Free Professional in Human Resources - California (PHRca) Employee Relations and Lifecycle Questions and Answers — Questions and Answers
Question 1: A former employee, who was terminated three months ago, submits a written request to inspect their personnel file. Under the California Labor Code, what is the employer's obligation regarding the timeframe for providing access?
- The employer has 15 calendar days from receiving the written request.
- The employer must provide access within 21 business days of the request.
- The employer is not obligated to provide access to former employees.
- The employer must provide access no later than 30 calendar days from receiving the written request. (Correct answer)
Correct answer: The employer must provide access no later than 30 calendar days from receiving the written request.
California Labor Code section 1198.5 requires employers to provide current and former employees with access to their personnel files within 30 calendar days of receiving a written request. This timeframe can be extended to 35 days only if both parties mutually agree in writing.
Question 2: A California-based company with 80 employees is planning a mass layoff that will affect 55 employees at a single site of employment. Which of the following actions is required under the California Worker Adjustment and Retraining Notification (Cal-WARN) Act?
- Provide 30 days' advance written notice to affected employees and government entities.
- Provide 60 days' advance written notice to affected employees and government entities. (Correct answer)
- Notify the federal Department of Labor at least 45 days before the layoff.
- The Cal-WARN Act does not apply because the company has fewer than 100 employees.
Correct answer: Provide 60 days' advance written notice to affected employees and government entities.
The Cal-WARN Act applies to employers with 75 or more employees (full-time or part-time). It is triggered by a mass layoff, which is defined as a layoff of 50 or more employees within a 30-day period. The Act requires employers to give at least 60 days' advance written notice to affected employees and various state and local government entities.
Question 3: During an interview for a management position at a California company, a candidate voluntarily discloses, without being prompted, that their previous salary was $90,000. According to California's salary history ban (Labor Code 432.3), how may the employer use this information?
- The employer must disregard the information entirely and cannot use it for any purpose.
- The employer may use the information to determine the candidate's potential fit within the team.
- The employer may consider the voluntarily disclosed information when determining the salary offer. (Correct answer)
- The employer can only use the information to verify employment, but not for setting pay.
Correct answer: The employer may consider the voluntarily disclosed information when determining the salary offer.
California Labor Code section 432.3 prohibits employers from asking about a candidate's salary history. However, if an applicant voluntarily and without prompting discloses that information, the employer is permitted to consider it when determining the salary for the position. The key is that the disclosure must be entirely voluntary.
Question 4: A California employer is providing a reference for a former employee who was terminated for misconduct. Which of the following statements is most accurate regarding the employer's legal protection against defamation claims?
- Employers have absolute immunity and can share any information, including opinions.
- Employers are only permitted to confirm dates of employment and job title.
- Employers have a qualified privilege, protecting them if they provide truthful information without malice. (Correct answer)
- Employers are only protected if they have a signed waiver from the former employee.
Correct answer: Employers have a qualified privilege, protecting them if they provide truthful information without malice.
California law provides employers with a "qualified privilege" when giving references. This means they are protected from defamation claims as long as the information they share about job performance or eligibility for rehire is based on credible evidence, provided upon request to a prospective employer, and communicated without malice (i.e., not with reckless disregard for the truth or a desire to harm).
Question 5: Which of the following is a recognized exception to the at-will employment doctrine in California, where an employer's own policies or statements create a reasonable expectation of job security?
- The statutory right to overtime.
- The public policy exception.
- The implied contract exception. (Correct answer)
- The bona fide occupational qualification (BFOQ) defense.
Correct answer: The implied contract exception.
While employment in California is presumed to be "at-will," courts recognize an implied contract exception. This occurs when an employer's conduct, such as statements in an employee handbook, long-term positive performance reviews, or verbal assurances, creates an implied promise not to terminate the employee without good cause.
Question 6: An employee informs their manager that they have a medical condition making it difficult to sit for long periods. Under California's FEHA, what is the employer's immediate required next step?
- Request the employee's complete medical records to verify the condition.
- Tell the employee to take a leave of absence until they are fully recovered.
- Initiate a timely, good-faith interactive process with the employee.
- Immediately purchase a standing desk without further discussion. (Correct answer)
Correct answer: Immediately purchase a standing desk without further discussion.
Once an employer is on notice of an employee's potential need for a disability-related accommodation, California's Fair Employment and Housing Act (FEHA) requires the employer to engage in a timely, good-faith interactive process. This is a collaborative dialogue to determine the employee's limitations and identify a potential reasonable accommodation.
Free Professional in Human Resources - California (PHRca) Employee Relations and Lifecycle Questions and Answers
A former employee, who was terminated three months ago, submits a written request to inspect their personnel file.
Under the California Labor Code, what is the employer's obligation regarding the timeframe for providing access?