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Employee Rights and ResponsibilityEmployee Rights and Responsibility
Presented By:Jennifer StiggersShaNitra Gray-DentCatherine Hutcherson
Employee Rights and Responsibilities• Rights: Powers,
privileges, or interests that belong to a person by law, nature, or tradition.
• Responsibilities: Obligations to perform certain tasks and duties.
• ExampleExample: If an employee has the right to a safe working environment, then the employer must have an obligation to provide a safe workplace.
Types of Employee Rights
Statutory RightsBased on laws or statutes
passed by federal, state, or local government.
Contractual RightsRights based on a specific
Contract between an Employer and
employee.
Employee Rights and Responsibilities• Employment
contracts -formally outline the details of employment.
• These contracts may also specify whether the employment relationship is for a indeterminate time, or automatically renewed after a certain time.
• http://www.youtube.com/watch?v=nqahQ4clgw8
Employee Rights and Responsibilities
• Non-Compete Agreement- prohibits individuals who leave an organization from competing with an employer in the same line of business for a specified period of time.• In 1996 federal law made the theft of intellectual property
and trade secrets a federal crime punishable by fines up to $5 million and 15 years in jail. Consequently this is a topic
often covered in employment contracts.
Rights Affecting The Employment Relationship
• Employment-at-Will- a common law doctrine stating that employers have the right to hire, fire, demote, or promote whomever they choose, unless there is a
law or a contract to the contrary. • Employees have the right to quit and get another job under
the same terms.
• Exceptions to Employment-at-will• Public Policy Exceptions• Implied Contract Exception• Good–Faith Dealing Exception
Rights Affecting The Employment Relationship• Wrongful Discharge- termination of an individual’s employment
for reasons that are illegal or improper.
• Case Study: Fortune vs. National Cash Register Company • page 494
• Constructive Discharge- Process of deliberately making conditions intolerable to get an employee to quit.
• Intolerable working conditions• Dangerous duties• Demeaning assignments• Failure to provide work to do • Conditions under which a “reasonable employee” would quit
Rights Affecting The Employment Relationship
• Just Cause- Reasonable justification for taking employment-related action.
• Due Process- the requirement that the employer use a fair process to determine employee wrongdoing and that the employee have an opportunity to explain and defend his or her actions. • Distributive justice- perceived fairness in the distribution of
outcomes• Procedural justice- perceived fairness of the processes used
to make decisions about employees.
Alternative Dispute Resolution
ArbitrationPeer Review
PanelsOmbuds
Alternative Dispute
Resolution Methods
Alternative Dispute Resolution• Arbitration – uses a third party to make a decision.
• There are a number of reasons why employers might favor arbitration:
• reduced litigation costs • limited ability to appeal • faster results • greater privacy
• Peer Review Panels- use fellow employees and a few managers to resolve employment disputes.• There are a number of reasons why employers might favor
peer review panels: • Fewer lawsuits• Lower cost• Management and employee development
• Ombuds- individuals outside the normal chain of command that act as problem solvers for management and employees.
Individual Employee Rights Issues• Free Speech Rights- protected by the U.S.
Constitution, but is restricted in the workplace. • Whistle-Blowing- individuals who report real or perceived
wrongs committed by their employers. • Sarbanes-Oxley- Most of the act focuses on financial
reporting and internal control requirements for publicly traded companies, but Congress also included provisions to protect insiders who report questionable accounting practices.
• Privacy Rights and Employee Records• Employee Medical Records- regulated by the Americans
with Disabilities Act. • Security of Employee Records- employers are required to
keep personnel records up to date and keep only the details that are needed.
Individual Employee Rights Issues
• Employee Rights and Personal Behavior
• Employment Practices Liability Insurance- covers employer costs for legal fees, settlements, and judgments associated with employment actions.
Body Appearance
An employer can place legitimate job-related
limits on an employee’s personal at-work
appearance such as tattoos and body
piercings.
Off-Duty Behavior
An employer can discipline an employee if
the employee’s off-the-job behavior puts the
company in legal or financial jeopardy.
Balancing Employer Security and Employee Rights
• Rights to Privacy- An individual’s freedom from unauthorized and unreasonable intrusion into personal affairs.
Workplace Monitoring
Tracking Internet Use
Monitoring Employee Performance
Conducting Video Surveillance
Monitoring of E-Mail and Voice Mail
Balancing Employer Security and Employee Rights
• Employer Investigation• Employee Theft• Honesty and Polygraph Test• Reviewing Unusual Behavior• Conducting Work-Related Investigations
Balancing Employer Security and Employee Rights
• Substance Abuse and Drug Testing• Drug-Free Workplace Act of 1988 - The federal Drug-Free
Workplace Act applies to federal contractors whose organizations have contracts of $100,000 or more. It also applies to all organizations that are federal grantees and all individuals who receive a contract or grant from the federal government
• Drug Testing and Employee Rights- unless state or local law prohibits testing, employers have a right to require applicants or employees to submit to a drug test.
HR Policies, Procedures, and Rules
• Responsibilities for HR policies, procedures, and rules• Policies: general
guidelines that focus organizational actions.
• Procedures: customary methods of handling activities.
• Rules: specific guidelines that regulate and restrict the behavior of individuals.
• Employee Handbooks• Communicating HR
Informationhttp://www.youtube.com/watch?
v=duB3QCZWkgQ&feature=channel_page
Employee Discipline• http://www.youtube.com/watch?
v=62B99Nlnanw&feature=PlayList&p=51562A1A658AE860&playnext=1&playnext_from=PL&index=2
Positive Discipline
1. Counseling2. Written Documentation3. Final Warning (decision
day-off)4. Discharge
Progressive Discipline
1. Verbal Caution2. Written Reprimand3. Suspension4. Discharge
Approaches to Discipline
Employee Discipline
• Reasons why discipline may not be used:
• Discharge- final step in disciplinary process.• Review evidence• Select a neutral location• Conduct the termination
meeting• Have HR discuss
termination benefits• Escort the employee
from the building• Notify the department
staff
Guilt
Lack of support
Avoidance of time loss
Fear of law suites
Fear of loss of friendships
Organizational culture avoids discipline
Employee Discipline
• Effective Discipline
http://www.youtube.com/watch?v=Vbr4y5G-aSw
• Regardless of the disciplinary approach used, training in counseling and in communications skills provides supervisor and managers with the tools necessary to deal with employee performance problems.
• Separation Agreements: • Agreement in which a terminated employee agrees not to
sue the employer in exchange for specified benefits.
References
• HR Heroes• HR Creations• Human Resource Management