Free Professional in Human Resources - California (PHRca) Employee Relations and Lifecycle Questions and Answers

Question 1

A former employee, who was terminated three months ago, submits a written request to inspect their personnel file.
Under the California Labor Code, what is the employer's obligation regarding the timeframe for providing access?

Accepted Answer

The employer must provide access no later than 30 calendar days from receiving the written request.

Answer

The employer has 15 calendar days from receiving the written request.

Answer

The employer must provide access within 21 business days of the request.

Answer

The employer is not obligated to provide access to former employees.

Question 2

A California-based company with 80 employees is planning a mass layoff that will affect 55 employees at a single site of employment. Which of the following actions is required under the California Worker Adjustment and Retraining Notification (Cal-WARN) Act?

Accepted Answer

Provide 60 days' advance written notice to affected employees and government entities.

Answer

Provide 30 days' advance written notice to affected employees and government entities.

Answer

Notify the federal Department of Labor at least 45 days before the layoff.

Answer

The Cal-WARN Act does not apply because the company has fewer than 100 employees.

Question 3

During an interview for a management position at a California company, a candidate voluntarily discloses, without being prompted, that their previous salary was $90,000. According to California's salary history ban (Labor Code 432.3), how may the employer use this information?

Accepted Answer

The employer may consider the voluntarily disclosed information when determining the salary offer.

Answer

The employer must disregard the information entirely and cannot use it for any purpose.

Answer

The employer may use the information to determine the candidate's potential fit within the team.

Answer

The employer can only use the information to verify employment, but not for setting pay.

Question 4

A California employer is providing a reference for a former employee who was terminated for misconduct. Which of the following statements is most accurate regarding the employer's legal protection against defamation claims?

Accepted Answer

Employers have a qualified privilege, protecting them if they provide truthful information without malice.

Answer

Employers have absolute immunity and can share any information, including opinions.

Answer

Employers are only permitted to confirm dates of employment and job title.

Answer

Employers are only protected if they have a signed waiver from the former employee.

Question 5

Which of the following is a recognized exception to the at-will employment doctrine in California, where an employer's own policies or statements create a reasonable expectation of job security?

Accepted Answer

The implied contract exception.

Answer

The statutory right to overtime.

Answer

The public policy exception.

Answer

The bona fide occupational qualification (BFOQ) defense.

Question 6

An employee informs their manager that they have a medical condition making it difficult to sit for long periods. Under California's FEHA, what is the employer's immediate required next step?

Accepted Answer

Immediately purchase a standing desk without further discussion.

Answer

Request the employee's complete medical records to verify the condition.

Answer

Tell the employee to take a leave of absence until they are fully recovered.

Answer

Initiate a timely, good-faith interactive process with the employee.