Company A calls Company B to ask about Company B’s former employee. Company B knows the employee caused a lot of problems before being fired. Which of the following would be the best practice for Company B?

• Provide no information, but recommend not hiring the employee.
• Inform Company A why the employee was fired and recommend seeking additional information.
• Add additional false details about the employee to be sure that Company A will not hire him in order to avoid a negligent referral claim.
• Do not respond to the query.

Who of the following is least likely to be hired by an employer?

• A highly qualified documented alien—against an averagely qualified U.S. citizen for a sales job
• An averagely qualified U.S. citizen—against an averagely qualified documented alien for a management job
• An averagely qualified U.S. citizen—against a highly qualified documented alien for a public policy job
• A highly qualified undocumented alien—against an averagely qualified documented alien for a retail job

The following series of events occurred:

I. Martha was subject to gender discrimination at her job. She attacks her boss in anger over the discrimination.
II. Martha made a discrimination claim.
III. Martha was fired from her job.
IV. Martha applied to a different employer, who asked for a referral from her former employer.
V. Martha’s former employer informs the requesting employer that Martha has a violent disposition and should not be hired.

Which of the following took place?

• Retaliation and negligent referral
• Defamation and negligent referral
• Defamation and retaliation
• Retaliation only

Blake, a convicted felon, applies for a job at Company A. The supervisor, Wes, recognizes that Blake is a felon but decides to give him a chance at employment. He places Blake under close supervision and keeps him mostly separate from other employees and, for many months, no problems occur. A year later, Blake is under regular supervision and spends more time with other employees. If he commits an act of workplace violence, which of the following would most likely be true?

• The employer did not exercise due diligence but is not liable.
• The employer is automatically liable, though it did exercise due diligence.
• The employer did not exercise due diligence and is liable.
• The employer has exercised due diligence.

Company A is a business with 80 employees spread over two plants. Financial struggles lead the company’s executives to consolidate the two plants in order to save costs until business picks up again. Within six months, the executives hope to be able to open the second plant again, but until then, some workers will have to be laid off. Which of the following is true?

• The company isn’t subject to WARN requirements as long as it opens the second plant within the six months.
• The company isn’t subject to WARN requirements at all.
• The company is subject to WARN requirements regardless of when and how the second plant is reopened.
• The company isn’t subject to WARN requirements only if it keeps the second plant open, even if it only operates half as many hours as before.

Company A decides it must close an unprofitable plant and lay off many of the workers there. The workers’ union immediately responds and wants to negotiate a plan that will have the least negative impact on the workers who will be laid off. Which of the following requests is the employer not required to address in collective bargaining?

• Continuing health and pension plans for terminated workers
• Transferring rights for employees who will not be terminated
• Providing severance packages for terminated employees
• Keeping the plant open longer than 60 days

Jean has a problem with an employee, Wynne, who often gets distracted from her work and is unproductive. All employees have been emailed an announcement about staying on task at work, and Wynne’s problem persists. At this stage, the wisest solution to this problem is ________.

• Termination
• Oral or written warning
• Suspension
• Training

Bart is an illegal immigrant from Canada. He gets hired at Company A in the United States and works there for several weeks until he is discovered to be an undocumented worker, at which point he is fired. Which of the following is true of this situation?

• Both parties committed an illegal action, but Company A bears the burden of making sure employees are eligible to work.
• Both parties committed an illegal action, but Bart bears the burden of proving he is eligible to work.
• Company A is not at fault since Bart did not inform the employer he was not eligible to work in the United States.
• Bart is not at fault since it is the employer’s responsibility to ensure an alien is eligible to work in the United States.

Company A conducts reasonable research on Ethan’s background before hiring him and determines he is a safe choice for hire. Several months later, Ethan commits a violent act at work. Since he has no history of violence, Company A retains him. Ethan then commits another violent act at work which leaves another employee injured. Which of the following is true of this situation?

• Negligent hiring has occurred, but not negligent retention.
• Negligent retention has occurred, but not negligent hiring.
• Both negligent hiring and negligent retention have occurred.
• Neither negligent hiring nor negligent retention have occurred.

Felipe is an illegal immigrant seeking work in the United States. He is hired by a small factory doing manual labor. When it is discovered that Felipe is an illegal immigrant, ____________.

• Felipe cannot be deported, and the employer will not be punished
• Felipe can be deported, and the employer will not be punished
• Felipe cannot be deported, but the employer can be punished

Felipe can be deported, and the employer can be punished if it knew or should have known

Hillary has contributed for 20 years to a defined benefit pension plan. The investments tied to the plan deflated right before Hillary was planning to retire and begin collecting pension benefits. Which of the following is true?

• Hillary can sue for additional benefits.
• Hillary is entitled to a certain level of benefits regardless of how the plan performed.
• Hillary’s benefits will be a derivative of the plan’s performance over the past 20 years.
• Hillary can do nothing and is entitled to nothing.

At his warehouse job, Sergio notices that heavy pallets are stacked twice as high as they are supposed. Which of the following is not true?

• OSHA can fine Sergio’s company for violating a safety regulation.
• Sergio’s company can be held liable if Sergio is harmed by falling pallets.
• Sergio can complain to OSHA about the danger and will receive no punishment.
• Sergio can be reassigned to another, less favorable position because of his complaint.

Vicente works at a factory. While he is working, a coworker negligently spins “donuts” while driving a forklift and runs into Vicente, causing an injury to both workers. Which of the following is true?

• Vicente will not be covered by workers’ compensation, but his coworker will be since he was the one operating the equipment.
• Neither worker will be covered by workers’ compensation because the injuries were caused by horseplay.
• Both workers must be covered by workers’ compensation.
• Vicente will be covered by workers’ compensation, but his coworker will not.

Wally returns from a tour of duty to his former employer and is placed in his old job position. Several months later, Wally is fired because of a sexual harassment problem. Which of the following is true?

• Wally can be fired because the cause or reason is substantial.
• Wally can’t be fired at all because he is a veteran.
• Wally can’t be fired until 180 days of employment has passed.
• Wally can be fired because USERRA only controls the hire of veterans immediately after returning from active duty.

Maricruz is a non-exempt employee who was just hired at a restaurant. Which of the following is not true concerning how her employer may pay her?

• Maricruz may be paid $4.25 per hour if she is under 20 years old.
• Maricruz may be paid $7.00 per hour if that is her state’s minimum wage.
• Maricruz may be paid $2.13 per hour as long as her tips bring her up to minimum wage.
• Maricruz may be paid $7.25 per hour.

Jamie is on military leave from her job for three years. When she returns home, her former employer rehires her and promotes her to a position higher than the one she had when she left, plus a pay raise. Another employee, Caleb, who replaced Jamie when she left, feels Jamie’s promotion is unfair and that he is being discriminated against. Which of the following is true?

• Jamie is required to be placed at what reasonably could have been her position if she hadn’t taken military leave.
• Jamie cannot be promoted after leave, since Caleb has accrued seniority while she was gone.
• Jamie cannot be promoted after leave, since this would be showing favoritism to her veteran status and gender.
• Jamie is required to be rehired, but cannot be reinstated at a higher position than any she had before she took military leave.

Ella makes minimum wage at her factory job. Her job title is “System Assembly Supervisor.” She primarily spends her workday putting together electronic components. Which of the following is true?

• Ella is an exempted employee and must be paid overtime for her hours over 40.
• Ella is not an exempted employee and may not be paid overtime for her hours over 40.
• Ella is not an exempted employee and must be paid overtime for her hours over 40.
• Ella is an exempted employee and may not be paid overtime for her hours over 40.

Insurance Company A manages the provision of benefits to many different companies’ employees. Which of the following is not part of the company’s duties in handling patients’ medical information?

• Restrict medical record access to anyone but patients and company employees.
• Inform and train employees on requirements concerning medical record privacy.
• Enforce data protection on electronic medical records.
• Secure physical medical records in locked safes or other secured locations.

Tianna has earned health benefits at her job at Company A when she decides she wants to switch to working at Company B. Company B won’t offer Tianna benefits until she has worked for six months, so Tianna is interested in continuing her benefits from Company A for a time. Once she stops working at Company A, which of the following is true?

• Company A doesn’t need to provide benefits because Company B is required to provide them.
• Company A would only need to continue benefits for Tianna if it terminated her.
• Company A must provide Tianna with benefits to Tianna at no cost to her.
• Company A must provide Tianna with continued coverage, but it may charge her for it.

Buster has had a serious medical condition for many months. He has used up all of his sick leave and vacation days, as well as 10 weeks of intermittent FMLA leave. He asks for an additional two weeks off from work. Which of the following is true?

• Buster is entitled to the leave he is asking for.
• Buster cannot take any more leave if he has also used up his sick leave and vacation days.
• Buster’s employer can fire him because he wants to take more leave.
• Buster cannot be fired for reasons aside from his need to take leave.

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