■ Identify employee rights associated with free speech and access to employee records.. ■ Discuss issues associated with workplace monitoring, employer investigations, and drug testing
Trang 1© 2008 Thomson/South-Western All rights reserved. PowerPoint Presentation by Charlie CookThe University of West Alabama
Trang 2■ Define employment-at-will and discuss how wrongful discharge,
just cause, and due process are interrelated.
■ Identify employee rights associated with free speech and access to
employee records.
■ Discuss issues associated with workplace monitoring, employer
investigations, and drug testing.
■ List elements to consider when developing an employee
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Employee Rights and Responsibilities
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Contractual Rights
Rights based on a specific contract between
employer and employee
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Contractual Rights (cont’d)
Prohibit individuals who quit from competing with an employer in the same line of business for a specified period of time
Non-piracy agreements
Non-solicitation of current employees
Intellectual property and trade secrets Employment Contract
Clauses
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Contractual Rights (cont’d)
Covers employer’s costs for legal fees, settlements, and judgments associated with employment-related actions
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Rights Affecting the Employment Relationship
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Employment-at-Will (EAW)
Employers
Employers have the right to
hire, fire, demote, or
promote as they choose,
unless there is a law or
contract to the contrary.
Employees
Employees have the right to quit and got another job under the same constraints.
Trang 10Covenant of Good-faith and Fair-dealing
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Employment-at-Will Restrictions
Termination of an individual’s employment for
reasons that are improper or illegal
An employer deliberately makes working conditions intolerable for an employee in an attempt to get (to force) that employee to resign or quit
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FIGURE 16-2 Preparing a Defense Against Wrongful Discharge: The “Paper Trail”
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Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution Methods
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FIGURE 16-3 Criteria for Evaluating Just Cause and Due Process
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Employees’ Free Speech Rights
Employers’ Restrictions on Employees’ Free Speech Rights
Advocacy of
Controversial
Views
Publication of Blogs and Wikis
Engaging in Whistle-Blowing
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Privacy Rights and Employee Records
Employee medical records are to be kept as separate confidential files available under limited conditions
specified in the ADA
Restrict access to all records
Set confidential passwords to HRIS databases
Keep sensitive information in separate files and
restricted databases
Inform employees about data retained
Purge outdated data from records
Release information only with employee’s consent
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FIGURE 16-4 Employee Record Files
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Employee Rights and Personal Behavior
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.
Trang 20 Access to personal information held by employer
Response to unfavorable information in records
Correction of erroneous information
Notification when information is given to a third party
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Workplace Monitoring
Tracking Internet Use
Monitoring Employee Performance
Conducting Video Surveillance
Monitoring of E-Mail and Voice Mail
Balancing Employer Security and Employee Rights
The freedom from unauthorized and unreasonable intrusion into their personal affairs
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E-mail and Voice Mail
Voice mail, e-mail, and computer files are provided by the employer and are for business use only
Use of these media for personal reasons is restricted and subject to employer review
All computer passwords and codes must be available
to the employer
The employer reserves right to monitor or search any
of the media, without notice, for business purposes
Trang 24Sample
Illegal Drug Use
Falsification of Documents
Misuse of Company
Funds
Disclosure of Organizational Secrets
Workplace Violence
Employment
Harassment
Employee Theft
Types of Employee Misconduct
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FIGURE 16-6 Means Used to Reduce Employee Theft and Misconduct
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Employer Investigations
Employer Investigation of Workplace Conduct
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Substance Abuse and Drug Testing
Requires government contractors to take steps to
eliminate employee drug use
Failure to comply can lead to contract termination
Act does not cover tobacco and alcohol
Off-the-job drug use is not included
Requires regular testing of truck and bus drivers, train crews, mass-transit employees, airline pilots and
mechanics, pipeline workers, and licensed sailors
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FIGURE 16-7 How Substance Abuse Affects Employers Financially
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Drug Testing and Employee Rights
Random testing of all employees at periodic intervals
Testing only in cases of probable cause
Testing after accidents
Job consequences outweigh privacy concerns
Accurate test procedures are available
Written consent of the employee is obtained
Results are treated confidentially
Employer has drug program, including an EAP
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HR Policies, Procedures, and Rules
“How we do it”
Rules
Specific guidelines that regulate and restrict the behavior of individuals.
“The limits on what
we do”
Employee Rights
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FIGURE 16-8 Typical Division of HR Responsibilities: Policies, Procedures, and Rules
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Employee Handbooks
At-Will Prerogatives
Harassment Pay/Overtime
Benefits Policies in Handbooks
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Employee Handbooks
Eliminate controversial phrases in wording
Use disclaimers disavowing handbook as a contract
Keep handbook content current
Adjust reading level of handbook for intended
audience of employees
• Use
Communicate and discuss handbook
Notify all employees of changes in the handbook
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Communicating HR Information
Internal Publications and Media
Electronic Communication Downward and Upward
Internal Communications
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Employee Discipline
Organizational culture of avoiding discipline
Lack of support by higher management
Fear of lawsuits
Avoidance of time loss
Guilt about past behavior
Fear of loss of friendship
Reasons Why Managers Might Not Use Discipline
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Discharge: The Final Disciplinary Step
Coordinate manager and HR review
Select a neutral location
Conduct the termination meeting
Have HR discuss termination benefits
Escort the employee from the building
Notify the department staff
An agreement in which a terminated employee agrees not to sue the employer, in exchange for specified benefits