HRCI- SPHR EXAM NEWEST ACTUAL
EXAM 2 VERSIONS 2024-2025
QUESTIONS AND DETAILED CORRECT
ANSWERS (VERIFIED ANSWERS) |
A+GRADE
VERSION 1
An injured worker has been told by his workers'
compensation doctor that he is able to go back to work at
full duty. The employee disagrees. What should you
recommend?
A. Sending him back to a doctor of his choice for a final
recommendation
B. Discussing an IME with the workers' compensation
insurance
C. A referral to the company's labor attorney
D. Termination of employment if he does not return
Correct Answer B. An independent medical exam (IME)
is a useful tool when there is a dispute about an
injured worker's abilities. Often binding, it is
conducted by a neutral, third-party physician.
Collective bargaining is best understood as which of the
following?
A. Implied contract
B. Union responsibility
C. Employer responsibility
,D. Statutory right Correct Answer D. The process of
collective bargaining and the resulting agreement is a
right granted to employees by way of specific law. In
this example, the National Labor Relations Act
granted individuals the right to organize and bargain
collectively through a union.
Freedom of speech, due process, and workplace safety
are all examples of which of the following?
A. Employee responsibilities
B. Employee rights
C. Employment contract clauses
D. Constitutional rights Correct Answer B. Employee
rights can be granted by both federal and state laws.
These rights are considered to be absolute and
cannot be compromised by employers without penalty
or bargained away in an employment contract
including a collective bargaining agreement.
Which of the following agreements may employers have
the most legal trouble enforcing?
A. Nonsolicitation of current employees
B. Arbitration agreements
C. Employment contracts
D. Noncompete agreements Correct Answer D.
Noncompete agreements are clauses or documents
that prohibit a separating employee from competing
with the employer in the same line of business for a
specified period of time. If these agreements are
overly restrictive or in a state that does not allow an
,employer to prevent an employee from making a
living, they may prove difficult to enforce.
Under what conditions would you recommend to your
employer that they adopt a nonpiracy agreement?
A. For a high-tech organization to prevent employee
poaching
B. For a work environment with legally protected trade
secrets
C. For companies doing business in international waters
D. Never—nonpiracy agreements are unlawful. Correct
Answer A. Nonpiracy agreements, in which separating
employees agree to not to recruit a company's talent,
can be beneficial under the right conditions. As with
any of these types of agreements, however, it is best
to have them reviewed by legal counsel prior to
implementation.
When an employer terminates the rights of an employee
for a discriminatory reason, which of the following is said
to have occurred?
A. Constructive discharge
B. Wrongful discharge
C. Reduction in force
D. Discharge without cause Correct Answer B. Wrongful
discharge—also called wrongful termination—occurs
when an employer terminates an employee for an
unlawful reason such as discrimination, failing to
break the law on behalf of an employer, or exercising
their rights granted by law (right to vote,
whistleblowing, etc.).
, In the absence of an employment contract or collective
bargaining agreement, when may an employee expect to
only be terminated for cause?
A. If they are a protected class individual
B. If there is a progressive discipline policy in the
handbook
C. If their behavior was first investigated by management
D. None of the above Correct Answer D. The concept of
"just cause" is that employees may expect that
employment at will does not apply to them. This
condition may be met only when there is an
employment contract (written or implied) or when the
employee is covered by a collective bargaining
agreement.
An employee has been terminated for "just cause." Which
of the following reasons is most likely?
A. The employee refused to forge his boss's signature on
a document.
B. The employee violated the employer's anti-harassment
rules.
C. The employee was late because he went to vote in the
presidential election.
D. The employee was a whistleblower who filed a report of
corruption that turned out to be inaccurate. Correct
Answer B. "Just cause" is a concept that describes an
employer's justification for taking employment action.
It cannot be used as a reason for termination if the
employee refused to break the law or exercised a
statutory right.
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