PHRca Employee Relations and Terminations 4

Question 1

California's progressive discipline process is most valuable to employers because it:

Accepted Answer

Creates a documented record showing the employee was given notice and opportunity to correct behavior

Answer

Progressive discipline creates documentation showing fair notice and opportunities to improve, which is critical evidence in defending against wrongful termination claims.

Question 2

An employee is terminated for cause in California. Which of the following best describes their eligibility for unemployment insurance benefits?

Accepted Answer

They are eligible unless terminated for misconduct as defined under the Unemployment Insurance Code

Answer

In California, termination 'for cause' does not automatically disqualify an employee; the EDD uses a specific statutory definition of 'misconduct' that sets a higher bar than mere poor performance.

Question 3

Under the Older Workers Benefit Protection Act (OWBPA), a valid waiver of ADEA claims in a severance agreement must provide the employee at least how many days to consider the agreement?

Accepted Answer

21 days

Answer

OWBPA requires at least 21 days to consider an ADEA waiver (45 days for group terminations), and a 7-day revocation period after signing.

Question 4

When a California employee is laid off as part of a qualifying plant closure under the WARN Act and the employer fails to provide 60 days notice, the employer is liable for:

Accepted Answer

Back pay and benefits for up to 60 days

Answer

Under both federal and California WARN Acts, employers who fail to provide adequate notice are liable for back pay and benefits for each day of violation, up to 60 days.

Question 5

A manager asks HR to help document performance issues for an employee who the manager wants to terminate. HR reviews the file and finds no prior documentation. The best HR response is to:

Accepted Answer

Advise the manager to document current and ongoing performance issues going forward before proceeding to termination

Answer

Retroactive documentation is a red flag in litigation; HR should coach the manager to document current performance issues prospectively before taking termination action.

PHRca - Professional in Human Resources - California Practice Test

PHRca - Professional in Human Resources - California Practice Test

PHRca Employee Relations and Terminations 4