Multiple choice

1. In which of the following places does an employee have a reasonable expectation of privacy such that an employer may not search or investigate.

A. The employee’s desktop

B. Private emails sent from office computers

C. Telephone calls from the office phone

D. Cell phone calls to the office

E. All of the above

F. None of the above.

2. Mark performs poorly on the job and his evaluations, which he signed, indicate what he needs to do to improve performance. When he fails to do so, he is fired. The employee handbook indicates that an employee cannot be fired unless s/he fails to make the improvements required by a review. When Mark sues for wrongful termination, the employer cannot produce any of the documentation or reviews from Mark’s file. Who will win the lawsuit?

A. Mark if the employer cannot independently prove that Mark received regular reviews which indicated how he needed to improve and that Mark failed to make those improvements.

B. The employer if it can prove that Mark was guilty of discriminatory harassment on the job.

C. The employer if it can prove that Mark was an at-will employee

D. Neither because Title VII has not been violated.

3. Under the Employee Retirement Income Security Act (ERISA,) the two general types of benefits are:

A. Defined benefits and defined contributions

B. Pension benefits and retirement benefits

C. Defined benefits and undefined contributions

D. Pension benefits and welfare benefits

E. Defined benefits and undefined benefits.

4. The part of the Occupational Safety and Health Act that mandates a work environment free from recognized hazards likely to cause serious harm or death is know as:

A. Hazards Clause

B. General Duty Clause

C. Arbitration Clause

D. Liability Clause

None of the above