Emp Rights & Responsibility
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Emp Rights & Responsibility

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Emp Rights & Responsibility Presentation Transcript

  • 1. Employee Rights and Responsibility Presented By: Jennifer Stiggers ShaNitra Gray-Dent Catherine Hutcherson
  • 2. 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.
  • 3. 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
  • 4. 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.
  • 5. 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
  • 6. 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
  • 7. 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.
  • 8. Alternative Dispute Resolution Arbitration Peer Review Panels Ombuds Alternative Dispute Resolution Methods
  • 9. 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.
  • 10. 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.
  • 11. 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.
  • 12. 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
  • 13. Balancing Employer Security and Employee Rights
    • Employer Investigation
      • Employee Theft
      • Honesty and Polygraph Test
      • Reviewing Unusual Behavior
      • Conducting Work-Related Investigations
  • 14. 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.
  • 15. 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
  • 16. 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
  • 17. 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
  • 18. 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.
  • 19. References
    • HR Heroes
    • HR Creations
    • Human Resource Management