PHR/SPHR Employee & Labor Relations
– HRCI With Answers
Tort - Answer - A civil action based on a duty or obligation that has been breached by one party, causing
an injury of some kind to the other.
Common-Law Doctrine - Answer - The result of a legal decision made by judges in cases adjudicated
over a period of centuries.
Common Law Issues - Answer - Employment at will, respondent superior, constructive discharge and
defamation
Contract Exceptions - Answer - Employment at will may be abrogated by contracts either expressed or
implied.
Express Contract - Answer - Can be a verbal or written agreement in which the parties state exactly
what they agree to do. Statements of gratitude can negate at will employment ("you will have a job for
life")
Implied Contract - Answer - Can be created by an employers conduct and need not be specifically
stated. For example, a consistently applied progressive discipline policy, implies EE wont be termed for
without going through the steps. A disclaimer can help with an implied contract.
Statutory Exceptions - Answer - At will can not be used to term for discriminatory reasons.
Peterman v International Brotherhood of Teamsters - Answer - Cant term for refusing to commit
perjury.
4 - Public Policy Exceptions - Answer - 1. Employees who refuse to break the law on behalf of employer
(Peterman)
2. Employees who report illegal acts of their employer (whistle-blowers)
, 3. Employees who participate in activities supported by public policy, such as cooperating in government
investigation of wrongdoing by the ER
4. Employees who are acting in accordance with legal statute, such as attending jury duty or filing
workers compensation claim.
Duty of Good Faith & Fair Dealing - Answer - Common Law tenet that parties to a contract have an
obligation to act in a fair and honest manner to ensure benefit of contract is realized.
Promissory Estoppel - Answer - Occurs when an ER entices an EE or prospective EE to take action by
promising a reward. EE takes the action but ER does not follow through on reward. ER may be required
to follow through or pay equivalent damages.
Fraudulent Misrepresentation - Answer - Similar to Promissory Estoppel is related to ER promises made
to entice candidates to join a company. Will be closing a location in 6 months does not disclose.
Respondeat Superior - Answer - "Let the master answer" ER can be held liable for actions of its EE's that
occur within the scope and course of assigned duties, regardless if the act is negligent or reckless. Sexual
Harassment, Auto Accident, Vacation Time (even if promise of extra vacation was not put in writing, was
not approved ER could be required to provide)
Constructive Discharge - Answer - When ER makes workplace so hostile that EE resigns.
Defamation/Malicious Defamation - Answer - most often occur during or after termination. A
communication that damages an individuals reputation in community. Malicious - done out of spite,
deliberate. Causing ER's not to give references
Qualified Privilege - Answer - ER's are protected by this if the information provided is job-related,
truthful, clear and unequivocal. Obtaining written authorization prior can reduce risk.
Quid Pro Quo Sexual Harassment - Answer - "This for That" sexual favors in return for some type of
favorable employment action.
Hostile Work Environment - Answer - EEOC defines as unwelcome verbal or physical conduct
– HRCI With Answers
Tort - Answer - A civil action based on a duty or obligation that has been breached by one party, causing
an injury of some kind to the other.
Common-Law Doctrine - Answer - The result of a legal decision made by judges in cases adjudicated
over a period of centuries.
Common Law Issues - Answer - Employment at will, respondent superior, constructive discharge and
defamation
Contract Exceptions - Answer - Employment at will may be abrogated by contracts either expressed or
implied.
Express Contract - Answer - Can be a verbal or written agreement in which the parties state exactly
what they agree to do. Statements of gratitude can negate at will employment ("you will have a job for
life")
Implied Contract - Answer - Can be created by an employers conduct and need not be specifically
stated. For example, a consistently applied progressive discipline policy, implies EE wont be termed for
without going through the steps. A disclaimer can help with an implied contract.
Statutory Exceptions - Answer - At will can not be used to term for discriminatory reasons.
Peterman v International Brotherhood of Teamsters - Answer - Cant term for refusing to commit
perjury.
4 - Public Policy Exceptions - Answer - 1. Employees who refuse to break the law on behalf of employer
(Peterman)
2. Employees who report illegal acts of their employer (whistle-blowers)
, 3. Employees who participate in activities supported by public policy, such as cooperating in government
investigation of wrongdoing by the ER
4. Employees who are acting in accordance with legal statute, such as attending jury duty or filing
workers compensation claim.
Duty of Good Faith & Fair Dealing - Answer - Common Law tenet that parties to a contract have an
obligation to act in a fair and honest manner to ensure benefit of contract is realized.
Promissory Estoppel - Answer - Occurs when an ER entices an EE or prospective EE to take action by
promising a reward. EE takes the action but ER does not follow through on reward. ER may be required
to follow through or pay equivalent damages.
Fraudulent Misrepresentation - Answer - Similar to Promissory Estoppel is related to ER promises made
to entice candidates to join a company. Will be closing a location in 6 months does not disclose.
Respondeat Superior - Answer - "Let the master answer" ER can be held liable for actions of its EE's that
occur within the scope and course of assigned duties, regardless if the act is negligent or reckless. Sexual
Harassment, Auto Accident, Vacation Time (even if promise of extra vacation was not put in writing, was
not approved ER could be required to provide)
Constructive Discharge - Answer - When ER makes workplace so hostile that EE resigns.
Defamation/Malicious Defamation - Answer - most often occur during or after termination. A
communication that damages an individuals reputation in community. Malicious - done out of spite,
deliberate. Causing ER's not to give references
Qualified Privilege - Answer - ER's are protected by this if the information provided is job-related,
truthful, clear and unequivocal. Obtaining written authorization prior can reduce risk.
Quid Pro Quo Sexual Harassment - Answer - "This for That" sexual favors in return for some type of
favorable employment action.
Hostile Work Environment - Answer - EEOC defines as unwelcome verbal or physical conduct
