Test Bank Chapter 19 Employment-At–Will And Discharge

Chapter 19 Employment-at–Will and Discharge

Multiple Choice

1. ___________ policy originates with legislative enactments that prohibit, for example, the discharge of employees on the basis of disability, age, race, color, religion, sex, national origin, pregnancy, union membership, and/or filing of safety violation with various governmental agencies.

a. Private

b. Public

c. Contract

d. Implied

2. The common law doctrine that provides that employment is at the will of either the employer or the employee and the employer may terminate that employment or the employee may resign at any time for any or no reason is often referred to as ___________.

a. disclaimer

b. implied contract

c. employment at will

d. employer rights

3. Exceptions to the employment-at-will doctrine involve ___________.

a. fairness

b. public policy issues

c. interference

d. disclaimers

4. An employer’s right to terminate an employee can be limited by ___________.

a. implied agreements

b. collective bargaining agreement

c. oral contract

d. express, implied, and collective bargaining agreements

5. Wrongful discharge suits are generally ___________.

a. not difficult to prove but costly

b. difficult and costly to prove

c. relatively inexpensive to prove

d. good for employee morale

6. The public policy exception to the employment-at-will doctrine provides that employees may not be terminated on the basis of ___________.

a. race

b. sex

c. color

d. all of the above

7. When the employment of an employee ends for any reason or no reason it is generally described as ___________.

a. termination without due process

b. termination for breach of contract

c. employment at-will

d. termination for violation of public policy

8. Generally, when an employee sues an employer for retaliatory wrongful discharge, the employee must prove the underlying action he/she reported against the employer ___________.

a. had actually occurred

b. was made in good faith

c. was not made for personal profit

d. was not a personal vendetta against the employer

9. Public policy also can arise as a result of ___________ decisions that address those issues not covered by statutes and rules.

a. judicial

b. administrative

c. regulation

d. implied

10. When an employee is dismissed and sues the employer for defamation because of statements made about her that were placed in her personnel file, a complete defense to that suit would be ___________.

a. the employee was always a problem

b. there were credible witnesses to the event

c. truth of the statements that were made

d. the employer had never had a defamation action brought against it prior to this one

11. An employee can be terminated with no recourse if ___________.

a. the employer gave 60 days notice and a month of severance pay

b. the employees was participating in union activities

c. it was for financial reasons or other legitimate business reasons

d. the workforce was being changed from exempt to non-exempt status

12. The attempt to drive an employee out of his or her job by intimidation ___________.

a. is a common acceptable practice

b. is a retaliatory way to force an employee to resign

c. demonstrates fairness by an organization’s leadership

d. is acceptable by the courts

13. The public policy exception to the employment-at-will doctrine provides that employees ___________.

a. may not be terminated for reasons that are contrary to public policy

b. may be terminated for any reason

c. may be terminated for reasons that are contrary to public policy

d. may be terminated for reasons of age

14. Any attempt to limit, segregate, or classify employees in any way that would tend to deprive any individual of employment opportunities is ___________.

a. not contrary to public policy

b. contrary to public policy

c. in tune with public policy

d. unfortunately how some managers think but is not contrary to public policy

15. Wrongful discharge was shown in a situation in which the employee/plaintiff was discharged from her position at a nursing facility in retaliation for threatening to report to state authorities instances of alleged patient mistreatment. In such cases, ___________.

a. the employer may discharge an employee for fulfilling societal obligations or in those instances in which the employer acts with a socially undesirable motive

b. it is absolutely against the employee’s right to be to be treated fairly

c. the employer may not discharge an employee for fulfilling societal obligations or in those instances in which the employer acts with a socially undesirable motive

d. the employer is in compliance with the employment-at-will doctrine

16. Carlie made a good-faith report as to the hospital's noncompliance with the drug inventory and recordkeeping requirements required under Oregon regulations. Thus, ___________.

a. her report fulfilled an unimportant societal obligation

b. an employer may not discharge Carlie for making the report

c. the employer’s conduct, including false accusations that Carlie had taken cocaine, gave no rise to an action for the infliction of emotional distress

d. this case should have been prevented from going forward, favoring the employer’s actions

17. An employee who believes that he or she has been unfairly discharged will most likely seek access to the following information in defense of his or her claim: ___________.

a. minutes of pertinent meetings

b. written reports, as well as typed and handwritten notes

c. personnel files, tapes, handwritten notes, employees handbook, as well as oral testimony from fellow employees and supervisors

d. all of the above

18. An employee can be denied unemployment benefits as a result of being terminated ___________.

a. for appropriate work attendance

b. for poor work attendance and an inability to work with others

c. for acceptable work performance

d. for having the ability to work with others

19. A ___________ is the denial of a right that is imputed to a person or that is alleged to belong to him or her.

a. tort

b. private policy

c. public policy

d. disclaimer

20. A termination-for-cause-only clause in an employment contract is ___________.

a. illegal

b. not binding

c. binding

d. a form of discrimination