PHRca Employee Relations and Terminations 5

Question 1

Under California law, which of the following statements about at-will employment is TRUE?

Accepted Answer

At-will employment allows termination for any reason except those prohibited by statute or public policy

Answer

At-will employees can be terminated for any reason, including protected class membership

Answer

At-will status can be revoked by the employee at any time with 30 days notice

Answer

Employers must provide progressive discipline before terminating an at-will employee

Question 2

The 'tort of wrongful discharge in violation of public policy' in California (Tameny claim) allows employees to sue when terminated for:

Accepted Answer

Refusing to perform an illegal act, reporting illegal activity, or exercising a statutory right

Answer

Violating a company dress code

Answer

Requesting a schedule change for personal reasons

Answer

Performing below expectations after two written warnings

Question 3

California's Fair Employment and Housing Act (FEHA) requires employers to take all reasonable steps necessary to prevent discrimination and harassment. Failing to prevent harassment can result in:

Accepted Answer

A separate independent claim against the employer under Government Code Section 12940(k)

Answer

Automatic treble damages under the Labor Code

Answer

A referral to the NLRB for unfair labor practice investigation

Answer

Mandatory mediation with the Department of Industrial Relations

Question 4

When using a third party to conduct a background check on a job applicant or current employee, California employers must comply with:

Accepted Answer

The Fair Credit Reporting Act (FCRA) and California's Investigative Consumer Reporting Agencies Act (ICRAA)

Answer

Only the federal FCRA since it preempts all state law

Answer

The California Consumer Privacy Act (CCPA) exclusively

Answer

No special requirements beyond obtaining verbal consent

Question 5

An employer is considering terminating an employee who is currently on an approved CFRA leave. Under California law, this is:

Accepted Answer

Permissible if the termination reason is entirely unrelated to the leave

Answer

Always prohibited for the duration of the leave and 90 days after return

Answer

Permissible only if the employee has exhausted all CFRA benefits

Answer

Always prohibited once CFRA leave paperwork is submitted

Question 6

Under California's Labor Code Section 1101-1102, employers are prohibited from:

Accepted Answer

Adopting rules that control or direct employees' political activities or affiliations

Answer

Requiring employees to work overtime without a premium pay waiver

Answer

Monitoring employee emails on company devices with prior written notice

Answer

Conducting mandatory arbitration agreements for employment disputes

Question 7

An employer in California implements a mandatory arbitration agreement that includes a class action waiver. Following AB 51 and subsequent federal court rulings, which statement is most accurate?

Accepted Answer

Federal courts have largely found that the FAA preempts AB 51 as applied to signed arbitration agreements

Answer

AB 51 permanently banned all employment arbitration agreements in California

Answer

AB 51 applies only to non-exempt employees earning less than the minimum wage

Answer

Class action waivers are valid only when combined with a PAGA waiver