legislation |allows |the |employee |to |file |a |lawsuit |against |the |employer |based |on |the |
action |taken |by |the |supervisor?
Health |Insurance |Portability |and |Accountability |Act |(HIPAA)
3 |multiple |choice |options
An |employee |made |statements |about |their |colleague's |performance |during |the |annual |
performance |review |period |and |escalated |the |feedback |through |proper |channels. |The |
supervisor |passed |over |the |colleague |for |a |promotion |due |to |the |feedback. |The |colleague |filed
|a |defamation |lawsuit |alleging |slander |by |the |employee. |The |employee |believes |they |were |
helping |the |colleague.
Why |are |the |employee's |comments |immune |from |the |defamation |lawsuit?
The |employee |is |protected |by |qualified |privilege |because |the |statements |were |made |in |good |
faith.
3 |multiple |choice |options
A |company |is |laying |off |half |its |technical |staff |due |to |losing |a |product |line |and |has |provided |a |
60-day |notice. |The |affected |employees |voice |their |frustration |with |the |decision |to |other |staff. |
The |company |has |begun |to |limit |the |employees' |access |to |key |information.
Why |did |the |company |take |this |action?
To |protect |proprietary |information |and |knowledge
3 |multiple |choice |options
Candidates |for |firefighter |positions |must |meet |certain |height |and |weight |requirements |to |be |
eligible |to |work |in |a |particular |city. |The |fire |department |will |determine |from |the |Uniform |
Guidelines |on |Employee |Selection |Procedures |if |the |requirements |are |valid |criteria.
How |should |the |fire |department |determine |this?
Prove |a |statistical |correlation |with |high |job |performance
3 |multiple |choice |options
A |hospital |prides |itself |on |hiring |a |diverse |workforce. |To |ensure |it |provides |the |best |medical |
care, |the |hospital |requires |that |all |personnel |speak |only |English |in |the |operating |room |even |if |
