Human Resources Certification Institute (HRCI) Practice Exam

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What recourse is available for an employee who was denied his Weingarten rights and, in the process, was terminated?

Reinstatement
The right to sue for criminal damage
The right to sue for civil damages
Back pay and reinstatement

The correct answer is: Back pay and reinstatement

The correct answer is D, back pay and reinstatement. Weingarten rights protect employees during investigatory interviews by allowing them to have a union representative present. If an employee is denied their Weingarten rights and subsequently terminated, they may be entitled to back pay and reinstatement if it is determined that the termination was unjust. Options A, B, and C are incorrect because they do not directly address the specific recourse available for an employee who was denied their Weingarten rights and terminated. Reinstatement in option A is only part of the available recourse, and options B and C do not align with the typical remedies sought in cases involving Weingarten rights violations.