employee employment rights
federal and state laws that protect employment status and guarantee fair treatment of employees by employers
employee privacy rights
federal and state courts generally view the privacy rights of employees as minimal
As it relates to employee privacy rights there is a lack of comprehensive and consistent body of privacy protection, whether from laws or from court decisions
TRUE
Employer Responsibilities include
negligence
and negligence hiring
negligence
is the failure to use a reasonable amount of care when such failure results in injury to another person
negligent hiring
is a legal doctrine that places liability (duty of care) on the employer for actions of its employees during the course and scope of their employment
Psychological contract
(job protection rights)
is the expectation of a fair exchange of employment obligations between an employee and employer
Job Protection Rights: Legal Considerations
Include
1. employment-at-will principle
2. Implied Contract
3. Constructive Discharge
4. Plant closing notification
5. explicit contract
employee-at-will principle
the right of an employer to fire an employee w/o giving a reason and the right of an employee to quit when he or she chooses
Limitations on Employment-at-will
#NAME?
Wrongful discharge exceptions to the employment at will doctrine
violations of public policy
implied contract
implied covenant
violations of public policy
wrongful discharge of an employee by an employer for refusal commit an act that violates the law
implied covenant
wrongful discharge for a lack of fair deal on part of employer
implied contract
wrongful discharge contrary to an employers oral or written promises of continued employement
whistle-blowing
complaints to governmental agencies by employees about their employers illegal or immoral acts or legal practices
Laws protecting Whistle-Blowers from Retaliation
Sarbanes-Oxley (S-O) Act of 2002 protects publicly-traded company employees
...
...
Whistleblower Protection Act (WPA) protects federal employees.
Laws protecting whistle-blowers from retaliation
False Claims Act (FCA)
Laws protecting whistle-blowers from retaliation
Notification and Federal Employee Antidiscrimination and Retaliation Act (No Fear Act) of 2002
Laws protecting whistle-blowers from retaliation
Be consistent with employees in similar situations
Document reasons given for all disciplinary actions whether or not they warrant termination.
Document all performance problems
A lack of documented problems in an employee's personnel record may be used as circumstantial evidence of pretextual discharge if the employee is "suddenly" discharged.
Set and follow termination rules and schedules.
Procedures from an employee handbook, a supervisory manual, or even an intraoffice memorandum.
Give employees notices of unsatisfactory performance and improvement opportunities through a system of warnings and suspensions.
Terminate an employee only if there is an articulated reason
Objective reason
reflects company rules, policies, and practices
Explicit Contracts
Binding Contract Restrictions
- non-compete agreements
- intellectual property agreements
-nonpiracy agreements
constructive discharge
An employee voluntarily terminates his or her employment because of harsh, unreasonable employment conditions placed on the individual by the employer.
Retaliation Discharge
Employment laws prohibit from retaliating against employees when exercising their rights under these statutes.
Retaliation Discharge Statutes includes
Taking no adverse employment action against employees when they file discrimination charges.
Treating the employees consistently and objectively
Harboring no animosity toward the employees when they file discrimination lawsuits.
Workers' Adjustment Retraining and Notification Act (WARN) of 1989
Requires organizations with more than 100 employees to give employees and their communities sixty days' notice of any closure or layoff affecting fifty or more full-time employees.
Under WARN act terminated employees must be notified individually in writing
TRUE
The WARN act allows several exemptions, including "unforeseeable circumstances
TRUE
Safety-Sensitive Jobs
Employees must submit to a drug test when "reasonable suspicion" for a drug test exists and the employer's testing procedures are also reasonable.
Issue a policy statement prohibiting drug usage.
Drug-Free Workplace Act (1988) requires employers to:
Inform employees about the dangers of drugs.
Drug-Free Workplace Act (1988) requires employers to:
List options available for drug counseling.
Drug-Free Workplace Act (1988) requires employers to:
Notify the federal contracting agency of employees convicted of drug-related criminal offenses.
Drug-Free Workplace Act (1988) requires employers to:
Job Applicants
Applicants can be required to submit to a drug test.
ADA and Drug Addiction
Rehabilitated drug users are considered disabled.
Current drug users are not covered by ADA.
Issues in Drug Testing
Reasonable suspicion or probable cause
Impairment (fitness-for-duty), mandatory, and random drug testing
Validity and reliability of drug tests
Chain-of-custody of test samples
Electronic Communications Privacy Act (1986)
(Right to Privacy Laws)
Prohibits the interception, recording, or disclosure of wire, electronic, and aural communications through any electronic, mechanical, or other device. interception takes place when an employer monitors a telephone call while it is occurring. Permits empl
Privacy Act (1974)
(Right to Privacy Laws)
Applies to federal agencies and to organizations supplying goods or services to the federal government; gives individuals the right to examine references regarding employment decisions; allows employees to review their personnel records for accuracy. Empl
Family Education Rights and Privacy Act�the Buckley Amendment (1974)
(Right to Privacy Laws)
Prohibits educational institutions from supplying information about students without prior consent. Students have the right to inspect their educational records.
Fair Credit Reporting Act (1970)
(Right to Privacy Laws)
Permits job applicants and employees to know of the existence and context of any credit files maintained on them. Employees have the right to know of the existence and nature of an investigative consumer report compiled by the employer.
employees generally have
The right to know of the existence of one's personnel file
The right to inspect one's own personnel file
The right to correct inaccurate data in the file
employers can
Restrict access to information that could violate the privacy of others
Limit the employee to copies of documents that he or she has signed
Require that HR personnel, or a supervisor, be present while the employee views the documents
Employee Conduct outside the Workplace
Organizations that discipline employees for off-duty misconduct must establish a clear relationship between the misconduct and its negative effect on other employees or the organization.
Genetic Testing
Can identify an individual's risk of developing common disorders such as cancer, heart disease, or diabetes.
Likely violates Title VII of the Civil Rights Act and the Americans with Disabilities Act
tardiness
Problem Behavior in the Workplace
withdrawl
Problem Behavior in the Workplace
safety infractions
Problem Behavior in the Workplace
absenteeism
Problem Behavior in the Workplace
theft
Problem Behavior in the Workplace
harassment
Problem Behavior in the Workplace
sabotage
Problem Behavior in the Workplace
violence
Problem Behavior in the Workplace
workplace incivility
Rude, discourteous, insensitive behaviors
Violation of organizational norms
workplace incivility include
Crude behavior or words
Unprofessional conduct
Disrespect, lack of respect for others
Failure to share credit or information
Causes of Incivility
Perceived lack of support from the organization
Negative perception of work situation held by employee
Personality type
publish widely
Guidelines
for Implementation
of Organizational Rules
review regularly
Guidelines
for Implementation
of Organizational Rules
explain reasons
Guidelines
for Implementation
of Organizational Rules
keep in writing
Guidelines
for Implementation
of Organizational Rules
be reasonable
Guidelines
for Implementation
of Organizational Rules
remind/restate
Guidelines
for Implementation
of Organizational Rules
get signed statements of understanding
Guidelines
for Implementation
of Organizational Rules
discipline
Treatment that punishes.
Orderly behavior in an organizational setting.
Training that molds and strengthens desirable conduct or corrects undesirable conduct and develops self-control.
Concentrate on how the offense violated the performance and behavior standards of the job.
conduct of an interview
Avoid getting into personalities or areas unrelated to job performance.
conduct of an interview
Give the employee a full opportunity to explain his or her side of the issue.
conduct an interview
NLRB v Weingarten,Inc.
The Supreme Court upheld an NLRB ruling in favor of the employee's right to representation during an investigative interview in a unionized organization.
progressive discipline
When applying corrective measures by increasing degrees, always be sure that employees:
Know where they stand regarding offenses.
Know what improvement is expected of them.
Understand what happens next if improvement is not made.
positive, or non-punitive, discipline
Discipline that focuses on the early correction of employee misconduct, with the employee taking total responsibility for correcting the problem.
Progressive discipline procedures dictate specific warning steps depending on the persistence of the behavior.
Verbal warning - talk to the employee
Written warning
Suspension
Dismissal
gross misconduct grounds for discharge
TRUE
positive discipline Encourages employees to assume responsibility for their actions.
TRUE
in positive discipline supervisors use counseling skills to motivate the employee to change.
TRUE
in positive discipline supervisors must
receive appropriate training.
AND
supervisors/employees agree on goals and methods for addressing problem behavior
Companies use "discipline days" to communicate seriousness and commitment.
Also ends with discharge
TRUE
alternative dispute resolution ADR
Different types of employee complaint or dispute-resolution procedures used to meet employees' expectations for fair treatment in the workplace while guaranteeing them due process.
ADR Procedures
Step-Review Systems
Peer-Review Systems
Open-Door Policy
Ombudsman System
Mediation
Arbitration
Step-Review System
System for reviewing employee complaints and disputes by successively higher levels of management.
Peer-Review System
A group composed of equal numbers of employee representatives and management appointees.
Functions as a jury since its members weigh evidence, consider arguments, and after deliberation, vote independently to render a final decision.
Open-Door Policy
A policy of settling grievances that identifies various levels of management above the immediate supervisor for employee contact.
Ombudsman System
Is a designated individual from whom employees may seek counsel for the resolution of their complaints.
Is an advocate for a fair process, not an advocate on behalf of individuals or the institution.
Does not have the power to decide or to overrule a deci
Mediation
The use of an impartial neutral to reach a compromise decision in employment disputes
Mediator
A third party in an employment dispute who meets with one party and then the other in order to suggest compromise solutions or to recommend concessions from each side that will lead to an agreement.
arbitrator
Third-party neutral who resolves a labor dispute by issuing a final decision in the disagreement.
arbitration
The use of an impartial neutral party as decision maker to resolve an employment labor dispute by imposing a binding final decision on all parties involved in the dispute.
Ethics
A set of standards of conduct and moral judgments that help to determine right and wrong behavior.
Provides cultural guidelines�organizational or societal�that help decide between proper or improper conduct.
Code of Ethics
Is a set of written standards of conduct (ethical values) governing relations with employees and the public.
Provides a basis for the organization, and individual managers, to evaluate their plans and actions.