Chapter 44: Rights and Chapter 44: Rights and Responsibilities in the WorkplaceResponsibilities in the Workplace

May 30, 2006May 30, 2006

Looking for a JobLooking for a Job

• InterviewingInterviewing– Be prepared! Dress and act appropriatelyBe prepared! Dress and act appropriately– Do research on the companyDo research on the company– Things they cannot ask or make issues of:Things they cannot ask or make issues of:

• Marital StatusMarital Status

• DisabilityDisability

• RaceRace

• National OriginNational Origin

• Personal practices outside the workplacePersonal practices outside the workplace

– Bona Fide Occupational QualificationBona Fide Occupational Qualification

TestingTesting

• PsychologicalPsychological– Some occupations may require a psychological test Some occupations may require a psychological test

(police, fire, military)(police, fire, military)• DrugDrug

– Most companies are allowed to screen for drug/alcohol Most companies are allowed to screen for drug/alcohol before hiring.before hiring.

– After hiring, there must be a reasonable suspicion before After hiring, there must be a reasonable suspicion before you can make an employee take another testyou can make an employee take another test

• PolygraphPolygraph– The 1988 Polygraph Protection Act forbids employers The 1988 Polygraph Protection Act forbids employers

from conducting polygraph tests except for:from conducting polygraph tests except for:• Security GuardsSecurity Guards• Federal, State and Local Government EmployeesFederal, State and Local Government Employees

Conditions on the JobConditions on the Job

• Minimum WageMinimum Wage– Most employers have to pay a minimum wage Most employers have to pay a minimum wage

to their workers. Some exceptions include:to their workers. Some exceptions include:• Newspaper deliveryNewspaper delivery

• Part time retailPart time retail

• Service or agricultural jobs held by full-time studentsService or agricultural jobs held by full-time students

• Jobs that pay tipsJobs that pay tips

• OvertimeOvertime– Employers must pay 1.5 time the wage for any Employers must pay 1.5 time the wage for any

hours worked over 40.hours worked over 40.

Taxes and BenefitsTaxes and Benefits

• Employers must withhold federal and state Employers must withhold federal and state taxes from your check. taxes from your check.

• You must fill out a W2 for every job you are You must fill out a W2 for every job you are in.in.

• Fringe benefits:Fringe benefits:– Items employers may decide to provide to Items employers may decide to provide to

employees free of charge or at a reduced rate:employees free of charge or at a reduced rate:• Health, life, disability insuranceHealth, life, disability insurance• PensionsPensions• Sick leaveSick leave• VacationVacation

Social SecuritySocial Security

• This is also automatically taken out This is also automatically taken out of your paycheck. of your paycheck.

• Social Security pays retirement, Social Security pays retirement, disability or death benefits to eligible disability or death benefits to eligible workers, their families or both.workers, their families or both.

UnionsUnions

• A union is an association of workers that seeks to A union is an association of workers that seeks to secure favorable wages, improve working conditions secure favorable wages, improve working conditions and hours and resolve grievances with employers.and hours and resolve grievances with employers.

• 50% of workers must vote to have a union.50% of workers must vote to have a union.

• Unions work with employers through a collective Unions work with employers through a collective bargaining agreementbargaining agreement

• Unions can strike and picket if they vote to do so in Unions can strike and picket if they vote to do so in order to force the employer to give certain order to force the employer to give certain concessionsconcessions

Health and Safety in the Health and Safety in the WorkplaceWorkplace

• Occupational Safety and Health Act of Occupational Safety and Health Act of 19701970– Requires that employers provide safe and Requires that employers provide safe and

healthy working conditions for all workers.healthy working conditions for all workers.– Self-employed or members of a farmer’s Self-employed or members of a farmer’s

family are not covered. family are not covered.

• The Occupational Safety and Health The Occupational Safety and Health Administration (OSHA) oversees Administration (OSHA) oversees federal safely standards.federal safely standards.

Privacy at WorkPrivacy at Work

• Employers are legally allowed to oversee Employers are legally allowed to oversee the conduct and actions of employees at the conduct and actions of employees at work in a variety of ways:work in a variety of ways:– CamerasCameras– SearchesSearches– Internet/E-mail monitoringInternet/E-mail monitoring– Security GuardsSecurity Guards

• Wiretapping without a warrant is Wiretapping without a warrant is prohibited by federal law!! prohibited by federal law!!

Losing a JobLosing a Job

• Employment contracts:Employment contracts:– Most employers use an employment at will Most employers use an employment at will

contract which means you are free to quit at any contract which means you are free to quit at any time for any reasons, but that your employer can time for any reasons, but that your employer can terminate you at any time for any reason.terminate you at any time for any reason.

• Most government jobs are not this type of Most government jobs are not this type of employment and any employees under a employment and any employees under a collective bargaining agreement have certain collective bargaining agreement have certain rights and procedures that must be followed.rights and procedures that must be followed.

When is a firing illegal?When is a firing illegal?

• A termination may be illegal when it is A termination may be illegal when it is based on:based on:– RaceRace– SexSex– National OriginNational Origin– ReligionReligion– AgeAge– DisabilityDisability– Revenge for “whistle blowing”Revenge for “whistle blowing”

Procedures before Procedures before terminationtermination• The employer must follow due process that The employer must follow due process that

the company has before termination.the company has before termination.

• Two type of termination:Two type of termination:– Firing due to job performanceFiring due to job performance– Lay off due to financial instabilityLay off due to financial instability

• In a lay off, employers generally must inform employees In a lay off, employers generally must inform employees 60 days in advance or provide salary for the days that 60 days in advance or provide salary for the days that then employee would have been originally paid for. then employee would have been originally paid for.

• They employee may also have the right to continued They employee may also have the right to continued health benefits for a certain period of time.health benefits for a certain period of time.

If you lose your jobIf you lose your job

• File for unemployment!!File for unemployment!!– You cannot usually claim unemployment You cannot usually claim unemployment

if you quit a job, are fired for if you quit a job, are fired for misconduct.misconduct.

– You can claim benefits for 26 weeks with You can claim benefits for 26 weeks with an additional 26 weeks granted at the an additional 26 weeks granted at the discretion of the Unemployment Board.discretion of the Unemployment Board.

– You must have worked for 20-40 weeks You must have worked for 20-40 weeks in the 12 months prior to the date of in the 12 months prior to the date of your unemploymentyour unemployment