Topic 9: Employer Responsibilities in Hiring, Retaining and Terminating Employees Flashcards
What is required for a worker to verify employment eligibility in the U.S.?
Workers must provide proof of identity and legal work authorization at the start of employment under federal immigration laws.
What is the Immigration and Nationality Act (INA) of 1952?
The INA centralized U.S. immigration law, defining conditions for temporary and permanent alien employment and eliminating race-based immigration quotas.
How does the INA define an “alien”?
A person who lacks U.S. citizenship or national status.
What are examples of proper documentation for a documented alien?
Valid passport
Border crossing identification card
Permanent resident card (green card)
Reentry permit
How does the INA protect workers from discrimination?
It prohibits discrimination in hiring and firing based on national origin and citizenship status.
Why was the IRCA of 1986 enacted?
To shift responsibility for preventing illegal employment from workers to employers and reduce exploitation of undocumented workers.
What are the two major requirements the IRCA imposes on employers?
1) Employers cannot knowingly hire undocumented workers.
2) Employers must verify work eligibility within three business days using Form I-9.
What documents can be used to verify work eligibility under the IRCA?
A birth certificate, passport, or resident alien card.
How long must an employer retain a Form I-9?
Three years after hire or
One year after termination, whichever is longer.
Which agency enforces Form I-9 compliance?
U.S. Citizenship and Immigration Services (USCIS) under the Department of Homeland Security (DHS).
What personal liability does the IRCA establish?
Individuals, not just firms, can face civil fines for improper verification of worker documents.
How does the IRCA differ from Title VII regarding hiring preferences?
Unlike Title VII, the IRCA allows preference for U.S. citizens over legal aliens if equally qualified.
What are the two bona fide occupational qualifications (BFOQs) under the IRCA?
1) U.S. citizenship for specific federal jobs and public policy functions.
2) English proficiency to the level required for business operations.
At the beginning of employment, under federal immigration laws, a worker is required to verify his/her _______ and _________ to work legally in the United States.
Home country : Name
Identity : Eligibility
Sex : Race
Educational background : Career goals
Identity : Eligibility
At the beginning of employment, under federal immigration laws, a worker is required to verify his/her identity and eligibility to work legally in the United States.
How does the Immigration and Nationality Act (INA) define the term “alien”?
A person born in another country but lives in the United States - both citizens and non-citizens
Every person born outside of the United States
A person who lacks citizenship or status as a national of the United States
Illegal immigrants only from Canada and Mexico
A person who lacks citizenship or status as a national of the United States
From the text, “The INA is important to employers because it defines conditions permissible for temporary and permanent employment of aliens in the United States. Further, it defined “alien” as a person who lacks citizenship or status as a national of the United States.”
Under the IRCA, it is illegal to hire or retain undocumented workers if you employ how many workers?
1+
4+
10+
20+
4+
From the text, “The IRCA rendered it unlawful for an employer employing four or more workers to knowingly hire or retain an undocumented worker.”
What is the name of the form that the IRCA requires all employers to complete within three days of hiring a new employee?
I-9
W-4
Working feasibility form
W-10
I-9
From the text, “Within 3 operational business days of being hired, an employer must verify a worker by viewing supporting original documentation like a birth certificate, passport, or resident alien card and recording that information on the federal Form I-9, Employment Eligibility Verification.”
Once an employer receives the proper paperwork and completes the I-9 forms, he or she is not required to:
Keep the I-9 form for more than 2 months
Keep the I-9 form for more than 2 weeks
Conduct an independent investigation on the validity of the documentation
Keep the I-9 form for more than 2 years
Conduct an independent investigation on the validity of the documentation
From the text, “Employers are not required to conduct an independent investigation of the validity of the documentation presented by a newly hired worker and may rely on a reasonable belief that the documents are legitimate.”
What is E-Verify?
An internet-based system operated by the federal government that allows employers to verify an employee’s eligibility to work in the U.S. using Form I-9 information.
When did E-Verify begin, and when did it become mandatory for certain contractors?
It started as a pilot in 1997 and became mandatory for covered federal contractors in 2009.
Who is considered a covered contractor under E-Verify?
A contractor with a federal contract over $100,000, performing work in the U.S., for at least 120 days.
Can employers use E-Verify to pre-screen potential employees?
No, employers may only verify employment eligibility after hiring.
When must an employer submit an E-Verify query for a new hire?
After completing Form I-9 and no later than three business days after the employee’s start date.
What happens if an employee receives a tentative nonconfirmation (TNC) from E-Verify?
The employer must:
Notify the employee.
Provide information on how to contest the response.
Issue an E-Verify referral letter with instructions.
How long does an employee have to contest a tentative nonconfirmation (TNC)?
Eight days from the time of notice.
Can an employer terminate an employee immediately after receiving a TNC?
No, the employer must wait for a final nonconfirmation or notice that the employee chose not to contest the TNC.
Why are employers increasingly using E-Verify?
It is an effective tool for ensuring compliance with the IRCA and avoiding penalties.
How much has E-Verify expanded since 2007?
2007: 24,000 employers
2013: Over 432,000 employers
What is E-Verify?
An internet-based system designed to allow employers to post on which employees are most efficient and effective within their realm of work
An internet-based system operated by the federal government designed to determine if a person has been terminated by previous employment
An internet-based system used to verify if an employer is in compliance with all aspects of a business and federal law
An internet-based system operated by the federal government which allows an employer to determine the eligibility of an employee to work in the United States
An internet-based system operated by the federal government which allows an employer to determine the eligibility of an employee to work in the United States
E-verify is “an internet-based system operated by the federal government which allows an employer to determine the eligibility of an employee to work in the United States.”
True or False. Contractors may not use E-Verify to pre-screen potential employees.
True
Only after hiring can an employer process an employee through E-Verify.
What form does E-Verify collect information from?
W-9
I-9
W-4
W-10
I-9
From the text, “E-Verify determines the eligibility of an employee to work in the United States using information reported on that employee’s Form I-9, Employment Eligibility Verification.”
From 2007 to February 2013, the number of businesses using E-Verify:
Tripled
Has grown by 18 times
Stayed relatively the same
Dropped with the use of other programs
Has grown by 18 times
The E-Verify program has grown from 24,000 employers registered in 2007 to than more than 432,000 as of February 2013, 18 times more.
How many days after the actual employee start date does the employer have to submit an employee query to E-Verify?
7
14
3
5
3
From the text, “An employer must submit an employee query to E-Verify after completion of the Form I-9 process and no later than the end of the third business day after the employee’s actual start date.”
Are employers required by federal law to conduct performance appraisals?
No, there is no federal law requiring performance appraisals.
Why do employers conduct performance appraisals?
To recognize achievements, provide feedback, and document performance for training, promotions, or termination.
What is the estimated cost per performance appraisal?
$2,000 per appraisal.
Why are performance appraisals a potential legal risk?
They influence employment decisions and must comply with federal and state anti-discrimination laws.
How can a performance appraisal lead to a discrimination claim?
If it unjustly results in negative job action and is linked to a protected class characteristic.
Can an unfair or negative performance appraisal alone prove discrimination?
No, additional corroborating evidence is required to substantiate discrimination claims.
What was the key issue in Esterquest v. Booz, Allen & Hamilton?
A female lawyer received only one appraisal in 12 years, while younger male counterparts received nine. This supported an age and gender discrimination claim.
What was the ruling in Hopkins v. Price Waterhouse?
A female employee was wrongfully evaluated on subjective criteria like looks and personality, which led to an illegal gender-based evaluation.
How can employers reduce discrimination risks in performance appraisals?
Apply equal performance criteria to all employees.
Use specific, detailed job rubrics.
Avoid subjective evaluations based on personal characteristics.
What types of objective measures improve the fairness of performance appraisals?
Sales performance
Customer surveys
Production output
What happens if a performance measure has a disparate impact on a protected group?
It cannot be applied to all employees, as it may violate anti-discrimination laws.
Why must performance appraisals be truthful?
False information could lead to defamation claims or negligent referral liability if reported to a third party.
Why are performance appraisals potential liabilities to employers?
They are the basis for training, promoting, benefiting, and laying off, but must also conform to state law anti-discrimination statues
Employees can become offended and sue if they receive a poor appraisal
They make employees feel uncomfortable
They cause managers to be in rooms alone with employees
They are the basis for training, promoting, benefiting, and laying off, but must also conform to state law anti-discrimination statues
Because performance appraisals form the basis for employer decisions to train, promote, pay, benefit, transfer, award, layoff or terminate employees and must conform to federal and state law anti-discrimination statutes, they are a “minefield” of potential liability.
In making a claim of discrimination or retaliation, a claimant must show that an appraisal:
Was completed too quickly and without enough thought
Was emotionally damaging
Is not approved by friend and family character witnesses
Unjustly resulted in negative job action
Unjustly resulted in negative job action
From the text, “In making a claim of discrimination or retaliation, a claimant must show the appraisal unjustly resulted in negative job action. That does not mean that a harsh, unfair, or negative performance appraisal is, standing alone, a basis for discrimination.”
The easiest way to avoid discrimination claims due to performance appraisals is to:
Apply performance criteria equally to all employees
Give performance appraisals tailored to the individual
Allow employees to view other employees’ appraisals
Not have performance appraisals for everyone
Apply performance criteria equally to all employees
From the text, “The easiest way to avoid discrimination claims due to performance appraisals is to apply performance criteria equally to all employees.”
Employers must not apply a job performance measure, for all employees, which has a/an ____________ on a protected class of persons.
Inordinate impact
Disparate impact
Neutral impact
Positive impact
Disparate impact
As discussed in previous chapters, if a performance measure itself has a disparate impact on a particular class of people through hiring decisions, promotions, etc., it will be the basis for unlawful discrimination.
An employer could be responsible for a claim by another employer for __________ based on false entries in a performance appraisal.
Negligent referral
Affirmative referral
Discrimination
Defamation
Negligent referral
For example, imagine that an employer’s false entries in a performance appraisal cause another employer to hire an employee who then causes an accident or major problem at work. Because the employer who posted the false entries was negligent in providing the truthful information necessary to make a safe hiring decision, he/she can be held responsible for the resultant problem.
What percentage of organizations reported workplace violence incidents in the 2012 SHRM Workplace Violence Survey?
36% of organizations reported incidents.
How many U.S. workers experience workplace violence annually, according to OSHA?
2 million workers per year.
How many workplace murders occurred in 2011?
564 workplace murders.
What was the cost of workplace assaults and violent acts in 2009?
$590 million, according to Liberty Mutual Research Institute.
What is negligent hiring?
Hiring an employee with a known or easily discoverable history of violence, misconduct, or abuse of authority, putting the workplace at risk.
What must be proven for a negligent hiring claim?
That the employer knew or should have known about the employee’s history of misconduct and failed to act.
What are some sources of due diligence in the hiring process?
Credit history (with consent)
Education & experience verification
Driving records & military discharge
Criminal background checks
What are potential challenges in conducting background checks?
State laws may restrict access to arrest records.
Credit checks require employee consent.
Previous employers may give limited information due to liability concerns.
Disparate impact risks if certain groups are unfairly screened.
Give an example of a negligent hiring case outside of workplace violence.
Hiring an employee with a known history of sexual harassment, leading to new harassment allegations.
What legal claim could investors file if a company hires a manager with a history of embezzlement?
Negligent hiring tort claim to recover financial losses.
What is negligent retention?
When an employer fails to remove or terminate an employee who poses a danger to others or the company.
Give an example of negligent retention.
Keeping an employee in a leadership role after discovering they engage in fraud or harassment.
Preventing work violence is a difficult task as perpetrators are often:
Crazy
Non-employee strangers, clients, or significant others of employees
Formally trained
Planning attacks for years in advance
Non-employee strangers, clients, or significant others of employees
From the text, “Preventing work violence is a difficult task as perpetrators are often non-employee strangers, clients, customers, or significant others of employees.”
Under its obligations to maintain a safe working environment, an employer must:
Create a committee to watch for strange and peculiar behavior among employees who could turn violent
Develop training and operational strategies for addressing workplace violence
Install metal detectors at facilities that have a report of possible violence
Provide an armed guard at facilities holding more than 200 employees
Develop training and operational strategies for addressing workplace violence
From the text, “Under its obligations to maintain a safe working environment, an employer must develop training and operational strategies for addressing workplace violence.”
Due diligence in an employer’s background check could include:
Credit history
Education or experience
Driving record
All of the above
All of the above
From the text, “Due diligence could include review of credit history, education or experience, driving record, military discharge status, criminal records, and so on.”
When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm, this is known as:
Defamation
Workplace endangerment
Negligent retention
Negligent management
Negligent retention
A negligent retention claim “arises when an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm.”
What is negligent hiring?
Hiring without fully reviewing all the candidates
Hiring an employee off of a referral without a follow-up interview
Hiring an new employee without reviewing the AAP
Failure to perform a proper background screening of an employee
Failure to perform a proper background screening of an employee
Failure to perform a proper background screening of an employee - and consequently failing to check for any potential problems with the employee - is negligent in that it exposes other employees, customers, etc., to any danger or other problems the new hire may cause.
Why are employers often hesitant to provide detailed references?
Due to the risk of tort liability, including claims of defamation, retaliation, and negligent referral.
What is defamation in the context of employment references?
A false statement that harms a former employee’s reputation when communicated to a third party.
What are the two main defenses against defamation claims?
1) Truth – An absolute defense, but the employer must prove the statement was true.
2) Privilege – Some states presume good faith immunity, but it can be rebutted if false information was provided knowingly, recklessly, or maliciously.
What is a retaliation referral claim?
A claim that an employer gave a negative reference in response to an employee’s discrimination complaint or whistleblowing.
Can former employees sue for retaliation under Title VII?
Yes, the U.S. Supreme Court ruled that Title VII’s retaliation protections extend to former employees.
What is negligent referral?
When an employer omits or misrepresents a former employee’s dangerous or criminal behavior, creating foreseeable harm to others.
How did a California court rule regarding negligent referral in cases of sexual misconduct?
Employers must not misrepresent a former employee’s qualifications or character if doing so could lead to foreseeable physical harm.
Can an employer avoid liability by giving a “no comment” reference for a dangerous former employee?
No, a “no comment” reference may still lead to liability if the employer failed to warn about a known risk.
Which of the following is not a main tort that arises from former employee references?
Defamation
Discrimination
Retaliation
Negligent referral
Discrimination
From the text, “There are three main torts which arise in the former employee reference context: defamation, retaliation, and negligent referral (or breach of duty to warn).”
What is defamation in the context of an employment referral?
Providing untrue reference information which omits information about a former employee’s dangerous and/or criminal behavior
A communicated true statement that harms the reputation of a former employee
Forcing a person to quit by ridiculing him/her based on race, color, or national origin
A communicated false statement which harms the reputation of the former employee
A communicated false statement which harms the reputation of the former employee
The communication must be false and communicated to a third party.
______ is an absolute defense against defamation claims.
Truth
Underperformance
A character witness
Poor employee reviews
Truth
From the text, “Truth is an absolute defense to defamation claims, but the burden is on the former employer to affirmatively prove that the statement or information was truthful.”
True or False. In cases where a former employee is a danger to others, a “no comment” or limited information referral will shield a former employer from liability.
False
From the text, “In cases where a former employee is a danger to others, a “no comment” or limited information referral will not shield a former employer from liability.”
In a ____________ referral claim, a former employee must show that the negative referral provided by the former employer was in response to an employee’s claims of discrimination or acts of whistleblowing.
Retaliation
Negligent
Discriminatory
Defamation
Retaliation
From the text, “In a retaliation referral claim, a former employee must show that the negative referral provided by the former employer was in response to an employee’s claims of discrimination or acts of whistleblowing.”
What is the purpose of the WARN Act (1988)?
To give employees advance notice of plant closings or mass layoffs so they can seek new employment or retraining.
Which employers must comply with WARN?
Employers with 100 or more employees.
How much advance notice must be given under WARN?
60 days written notice to:
Affected employees
Union bargaining units
State & local government officials
Who qualifies as affected employees under WARN?
Workers who experience:
Termination
Layoffs longer than 6 months
50% reduction in work hours
What qualifies as a plant closing under WARN?
A single employment site shutting down for 6 months or reducing work hours by 50%, impacting 50+ full-time employees in a 30-day period.
What qualifies as a mass layoff under WARN?
A non-plant closing workforce reduction at a single site within 30 days affecting:
50+ full-time employees (if at least 33% of the workforce)
500 or more full-time employees (regardless of percentage)
How does WARN prevent employers from avoiding notice requirements?
Layoffs within 90 days must be aggregated to prevent staggered small layoffs from bypassing WARN rules.
Under what circumstances can an employer avoid the 60-day notice requirement?
Natural disaster
Severe, unforeseen capital loss
Faltering company where notice would prevent obtaining needed capital
What must employers do if they qualify for a WARN exception?
Provide as much notice as possible before layoffs or closures.
What are employees entitled to if WARN is violated?
Back pay for up to 60 days
Earned commissions, sick pay, seniority, pension, & health benefits from the last 180 days
What compensation is not available under WARN?
Holiday and vacation pay.
Are punitive damages available under WARN violations?
No, but employees can file class action lawsuits.
Can an employer close a plant to avoid union activity?
No, this could be an unfair labor practice under the NLRA.
Must employers bargain over plant closings?
No, but they must negotiate the effects, such as:
Severance pay
Retraining programs
Benefits & transfers
What was the reasoning behind Congress’ enactment the Worker Adjustment Retraining Notification Act?
To give non-performing workers the opportunity to improve and grow instead of being laid off
To give laid off or terminated workers in such circumstances an opportunity to search for other employment or obtain additional training
To give legal aliens the opportunity to adjust to the fast-paced American work ethic before terminating them for underperformance
To give employers an opportunity to look for better employees before they terminate their old ones
To give laid off or terminated workers in such circumstances an opportunity to search for other employment or obtain additional training
Congress wanted to give workers time to look for other work or get retrained.
The WARN requires employers with ________ employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees.
100+
50+
75+
25+
100+
From the text, “WARN requires employers with over 100 employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees, union bargaining units, and state and local government officials at least 60 days prior to the closing.”
In plant closures, which of the following is not considered an “affected employee” under WARN?
Employees with a 25% reduction in working hours
Employees with a 50% reduction in working hours
Employees having layoffs longer than six months
Terminated employees
Employees with a 25% reduction in working hours
From the text, “Affected employees are those who suffer termination, layoffs longer than six months, or a 50 percent reduction in work hours.”
What is a “mass layoff”?
A workforce reduction at a single employment site during a 20-day period which is not caused by a plant closing. It involves workforce reductions of at least 100 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 300 employees.
A workforce reduction at a single employment site during a 20-day period which is not caused by a plant closing. It involves workforce reductions of at least 25 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 100 employees.
A workforce reduction at a single employment site during a 60-day period which is not caused by a plant closing. It involves workforce reductions of at least 100 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 1000 employees.
A workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing. It involves workforce reductions of at least 50 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 500 employees.
A workforce reduction at a single employment site during a 30-day period which is not caused by a plant closing. It involves workforce reductions of at least 50 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 500 employees.
From the text, “A “mass layoff” is a workforce reduction at a single employment site during a 30-day period that is not caused by a plant closing. It involves workforce reductions of at least 50 full-time employees, when they comprise at least 33% of full-time employees, or the reduction of at least 500 employees.”
Which of the following is not a way to escape WARN notice requirements?
Business is slowly deteriorating and will eventually go completely under unless layoffs occur
The firm experiences a severe and unforeseen loss of capital
The plant shutdown or layoffs are due to a natural disaster
When the company is faltering and giving notice would prevent obtaining capital to continue operations
Business is slowly deteriorating and will eventually go completely under unless layoffs occur
An employer can escape notice requirements if: 1) the plant shutdown or layoffs are due to a natural disaster; 2) the firm experiences a severe and unforeseen loss of capital; or 3) when the company is faltering and giving notice would prevent obtaining capital to continue operations.
What is progressive discipline?
A graduated response to poor employee performance or misconduct, using increasingly severe actions if problems persist.
What are the typical steps in progressive discipline?
1) Informal coaching session
2) Oral warning
3) Formal written warning (added to personnel file)
4) Suspension (unpaid time off)
5) Termination for unresolved or serious offenses
Is progressive discipline legally required?
No, but most large companies use it because of its many benefits.
What are the key benefits of a progressive discipline system?
Early intervention in workplace issues
Improved communication between managers & employees
Clear performance expectations
Boosts morale by ensuring fairness
Consistency in handling discipline
Legal protection against wrongful termination claims
How does progressive discipline help in wrongful termination cases?
It provides documented evidence that an employer gave the employee multiple chances to correct issues.
Which of the following is NOT a benefit of a progressive discipline system.
It allows managers to intervene early when problems arise.
It does not apply to undocumented aliens.
It can improve morale because employees see that good performance is rewarded and poor performance is not tolerated.
It creates an atmosphere of good communication between management and staff.
It does not apply to undocumented aliens.
A progressive discipline system for correcting employees is not required by law, but most large companies use it because it has several benefits to employers and employees. First, it allows managers to intervene early when problems arise. Second, it creates an atmosphere of good communication between management and staff. Third, it can improve employee performance by creating clear expectations for performance and developing trust that an employer is trying to help the employee succeed. Fourth, it can improve morale because employees see that good performance is rewarded and poor performance is not tolerated. Fifth, it creates an atmosphere of consistency and fairness. Sixth, it lays for the employer a sound evidentiary foundation for defending against wrongful termination or discrimination claims by an employee.
________________ is the best method for a manager to correct an employee problem.
Informal coaching
Formal coaching
Writing warnings
Public reprimand
Informal coaching
____________ time off is one element of progressive discipline.
Family and Medical Leave
Vacation
Suspension
Bereavement
Suspension
Suspension—some time off work without pay.
When long-standing employee performance issues are not resolved through progressive discipline, the most likely result is employee _________
absenteeism.
dissatisfaction.
termination.
wellness.
termination.
Progressive discipline refers to
learning how to manage employees with extreme political views.
a manager’s graduated response to employee poor performance.
a new method of correcting employees based on no overt discipline.
none of the answers provided is correct.
a manager’s graduated response to employee poor performance.
The concept of workplace progressive discipline involves an employer engaging in a graduated response to poor employee performance or conduct problems.
The fundamental source of United States immigration law is:
The Illegal Alien Protection Act 1961
The Immigration Reform and Control Act of 1986
The Control and Nationality Act of 1977
The Immigration and Nationality Act of 1952
The Immigration and Nationality Act of 1952
From the text, “The fundamental source of United States immigration law is the Immigration and Nationality Act of 1952 (INA), which centralized and organized U.S. immigration law.”
Which of the following is not part of the documentation needed for an alien to work in the United States?
Permanent resident card
U.S. employment identification card
Valid passport
Border crossing identification card
U.S. employment identification card
Under the INA a documented alien possesses the proper identification for admission into the U.S. That documentation includes a valid passport, a border crossing identification card, a permanent resident card (green card), or a reentry permit.
The Immigration and Nationality Act (INA) was important in that it eliminated __________ quotas for immigration and established a strictly nation-based system for calculating immigration quotas.
Industrial labor
Hispanic
Gender
Race-based
Race-based
From the text, “The INA was … important in that it eliminated race-based quotas for immigration and established a strictly nation-based system for calculating immigration quotas. The former Immigration and Naturalization Service was created by the INA to enforce the provision of the law.”
Prior to 1986, it was ________ for undocumented workers to work in the United States, but not ________ for employers to hire them.
Legal : Legal
Illegal : Legal
Legal : Illegal
Illegal : Illegal
Illegal : Illegal
From the text, “Prior to 1986, it was illegal for undocumented workers to work in the United States, but not illegal for employers to hire them.”
Under Immigration Reform and Control Act of 1986 (IRCA), how many days does an employer have to complete an employee’s I-9 federal paperwork?
3
1
2
0
3
From the text, “The IRCA requires that, within 3 operational business days of being hired, an employer must verify that a worker is eligible to work in the United States by viewing supporting original documentation, and completing I-9 form verification.”
IRCA requires employers retain the Form I-9 in a file, separate from the standard personnel file, for a period of ________ year(s) after hire, or ________ year(s) after termination, whichever is longer.
Five : two
Two : one
Seven : one
Three : one
Three : one
From the text, “IRCA requires employers to retain the Form I-9 in a file, separate from the standard personnel file, for a period of three years after hire or one year after termination, whichever is longer.”
What are the two bona fide occupational qualifications which come into play under the IRCA?
Color of skin for themed entertainment venues and height requirements for certain jobs
Citizenship for specific federal jobs and public policy functions and English proficiency to the standard necessary to carry out essential business operations
Height requirements for certain jobs and grooming and sanitation standards for serving and food industries
Color of skin for themed entertainment venues and accent understandability for universities
Citizenship for specific federal jobs and public policy functions and English proficiency to the standard necessary to carry out essential business operations
From the text, “There are two bona fide occupational qualifications which come into play under IRCA: 1) citizenship for specific federal jobs and public policy functions; and 2) English proficiency to the standard necessary to carry out essential business operations.”
If E-Verify gives a tentative nonconfirmation response, how many days does the employee have to contact the appropriate federal agency?
Three
Ten
Eight
Fourteen
Eight
From the text, “The regulations require the employee to contact the appropriate federal agency within an eight-day window from the time of notice.”
By 2009, the Department of Homeland Security started requiring covered contractors to enroll in E-Verify. What defines a covered contractor?
Federal contract of over $10,000 and having over 50 employees
Federal contract of over $50,000 and work performed in the United States within the last 280 days
Federal contract of over $100,000 and employing more than 15 workers
Federal contract of over $100,000 and work performed in the United States within the last 120 days
Federal contract of over $100,000 and work performed in the United States within the last 120 days
From the text, “A covered contractor is one who has an agreement to do certain type of work for the federal government valued at more than $100,000 for work that is performed in the United States and within a period of at least 120 days.”
True or False. There is no federal law requiring performance appraisals in employment.
True
The text states explicitly that there is no federal law requiring performance appraisals in employment.
Workplace surveys suggest that the ________ of employee performance appraisals are inadequate.
Minority
Third
Half
Majority
Majority
From the text, “According to a survey done by Salary.com, some 90 percent of employee performance appraisals were inadequate.”
Which type of performance measures are safest to have on an appraisal?
Objective
Subjective
Opinion-based
Character-based
Objective
From the text, “Objective measures like sales performance, customer surveys, and production output are performance measures which are much less subjective and, therefore, less assailable by an employee claiming discrimination.”
If an employer places some false information in the appraisal and that information is reported to a third party, an employee may have a claim of:
Veracity
Perjury
Discrimination
Defamation
Defamation
From the text, “If an employer places some false information in the appraisal and that information is reported to a third party, an employee may have a claim of defamation.”
Failure to perform a proper background screening of an employee could put an employer at risk of:
Workplace endangerment
Defamation
Tax fraud
Negligent hiring
Negligent hiring
From the text, “An employer must exercise a reasonable effort to screen job applicants who may pose a risk of violence in the workplace. Failure to conform to this duty may put the employer at risk for negligent hiring.”
What is negligent retention?
Keeping an employee out of friendship even though he/she is underqualified and underperforming essential job functions
When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm
When an employer does not completely divulge the correct amount of tax information to the IRS because of the use of illegal immigrants
When an employer refuses to terminate or remove underqualified Caucasian males to and replace them with more-qualified minorities
When an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm
From the text, “There is also a tort claim of negligent retention. The claim arises when an employer fails to terminate, or remove from an authority position, an employee when it is apparent he or she poses a danger to other employees or the firm.”
Employers are often hesitant to provide detailed references about former employees due to the risk of:
Discrimination
Tort liability
Title VII violations
Perjury
Tort liability
Employers are avoiding tort liabilities, which include defamation, retaliation, and negligent referrals.
To whom falls the burden to determine if an employer referral was truthful or not?
The former employer
The current employer
An employee
None of the above
The former employer
The former employer has the burden to affirmatively prove the statement or information was truthful. The complaining former employee is not required to prove the statement was false.
WARN requires employers with over 100 employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees, union bargaining units, and state and local government officials ___ days prior to the event.
60
80
90
70
60
From the text, “In 1988, Congress enacted the Worker Adjustment and Retraining Notification Act (WARN) to give laid off or terminated workers in such circumstances an opportunity to search for other employment or obtain additional training. Specifically, WARN requires employers with over 100 employees to provide detailed written advance notification of plant closings and mass layoffs to affected employees, union bargaining units, and state and local government officials at least 60 days prior to the closing.”
A/An __________ is a single site of employment that is permanently or temporarily shut down for 6 months, or with a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for a 30-day period.
WARN violation
Plant closing
Employment consolidation
Affected employee center
Plant closing
From the text, “A plant closing is a single site of employment that is permanently or temporarily shut down for 6 months, or with a 50% reduction in hours over a 6-month period, and impacts 50 or more full-time employees for a 30-day period.”
True or False. Employees are entitled to any earned commissions, sick pay, seniority, pension, or health benefits accrued in the 180 days prior to a plant closing.
True
From the text, “When a firm has violated WARN provisions, employees are entitled to back pay for the number of days they were deprived of timely notice up to 60 days. In addition, employees are entitled to any earned commissions, sick pay, seniority, pension, or health benefits accrued in the 180 days prior to a plant closing.”
