Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.16–1 Learning Objectives Define employment-at-will and discuss how wrongful discharge, just cause, and due process are interrelated. Identify employee rights associated with access to employee records and free speech. Discuss issues associated with workplace monitoring, employer investigations, and drug testing. Differentiate between the positive approach and progressive approach to discipline.
Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.16–2 Employment Relationship Terms Employment-at-Will (EAW) Wrongful Discharge Constructive Discharge Just Cause
Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.16–3 Exceptions to Employment-at-Will Public Policy Good-Faith and Fair- Dealing Implied Contract An employee can sue an employer if he or she was fired for refusing the employer’s demand to violate public policy (“break the law”). An employee can sue an employer if the employer’s actions or inaction constitute an implied contract of continuing employment. If the employer’s unruly behavior breaks a covenant of good faith with the employee, then that employee can sue the employer.
Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.16–4 Balancing Employer Security Concerns and Employee Rights Right to Privacy Defined in legal terms for individuals as the freedom from unauthorized and unreasonable intrusion into their personal affairs. Privacy Rights and Employee Records: 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
Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.16–5 Employee Free Speech Rights Monitoring of /Voice Mail Monitoring of /Voice Mail Advocacy of Controversial Views Whistle-BlowingWhistle-Blowing Employee Speech in the Workplace
Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.16–6 Workplace Monitoring Conducting Video Surveillance at Work Conducting Video Surveillance at Work Tracking Internet Use Monitoring Employee Performance Employee Privacy
Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.16–7 and Voice Mail Electronic Communications Policy Elements Voice 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 the right to monitor or search any of the media, without notice, for business purposes.
Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.16–8 Progressive Discipline Process Figure 16–10
Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.16–9 The Hot Stove Rule Good discipline (or a rule) is like a hot stove in that: It provides a warning (feels hot) It is consistent (burns every time) It is immediate (burns now) It is impersonal (burns all alike)
Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.16–10 Contractual Rights Employment Contract Implied Contract Non-Compete Agreements
Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.16–11 Drug Testing and Employee Rights Conducting Drug Tests Random testing of all employees at periodic intervals Testing only in cases of probable cause Testing after accidents When to Test (Conditions) 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.