Ch 11 - Workplace Privacy Flashcards
Which of the following are steps employers should take when investigating employee misconduct?
A. Take allegations seriously
B. Treat the employee fairly
C. Review and follow laws, policies and any collective bargaining agreements
D. All of the above
D. All of the above
Why is it important to review collective bargaining agreements during investigations of employee misconduct?
a. The agreement may include specific steps required or rules regarding employee investigations
b. Legal should approve all communications with the subject under investigation under all collective bargaining agreements
c. The agreement will always require HR to defer to Compliance for next steps
d. None of the above
a. The agreement may include specific steps required or rules regarding employee investigations
Which risks are reduced by a policy and plan of action that addresses steps to be taken during an employee investigation, reviewed/approved by the H.R., Legal, and Compliance teams?
a. Loss, liability, and employee resentment
b. Fines or penalties
c. Claims by employees after investigation has ended
d. All of the above
d. All of the above
Prior to the addition of FACTA to the Fair Credit Reporting Act, what category did outside investigators fall into which resulted in notification to an employee and receipt of their consent before an employer could investigate them?
a. An outside investigator could be subject to reporting information received from an investigative report to a Consumer Reporting Agency
b. An outside investigator could be considered a Consumer Reporting Agency, requiring them to provide notice to and receive consent from the employee under investigation prior to pulling an investigative report
c. An outside investigator could be required to pay a fee prior to pulling an investigative report
d. None of the above
b. An outside investigator could be considered a Consumer Reporting Agency, requiring them to provide notice to and receive consent from the employee under investigation prior to pulling an investigative report
- How did FACTA change the employer’s duties related to using a 3rd party investigator for employee investigations?
a. FACTA provided an exclusion for employers receiving an investigative report for whether using the report for an internal investigation or determining credit capacity
b. FACTA allows the employer to obtain a warrant for an investigative report in lieu of requesting the employee’s consent
c. FACTA provided an exclusion for employers receiving an investigative report for an internal investigation to be exempt from notification and consent requirements when using a report from a CRA
d. None of the above
c. FACTA provided an exclusion for employers receiving an investigative report for an internal investigation to be exempt from notification and consent requirements when using a report from a CRA
Under which of the following conditions may investigative reports from third parties be used by an employer without notification to or consent from an employee?
a. The report is used during an investigation of employee misconduct
b. All laws, organizational policies and rules are followed
c. The report is provide to the employer, a government agency or officer, and is not used to determine creditworthiness
d. Under all of the above conditions
d. Under all of the above conditions
- The report is used in the course of investigation of employee misconduct or non-compliance;
- Compliance with all state laws, local laws, federal laws, pre-existing written employment policies, and rules of self-regulatory organizations are followed;
- The report is not used for determining creditworthiness, credit standing or credit capacity; and
- The report is only provided to the employer or its agent, a government agency or officer, or self-regulatory authority, as required by law, or pursuant to rules for disclosure to government agencies (15 USC 1681).
What is an employer required to do when an investigative report used during an investigation of employee misconduct or non-compliance results in the employer taking any negative action towards the employee?
A notice of adverse action must be given to the employee disclosing a summary of the nature and substance of the report after the investigation has concluded.
What should an employer have in place to protect the privacy of its customers and trade secrets when an employee is terminated or leaves the company?
Policies and procedures that address:
- restricting/terminating the individual’s access to the company’s physical and information assets;
- helping management transition through the process;
- how to minimize privacy claims.
How should employers address the security of physical and informational assets when an employee leaves the company?
- Obtain and secure any company-provided electronic access devices;
- Disable access to any secured physical areas and to information assets;
- Ensure the employee deletes and/or returns any company data in their possession;
- Remind employee of confidentiality contract;
- Forward any personal emails received by employee after termination, and review any work-related emails.
What should a company keep in mind while designing IT systems that will be accessed by employees?
It is important for the company to design IT systems to enable them to efficiently remove people’s access when they leave.
What should an employer have in place for responding to a company seeking a reference for a former employee?
The employer should have basic guidelines in place for responding to a reference request for a former employee. Common law provides “qualified privilege” for reporting the employer’s experience with and impressions of the employee. Anything more complex should be discussed with Legal Counsel to avoid defamation lawsuits.
What employee privacy protections exist?
Federal government employees are provided constitutional protections.
Other employees may apply contract law and tort remedies. Generally, there is a free market approach to privacy which provides an employment at will approach in most cases of employment.
Which of the following are factors that may increase an employer’s risk of employment related privacy issues?
a. Size of company
b. Number of employees
c. Global presence
d. All of the above
d. All of the above
What are the benefits of having a good Legal and Compliance team in place as it relates to employee privacy?
a. Boost employee morale
b. Positive impact on the employer-employee relationship
c. Mitigates risk of mishandling of information and inappropriate disclosure
d. All of the above
A good Legal and Compliance team can help manage the risk of information mishandling, inappropriate disclosure or theft, which can help boost employee morale, and has a positive impact on the employer’s working relationship with their employees.
Which of the following are steps a company should take during an internal investigation?
a. Consider the rights of other employees involved
b. Work with H.R. to determine any previous infractions
c. Work with Legal and Compliance for any legal/regulatory implications
d. All of the above
d. All of the above
