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Emp Rights & Responsibility
 

Emp Rights & Responsibility

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    Emp Rights & Responsibility Emp Rights & Responsibility Presentation Transcript

    • Employee Rights and Responsibility Presented By: Jennifer Stiggers ShaNitra Gray-Dent Catherine 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.
      • Example : 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 Rights Based on laws or statutes passed by federal, state, or local government. Contractual Rights Rights 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 Arbitration Peer Review Panels Ombuds 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 Information
          • http://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
      • Counseling
      • Written Documentation
      • Final Warning (decision day-off)
      • Discharge
      Progressive Discipline
      • Verbal Caution
      • Written Reprimand
      • Suspension
      • 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