Senior Professional in Human Resources (SPHR) Certification Practice Exam

If an employee is terminated after being denied their Weingarten rights, what recourse may they have?

1. Reinstatement

2. The right to sue for criminal damage

3. The right to sue for civil damages

4. Back pay and reinstatement

The correct answer is: Back pay and reinstatement

When an employee's Weingarten rights are violated, they may seek certain forms of recourse in response to their termination. Weingarten rights pertain to an employee's entitlement to have union representation during investigatory interviews that could lead to disciplinary action. If these rights are denied and the employee is subsequently terminated, there are specific remedies available. The option stating that the employee may be entitled to back pay and reinstatement is correct because it reflects remedies that aim to restore the employee to their previous position, along with compensation for lost wages due to the unjust termination. This form of relief serves both to address the harm caused by the violation of rights and to ensure the employee is made whole again, reinforcing the importance of union representation in disciplinary processes. Other options involve legal actions like suing for civil damages or criminal damages, which don’t directly address the violation of Weingarten rights in the same comprehensive manner. Furthermore, reinstatement and back pay specifically aim to remedy the situation resulting from the termination, aligning with the protections afforded to employees under labor relations laws. Thus, the response regarding back pay and reinstatement captures the essence of the employee’s entitlement following a wrongful termination connected to the denial of Weingarten rights.