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 employment permits termination for any reason or no reason, but California law carves out exceptions for illegal reasons including discrimination, retaliation, and violations of public policy.

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

A Tameny claim arises when an employer terminates an employee for a reason that violates a fundamental public policy embodied in a constitutional provision, statute, or regulation.

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

Government Code Section 12940(k) creates a standalone cause of action for failure to take all reasonable steps to prevent harassment or discrimination from occurring.

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

California employers must comply with both the federal FCRA and state-specific laws including ICRAA, which impose additional disclosure, consent, and remediation requirements.

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

An employer may terminate a CFRA-protected employee only if the decision is based on a legitimate, documented reason entirely independent of the protected leave activity.

PHRca - Professional in Human Resources - California Practice Test

PHRca - Professional in Human Resources - California Practice Test

PHRca Employee Relations and Terminations 5