Employee and Employer Rights and Responsibilities (BSBA-FM)

Employee and Employer Rights and Responsibilities

1. Employee Rights and
Responsibilities

Rights
_| That which belongs to a person by law, nature,
or tradition.

: Responsibilities
+ Obligations to perform certain tasks and duties.

< Statutory Rights
Rights based on specific laws and statutes
passed by federal, state, and local
governments.
- Equal employment opportunity
- Collective bargaining
: Workplace safety

2. Contractual Rights

Contractual Rights

| Rights based on a specific contract between
employer and employee.

| Empl C t

_ An agreement that formally outlines the details of
employment.

! Implied Contract

_ Notion that a contract exists between employer
and employee based on implied promises of
employer.

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3. Employment Contract |

+ Parties to the contract

+ General job duties and expectations

+ Compensation and benefits

+ Terms and conditions of employment

+ Termination/resignation factors

+ Non-compete and non-piracy agreements

+ Non-solicitation of current employees
+ Intellectual property and trade secrets

Date:

Employee's signature:

Company representative's signature:

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4. : Non-Compete Agreements
Prohibit individuals who quit from
competing with employer in the same
line of business for a period of time.

Employment
Contract Clauses —

Non-solicitation Intellectual

Non-piracy
| of current property and
agreements employees | se à

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5. actual KIgn!

- Employment Practices Liability
Insurance (EPLI
: Covers employer's costs for legal fees,
settlements, and judgments associated
with employment-related actions.

6. Wrongful and Constructive
Discharge

The
Employment
Relationship

7. Employers have the Employees have the

right to hire, fire, right to quit and get
demote, or promote another job under the
as they choose, unless same constraints.

there is a law or
contract to the
contrary.

OEE

8. Exceptions to EAW

ublic Policy À Continuing and Fair-
Employment dealing

9. Employment-at-Will Restrictions
: Wrongful Discharge

+ Termination of an individual's
employment for improper or illegal
reasons .

Fortune v. National Cash Register

: Constructive Discharge

An employer deliberately makes working
conditions intolerable in an attempt to
get (to force) an employee to resign or
quit.

10. Preparing a Defense Against Wrongful Discharge: !
The “Paper Trail”

Beenden Performance Appraisal ici Written Records Witt Written Warning,
Appraisal | Make sure performance Le Maintain written Warn employee
PEL J appraisals give an records on in writing
= accurate picture of =| | behaviors leading before dismissal,
=== | the person's performance. == J to dismissal.
mil Tr ri
Seep leer Grounds for Grounds for
Involve more than Dismissal Dismissal
ene person in the ——— | Put grounds for
termination decision, = — | dismissal in
=== PP writing.
= |
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11. Employment-at-Will: Fairness
: Just Cause

Reasonable justification for taking an
employment-related action.

: Due Process

The means used to allow individuals to
explain and defend their actions against
charges or discipline.

. Distributive Justice
— Perceived fairness in the distribution of
outcomes.
| Procedural Justice
— Perceived fairness of the process used to make
decision about employees. in

12. Alternative Dispute
Resolution (ADR)

SST STS

Arbitration Peer Review Panels

13. Criteria for Evaluating Just Cause

and Due Process \
Just Cause Determinants Due Process Considerations
+ Was the employee wamed of the + How have precedents been
consequences ofthe conduct? handled?
+ Was the employer's rule + Isa complaint process available?
reasonable? + Was the complaint process used?
+ Did management investigate + Was retaliation used against the
before disciplining? employee?
'* Was the investigation fair and Was the decision based on facts?
impartial? Were the actions and processes
+ Was there evidence of guilt? viewed as fair by outside entities?
# Were the rules and penalties
applied evenhandedly?
+ Was the penalty reasonable,
given the offense?

14. Employers’ Restrictions on
Employees’ Free Speech
Rights

15. Privacy Rights and Employee Records

+ ADA Provisions

| Employee medical records are kept as separate
confidential files available under limited
conditions specified in the ADA.

: Security of Employee Records
_: Restrict access to all records
Set confidential passwords to HRIS databases

Keep sensitive information in separate files and
restricted databases

_) Inform employees about data retained
_ Purge outdated data from records

_) Release information only with employee's
consent

16. Employee Record Files

EMPLOYEES

HISTORICAL FILE
+ Older documents
+ Non-confidential,

non-medical
benefits details

CONFIDENTIAL FILE

+ Reference letters

* Promotability
assessments

* Other items

MEDICAL FILE
+ Medical-related
information,
including medical
benefits claims

17. An employer can place An employer can

legitimate job-related discipline an employee
limits on an if the employee’s off-
employee’s personal the-job behavior puts
at-work appearance the company in legal or
such as tattoos and financial jeopardy.
body piercings.

AO. 0

18. Workplace Monitoring
~ Right to Privacy

Freedom from unauthorized and
unreasonable intrusion into personal affairs.

: Privacy Rights and Employee
Records:

Access to personal info held by employer

Response to unfavorable information in records

Correction of erroneous information

Prior notification when information is given to a
third party

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19. r Tracking Internet Use |

cn Monitoring Employee Performance I

Workplace y | | :
Monitoring j

Conducting Video Surveillance

Monitoring of E-Mail and Voice Mail |

20. E-mail and Voice Mail
+ Electronic Communications Policy
Elements

Voice mail, e-mail, and computer files are
provided by employer 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 right to monitor or
search any of the media, without notice, for
business purposes.

21. a |

Recommended 1. Develop an Electronic Communications Policy
Employer
Actions

Regarding

Electronic 2. Communicate the Policy to Employees

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3. Obtain Signed Permission from Employees

Communications

4. Monitor for Business Purposes Only |
5. Enforce the Policy Through Disciplinary Procedures }

22. Illegal Drug

Use
Employee Falsification of
Theft is al Documents
Types of
Employment [|= Hi Poe = Misuse of
Harassment | Company Funds

Disclosure of

Organizational
Secrets

Workplace
Violence

23. Reducing Employee Theft and
Misconduct

Before Hire:
Screening
Honesty testing, etc.
Background checks

After Hire:

Workplace monitoring

Review behavior changes

Document!

24. Employer Investigation of
Workplace Conduct

Off the J

Behavior Investigations

25. Substance Abuse and Drug Testing
| Drug-Free Workplace Act of 1988

_| Requires government contractors to take
steps to eliminate employee drug use.

Failure to comply may lead to contract
termination.

- Act does not cover tobacco and alcohol.
- Off-the-job drug use not included.

+ U.S. Department of Transportation (DOT)

1 Requires regular testing of truck and bus
drivers, train crews, mass-transit employees,
airline pilots and mechanics, pipeline
workers, and licensed sailors.

26. Increased Accidents/Damage

Increased Health-Care Needs

Increased Theft/ Fraud

* Downtime
+ Medical expenses
+ Wages of temporary employees

+ Replacement of damaged equipment

+ Legal/investigation fees

+ Increased insurance costs

+ Employee time lost

+ Administrative costs

+ Unproductive hours

+ Replacement of stolen items

+ Fees for hiring of security services
+ Legal fees and investigative costs

27. 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
< Testing Condition
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.

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28. Procedures
Customary methods
of handlin :
activities” restrict the behavior
ictions. of individuals. N
“The limits on what
“Why we do it” “How we do it” wader

=—

Employee Rights

29. Typical Division of HR Responsibilities: Policies,
Procedures, and Rules

HR Unit . Managers |

+ Designs formal mechanisms for + Help in developing HR policies and rules
coordinating HR policies + Review policies and rules with all
+ Assists in development of organization- employees
wide HR policies, procedures, and rules + Apply HR policies, procedures, and rules
+ Provides information on application of + Explain rules and policies to all employees
HR policies, procedures, and rules + Give feedback on effectiveness of policies
po Trains managers to administer policies, and rules

procedures, and rules

31. Employee Handbooks

Legal Language
_) Eliminate controversial phrases in wording.

_ Use disclaimers disavowing handbook as a
contract.

Keep handbook content current.
Readability

_: Make reading level appropriate for intended
audience of employees.

~ Use
_) Communicate and discuss handbook.
Notify all employees of handbook changes.

32. Appr h Discipline
_ Positive Discipline | ressive ne

1. Counseling 1. Verbal Caution

2. Written Documentation 2. Written Reprimand

3. Final Warning (decision 3. Suspension
day-off) 4. Discharge

4. Discharge

34. Discharge: Last Disciplinary Step
: Termination Process

'ı Coordinate manager and HR review

_) Select a neutral location

1 Conduct the termination meeting

_) Have HR discuss termination benefits
:: Escort the employee from the building
Notify the department staff

: Separation Agreement
| Terminated employee agrees not to sue the
employer, in exchange for specified benefits.