employee rights & responsibilities mn 301 – human resource management craig w. fontaine, ph.d....
TRANSCRIPT
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Employee Rights & Responsibilities
MN 301 – Human Resource Management
Craig W. Fontaine, Ph.D.Pine Manor College
Fall 2014
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Employee Rights and Responsibilities
Rights: Power, privileges or interests derived from law, nature, or tradition
Statutory rights: Based on specific laws or statutes passed by federal, state, or local governments Equal employment opportunity Collective bargaining Workplace safety
Responsibilities: Obligations to perform certain tasks and duties
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Contractual Rights
Rights based on a specific contract between employer and employee
• An agreement that formally outlines the details of employment
Employment
Contract
• Prohibit individuals who leave an organization from working with an employer in the same line of business for a specified period of time
Non-compete
Agreements
• Right to keep trade secrets confidential and to have employees bring business opportunities to the employer first
• Common-law copyright for works prepared by employees for their employees
Protection of
Intellectual Property
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Provisions in Employment Contracts
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Non-compete Agreements
Non-piracy agreements
Non-solicitation of current
employees
Intellectual property and trade secrets
Employment Contract Clauses
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Implied Contracts
Unwritten contract between individuals and their employers
Affects employment relationship Rights and responsibilities of the employee
may exist only as unwritten employer expectations about what is acceptable behavior or performance
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Rights Affecting the Employment Relationship
Employment-at-Will (EAW)
Wrongful and Constructive
Discharge
Just Cause
Due Process
Distributive and Procedural Justice
The Employmen
t Relationshi
p
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Employment-at-Will (EAW)
Employers
Have the right to hire, fire, demote, or promote as they
choose, unless there is a law or contract to the
contrary.
Employees
Have the right to quit and get another job
under the same constraints.
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Discharge
Wrongful Discharge
• Termination of an individual’s employment for reasons that are improper or illegal
Constructive Discharge
• 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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Keys for Preparing a Defense against Wrongful Discharge
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Fairness
Just cause: Reasonable justification for taking an employment-related action
Due process: Requirement that the employer use a fair process to determine employee wrongdoing Allows employees to explain and defend their
actions against charges or discipline
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Criteria for Evaluating Just Cause and Due Process
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Organizational Justice
Distributive Justice
• Perceived fairness in the distribution of outcomes
Procedural Justice
• Perceived fairness of the process used to make decision about employees
Interactional Justice
• Perceived fairness about how a person interacts with others
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Open Door Policy
Anyone with a complaint can talk with a manager, an HR representative, or an executive
Probability of being mishandled Nonunion firms benefit from having formal
complaint procedures that are well-defined
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Work-Related Alternative Dispute Resolution (ADR)
ArbitrationPeer Review
PanelsOmbuds
Alternative Dispute
Resolution Methods
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Work-Related Alternative Dispute Resolution
Arbitration: Using a neutral third party to make a decision
• Compulsory arbitration• All disputes will be submitted to arbitration• Employees waive their rights to pursue legal action
until the completion of the arbitration process
Peer review panels - Advantages
• Reduces lawsuits• Provision of due process • Lower costs• Management and employee development
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Work-Related Alternative Dispute Resolution
Ombuds
• Individuals outside the normal chain of command, acting as problem solvers for both management and employees
Mediation
• Tool for developing appropriate and fair outcomes for all parties involved
• Helps settle disputes and figures out how employees can more effectively interact with each other on the job
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Right to Privacy
An individual’s freedom from unauthorized and unreasonable intrusion into personal affairs
Change in nature of privacy issues at work place due to: Internet communications
Specialized computers
Telecommunications systems
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Privacy Rights and Employee Records
Employee Medical Records
• Recordkeeping and retention practices are affected by provisions of Americans with Disabilities Act (ADA)
Security of Employee Records
• Protect the privacy of employees • Protect employers from potential liability for
improper disclosure of personal information
Electronic Records
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Employee Record Files
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Laws Protecting Whistle-Blowers
Sarbanes-Oxley Act Dodd-Frank Wall Street Reform
Company guilty of retaliation is required to:
Give the individual back his or her job
Provide back pay or double back pay to make up for lost compensation
Cover any costs associated with legal counsel
Consumer Protection Act
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Technology and Employer/Employee Issues
Monitoring Electronic Communications
• Helps with the following challenges:• Tendency to communicate more casually in e-
mails can lead to inappropriate communication• Forwarding unprofessional content
HR Policies on Electronic Communications
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Recommended Employer Actions Regarding Electronic Communications
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Employee Rights and Personal Behavior
Reviewing Unusual Behavior
Dress and Body Appearance Limitations
• Placing legitimate job-related limits on an employee’s personal at-work appearance
Off-Duty Behavior
• Discipline an employee if his/her off-the-job behavior puts the company in legal or financial jeopardy
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Workplace Monitoring
Conducting Video Surveillance at Work
• Ensures employee security• Requires employers to be careful so that
employer rights and employee privacy do not collide
Monitoring Employee Performance
• Signed employee consent form stating that performance will be monitored regularly
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Conducting Work-Related Investigations - Best Practices
•Give high priority to confidentiality throughout investigations•All important incidents should be properly documented
Develop a good working plan to respond in times of crises
Specify whether HR or another party will conduct the actual investigation
Investigate problems quickly before evidence can be tampered with
Credibility of individuals providing information in an investigation must be assessed
Use the stories and information collected to identify a conclusion to the investigation
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Honesty and Polygraph Tests
Employee Polygraph Protection Act Prohibits the use of polygraphs for most pre-
employment screening
Requires that employees must: Be advised of their rights to refuse to take a
polygraph exam
Be allowed to stop the exam at any time; and
Not be terminated because they refuse to take a polygraph test or solely because of the exam results
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How Substance Abuse Affects Employers Financially
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Substance Abuse and Drug Testing
American with Disabilities Act
• Alcoholism is a disability, but that dependency on illegal drugs is not
Family and Medical Leave Act
• Covers substance abuse
Drug-Free Workplace Act of 1988
• Requires government contractors to take steps to eliminate employee drug use
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Drug Testing and Employee Rights
Policies for Conducting Drug Tests
• Random testing of all employees at periodic intervals• Testing only in cases of probable cause• Testing after accidents
Test Conditions
• Job-related 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
PoliciesGeneral
guidelines that focus
organizational actions.
“Why we do it”
ProceduresCustomary methods of
handling activities
“How we do it”
RulesSpecific
guidelines that regulate and restrict the behavior of individuals.
“The limits on what
we do”
Employee Rights
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Typical Division of HR Responsibilities: Policies, Procedures, and Rules
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Employee Handbooks
At-willPrerogatives
HarassmentHours worked
DisciplineElectronic
communication
Pay/benefits
Policies in Handbooks
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Employee Handbooks
Legal Review of Language
• Eliminate controversial phrases in wording• Use disclaimers disavowing handbook as a contract• Keep handbook content current
Readability
• 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
Downward communication Flows from top management to the rest of the
organization
Informs employees about expectations and goals of top management
Upward communication Enables managers to learn about the ideas,
concerns, and information needs of employees
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Employee Discipline
Discipline: A form of training that enforces organizational rules
Effective discipline Focuses on problem behaviors, not at the
employees personally Supports distributive and procedural justice in the
organizations Relies on supervisors and manager who are
properly trained on when and how to use discipline
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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
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Progressive Discipline Approach
Counseling
Written Documentation
Final Warning
Discharge
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Progressive Discipline Process
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Discharge and Termination
Discharge: When an employee is removed from a job at an employer