PHRca Employee Relations and Terminations 3

Question 1

Constructive discharge in California occurs when:

Accepted Answer

Working conditions are made so intolerable that a reasonable person would feel compelled to resign

Answer

Constructive discharge is recognized in California when an employer intentionally creates or knowingly permits intolerable working conditions that force a reasonable employee to resign.

Question 2

California's whistleblower protection statute, Labor Code Section 1102.5, protects employees who report:

Accepted Answer

Violations of law to a government or law enforcement agency, or internally to a supervisor

Answer

Labor Code Section 1102.5 broadly protects employees who disclose reasonably believed violations of law to government agencies, law enforcement, or internally to supervisors or management.

Question 3

Non-compete agreements signed by California employees are generally:

Accepted Answer

Void and unenforceable under Business and Professions Code Section 16600

Answer

California Business and Professions Code Section 16600 voids non-compete agreements except for very narrow statutory exceptions such as the sale of a business.

Question 4

When conducting a termination meeting, which practice best protects the employer from potential legal claims?

Accepted Answer

Having a witness present and providing a clear, documented, consistent reason for termination

Answer

Having a witness and providing a consistent, well-documented reason prevents changing stories later and demonstrates good-faith business decisions.

Question 5

Under FEHA, California employers must engage in the 'interactive process' with an employee who requests an accommodation. Failure to do so may result in:

Accepted Answer

An independent cause of action for failure to engage in the interactive process

Answer

California's FEHA creates an independent cause of action for failure to engage in a timely, good-faith interactive process to determine effective reasonable accommodations.

PHRca - Professional in Human Resources - California Practice Test

PHRca - Professional in Human Resources - California Practice Test

PHRca Employee Relations and Terminations 3