Title: Employee Rights and Responsibilities
Course: Question Banks

Q: Lila recently found out that her employer (a government agency) was keeping a file on her, collecting documentation of her work habits and each time she was late to work. The employer denied Lila access to look at her file. Which act is Lila’s employer in violation of?
- The Fair Credit Reporting Act (Incorrect. The fair credit reporting act requires that employers must obtain written consent to request a candidate’s credit report and must notify that candidate if the information found in their credit report was the basis for any negative decisions.)
- The WARN Act (Incorrect. The Warn Act, or Worker Adjustment & Retraining Notification Act requires companies to provide 60 day notification to employees of a closure or significant layoff of 50 or more workers.)
- EPPA (Incorrect. The Employee Polygraph Protection Act prohibits most private employers from using polygraphs for pre-employment screening or during the course of employment.)
- The Privacy Act (Correct. The Privacy Act requires all federal government agencies to provide employees with access to their personnel file.)
A: The Privacy Act

Q: Johannes is interviewing for a position with a huge private financial firm. The firm would like Johannes to take a polygraph test to see if he has ever been financially dishonest. Which act is this financial firm in violation of?
- The Fair Credit Reporting Act (Incorrect. The fair credit reporting act requires that employers must obtain written consent to request a candidate’s credit report and must notify that candidate if the information found in their credit report was the basis for any negative decisions.)
- The WARN Act (Incorrect. The Warn Act, or Worker Adjustment & Retraining Notification Act requires companies to provide 60 day notification to employees of a closure or significant layoff of 50 or more workers.)
- The Privacy Act (Incorrect. The Privacy Act requires all federal government agencies to provide employees with access to their personnel file.)
- EPPA (Correct. The Employee Polygraph Protection Act prohibits most private employers from using polygraphs for pre-employment screening or during the course of employment.)
A: EPPA

Q: Which of the following statements correctly explain an employer’s ability to control or discipline an employee’s behavior outside the workplace?
- Employers generally have the right to determine whether an employee can smoke outside of work or not. (Incorrect. Employers have the right to determine behavior in the workplace. State laws determine how much an employer can detail about an employee’s life outside the office.)
- Federal laws, such as the National Labor Relations Act and the Occupational Safety and Health Act are in place to determine how much control an employer has over an employee outside of work. (Incorrect. Employee conduct, as designated by the employer, outside of work is most specifically determined state by state.)
- Employers cannot determine what an employee can and cannot do outside of the workplace. (Incorrect. States have laws in place to determine how much influence an employer can have over an employee outside of the workplace.)
- An employer’s ability to control or discipline an employee’s behavior outside the workplace varies by state, so it’s important to know the state laws. (Correct. The National Labor Relations Act and the Occupational Safety and Health Act apply to human conduct in general. Specifics are outlined in state laws.)
A: An employer’s ability to control or discipline an employee’s behavior outside the workplace varies by state, so it’s important to know the state laws.

Q: Your employer, in California, has made it clear that they support candidate X in the upcoming election. You are worried they will find out that you support candidate Y, and will fire you. Would this be allowed?
- No, this would not be allowed because you are entitled to your own opinions. (Incorrect. Opinions are not protected, but political affiliations in the state of California are.)
- Yes, the employer made it clear that your views must align with theirs. (Incorrect. California state law prohibits employers from controlling or influencing employees’ political activities or affiliations.)
- Yes, this is allowed because you work for an organization that has received donations from candidate X in the past. (Incorrect. Regardless of the affiliations your employer has with outside parties, political affiliation is protected in the state of California.)
- No, this would not be allowed because California protects an employee’s right to engage in political activity. (Correct. California law prohibits employers from controlling or influencing political activities or affiliations.)
A: No, this would not be allowed because California protects an employee’s right to engage in political activity.

Q: Which of the following is NOT a protected behavior outside the workplace in the state of California?
- Smoking tobacco (Incorrect. Since smoking is a legal activity, it is allowed outside the workplace, even if it is not allowed at work.)
- Political affiliation (Incorrect. California allows employees the right to their own political affiliation, regardless of their employer’s political affiliation.)
- Drinking alcohol (Incorrect. Since drinking alcohol is legal for 21+, an employee may not be fired for alcohol consumption outside of work hours, as long as they are over 21 years old.)
- Illegal drug use (Correct. If drug testing is mandated in the office, an employee is not protected if they use illegal drugs, even if it is outside of work.)
A: Illegal drug use

Q: You and your co-worker are becoming increasingly upset over the long hours you are expected to work in order to have vacation time approved. You’ve decided to turn to social media to ask input from your network about ways to proceed so you can have better working conditions. Which of the following statements would be true in this situation?
- Your employer may discipline you since the comments made are disparaging towards the company. (Incorrect. Talking about work-related issues, such as better hours and working conditions are considered concerted activity.)
- You can’t be punished since your opinions are private. (Incorrect. An employee can only be punished if their comments aren’t considered concerted activity.)
- If your employer sees these comments, you will be fired. (Incorrect. Talking about work-related issues, such as better hours and working conditions are considered concerted activity and are protected.)
- Your employer could not discipline you since the comments represent concerted activity (Correct. This situation is protected since employees have the “right to act with co-workers to address work-related issues.”)
A: Your employer could not discipline you since the comments represent concerted activity

Q: Which of the following are considered “protected concerted activity”?
- Posting on social media your dislike of your employer’s board of directors. (Incorrect. This may be viewed as disparaging and not a protected concerted activity.)
- Interviewing with media about the poor quality of your employer’s products. (Incorrect. This would be considered disparaging your employer’s products if you don’t follow the proper company complaint procedure, and would not be protected as a concerted activity.)
- Posting anything about your employer is protected, as long as it’s on your own private page. (Incorrect. Posts that are “egregiously offensive or knowingly and maliciously false” or “publicly disparaging to your employer’s products or services without relating your complaints to any labor controversy” is not protected concerted activity.)
- Discussing with fellow employees the need for union protection to get better working conditions. (Correct. Discussions of better working conditions is considered a concerted activity.)
A: Discussing with fellow employees the need for union protection to get better working conditions.

Q: Which of the following is NOT a protected concerted activity?
- posting publicly, with co-workers, on social media the need for a union in your workplace to improve working conditions (Incorrect. This is an example of a protected concerted activity since the NLRB notes employees have the right to talk with co-workers to address work-related issues.)
- openly post on social media about how little pay you make at your job (Incorrect. The NLRB allows for openly talking about pay and benefits, and is a protected concerted activity.)
- speaking with the media about problems in your workplace (Incorrect. The NLRB allows for openly talking about problems in the workplace, and is a protected concerted activity.)
- posting maliciously about an employer who demoted you (Correct. Malicious posts are not protected as concerted activity, and can result in discharge, discipline, and/or questioning.)
A: posting maliciously about an employer who demoted you

Q: During onboarding, employees must sign an at-will agreement. What does this mean?
- An employee must have a current last will and testament before being hired. (Incorrect. “At will” is short for the Employment at Will Doctrine. The Employment at Will Doctrine allows for employment to continue indefinitely until terminated by either employer or employee.)
- At-will employees sign away certain rights that would otherwise be protected federally. (Incorrect. Employees are not allowed to sign away any of their federally or state protected rights.)
- Employees can be terminated at any time, without notice, for any reason. (Incorrect. Employees can be terminated for almost any reason. Employees cannot be terminated for certain state or federally protected reasons.)
- The employer may terminate an employee at any time for any reason (as long as that reason is not illegal), or for no reason at all (Correct. At-will employment allows employment for an indefinite period of time that may be terminated by either the employer or employee.)
A: The employer may terminate an employee at any time for any reason (as long as that reason is not illegal), or for no reason at all

Q: A fellow coworker explains to you that they signed an at-will employment agreement upon being hired. They recently were offered a better position at a different company. They are wondering if they can quit their current position to take the new job. What is your advice to them?
- They should stay in their current position for a year, at least, in order to receive a good recommendation upon leaving. (Incorrect. At will employment agreements allow for either party to terminate the employment agreement at any time. There is no minimum amount of time an employee must stay at a position.)
- You advise your co-worker to stay in their current position until the end of their at-will agreement. (Incorrect. At-will agreements do not have a specified end date. They are signed in perpetuity until either party ends the agreement.)
- Since either employer or employee can end the agreement at any time, they are free to quit and start their new job tomorrow. (Incorrect. While this is technically true, it is still a best practice to give proper notice that you will be leaving your job to your employer.)
- Since they signed an at-will agreement, they are free to leave the company at any time for any reason, but should still give proper notice they are leaving. (Correct. Since they signed an at-will agreement, either party is able to terminate the employment for any legal reason. A best practice is still to give notice (often 2 weeks), so they company can have time to find a replacement for them.)
A: Since they signed an at-will agreement, they are free to leave the company at any time for any reason, but should still give proper notice they are leaving.

Q: Which of the following is NOT a consequence of at-will employment?
- Either party can end the employment agreement at any time. (Incorrect. This is a potential consequence of at-will employment. Employers and employees are both able to end the employment at any time, for any legal reason.)
- An employer can change the terms of an employment relationship with no notice and no consequences. (Incorrect. This is a potential consequence of at-will employment. Employers may change the terms of employment, including compensation and benefits.)
- An employer may change the salary or commission structure and modify or eliminate benefits at any time. (Incorrect. This is a potential consequence of at-will employment. Employers may change the terms of employment, including compensation and benefits.)
- Employees can only be terminated for “just cause,” like unsatisfactory performance or misconduct. (Correct. At-will employment agreements allow employers to terminate an employee for any legal reason.)
A: Employees can only be terminated for “just cause,” like unsatisfactory performance or misconduct.

Q: Which of the following options is NOT an exception to the at will doctrine?
- public policy (Incorrect. The public policy exception protects employees from adverse employment actions that violate a public interest.)
- implied contract (Incorrect. An implied contract of employment commits the employer to a term of employment, and the employee may have a valid expectation of continued employment unless there is cause-based termination.)
- implied covenant of good faith (Incorrect. The “implied covenant of good faith” is a general assumption of the law of contracts that people will act in good faith and deal fairly without breaking their word.)
- change in marital status (Correct. A person’s change in marital status does not make an exception to the at will doctrine.)
A: change in marital status

Q: A social media marketing employee (who had signed an at-will agreement upon hire) just landed a huge sales contract, and expects to earn over $60,000 in commission at the end of this quarter. He received notification that the company is downsizing, and his employment was being terminated immediately. Which of the following statements best applies?
- This would be allowed, because of the at-will employment agreement. (Incorrect. There are exceptions to the at-will employment agreement. In this case, the exception would be the implied covenant of good faith.)
- This would not be allowed, due to the public policy exception. (Incorrect. The public policy exception protects employees from adverse employment actions that violate a public interest.)
- This would be allowed, because company downsizing is a legal reason to let employees go. (Incorrect. Even though this is true, the company would be considered acting in bad faith if they let the employee go before paying out their commission.)
- This would not be allowed, because of the implied covenant of good faith exception. (Correct. A company cannot act in bad faith, such as firing a salesperson to avoid paying their commission.)
A: This would not be allowed, because of the implied covenant of good faith exception.

Q: An employee cannot be fired because they refused an employer’s request to commit perjury at a trial. If the employee signed an at-will agreement, why wouldn’t the employer be able to fire them?
- due to the implied contract exception to the at-will doctrine (Incorrect. The “implied covenant of good faith” is a general assumption of the law of contracts that people will act in good faith and deal fairly without breaking their word.)
- due to the implied covenant of good faith exception to the at-will doctrine (Incorrect. The “implied covenant of good faith” is a general assumption of the law of contracts that people will act in good faith and deal fairly without breaking their word.)
- due to stipulations covered in the at-will doctrine (Incorrect. The at-will doctrine has 3 exceptions - the public policy exception, implied contract exception, and the implied covenant of good faith.)
- due to the public policy exception to the at-will doctrine (Correct. The public policy exception protects employees from adverse employment actions that violate a public interest.)
A: due to the public policy exception to the at-will doctrine

Q: What is the purpose of discipline?
- To allow companies to force employees out of employment (Incorrect. Discipline in the workplace is designed to eliminate behavior that would derail effective work groups or prompt the departure of high performing employees.)
- To create a hostile work environment (Incorrect. The purpose of discipline is to eliminate undesirable behavior in the workplace and enforce desired behavior.)
- To push out high performing employees so they don’t have to pay their higher salaries (Incorrect. The purpose of discipline is to keep higher performing employees by eliminating employee behavior that derails effective work groups.)
- To establish, communicate, and enforce standards of behavior and performance (Correct. Companies must establish, communicate, and enforce standards of behavior and performance to promote desired behavior and discontinue behavior that may negatively affect the workplace.)
A: To establish, communicate, and enforce standards of behavior and performance

Q: The following are all examples of the purpose of discipline within a company, EXCEPT:
- enforce desired behavior to avoid contaminating the culture with undesired behavior. (Incorrect. Enforcing desired behavior will lead to a more effective organization.)
- instruct and correct behavior. (Incorrect. Instructing and correcting behavior is one effective way to create the desired workplace culture for an organization.)
- provide a consequence for an employee’s undesired behavior. (Incorrect. Providing and enforcing consequences reinforces the purpose of discipline by ensuring the desired culture is achieved.)
- punishment for low performance. (Correct. Punishment is not the objective of disciplinary action. Discipline is intended to provide a consequence for an employee’s undesirable behavior so the positive workplace culture can thrive.)
A: punishment for low performance.

Q: How might workplace discipline be beneficial to the employee?
- Discipline punishes bad employees, so good employees are more likely to promote. (Incorrect. The purpose of discipline is never to punish. It is to instruct and correct an action that may be toxic to the workplace.)
- Discipline by an employer will let an employee know how the employer feels about them. (Incorrect. The purpose of discipline is not to single-out employees or administer punishment because an employer does not like them. The purpose is to instruct and correct behavior that is preventing employees from reaching an acceptable level of productivity.)
- The employee will be fired right away, so they will have more time to look for a new job (Incorrect. Discipline does not always lead to termination. It is a means for a company to increase overall productivity by communicating and enforcing behavioral standards.)
- Discipline helps employees improve their performance. (Correct. Employees may be unaware of behaviors and actions that are preventing them from reaching acceptable levels of performance.)
A: Discipline helps employees improve their performance.

Q: A suggested analogy that may help managers understand what is required with the progressive discipline process is the “hot stove” analogy. Which of the following is NOT part of that analogy?
- The experience should be an immediate and painful response (Incorrect. A painful and immediate response allows for no question regarding the cause and effect of the discipline.)
- Have advance warning (Incorrect. Employees should have advance warning and know what will happen when they touch the “hot stove”.)
- Experience the result as impersonal (Incorrect. An employee should experience the result as impersonal - the burn, or consequence, is related to their action and not their personality.)
- The employee should be able to have several minor offences before a major offense (Correct. The scope of the “burn” should reflect the severity of the offense.)
A: The employee should be able to have several minor offences before a major offense

Q: What is generally the correct order for progressive discipline process?
- Verbal warning, suspension with pay, suspension without pay, termination (Incorrect. The employee would generally receive a written warning before being suspended.)
- Written warning, verbal warning, suspension, termination (Incorrect. Verbal warnings are generally given before written warnings. Written warnings are generally considered to be the “official” warning.)
- Employee offense, verbal and written warning, suspension, termination (Incorrect. The employee offense is not considered to be part of the discipline process. The progressive discipline process is a response to the employee offense.)
- Verbal warning, written warning, suspension, termination (Correct. The scope of the discipline should progress with severity of the offense.)
A: Verbal warning, written warning, suspension, termination

Q: How does the “Weingarten Right” impact the progressive discipline process for unionized employees?
- It allows the employee to skip the interview process (Incorrect. The employer may decide to skip the interview requested to avoid meeting with union representation)
- It allows the employee to skip disciplinary action because they are represented by a union (Incorrect. The “Weingarten Right” allows the employee to have a union representative present with them at any investigative interview.)
- Employees may not be disciplined unless the employer contacts the union first. (Incorrect. The “Weingarten Right” allows the employee to have a union representative present to provide guidance before any investigative interviews done by the employer.)
- If the employee is protected by a union, it allows the employee to have union representation during any investigative interviews (Correct. The “Weingarten Right” only impacts unionized employees. If an interview is requested by the employer, the employee is allowed to exercise their “Weingarten Right” to have a union representative present during the interview.)
A: If the employee is protected by a union, it allows the employee to have union representation during any investigative interviews