Download Chapter 16

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.
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16–1
Employment Relationship Terms
• Employment-at-Will (EAW)
• Wrongful Discharge
• Constructive Discharge
• Just Cause
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16–2
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
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16–3
Employee Free Speech Rights
Advocacy of
Controversial Views
Whistle-Blowing
Employee
Speech in the
Workplace
Monitoring of
E-Mail/Voice Mail
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16–4
Workplace Monitoring
Monitoring Employee
Performance
Tracking Internet
Use
Employee
Privacy
Conducting Video
Surveillance at Work
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16–5
E-mail and Voice Mail
• Electronic Communications Policy Elements
 Voice mail, e-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.
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16–6
Progressive Discipline Process
Figure 16–10
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16–7
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.
16–8
Contractual Rights
•
•
•
•
Contractual Rights
Employment Contract
Implied Contract
Non-Compete Agreements
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16–9
Exceptions to Employment-at-Will
An employee can sue an employer if he or she was
Public Policy fired for refusing the employer’s demand to violate
public policy (“break the law”).
Implied
Contract
An employee can sue an employer if the employer’s
actions or inaction constitute an implied contract of
continuing employment.
Good-Faith
and FairDealing
If the employer’s unruly behavior breaks a covenant
of good faith with the employee, then that employee
can sue the employer.
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16–10
Substance Abuse and Drug Testing
• Drug-Free Workplace Act of 1988
 Requires government contractors to take steps to
eliminate employee drug use. Failure to do so can
lead to contract termination.
 Tobacco and alcohol do not qualify as controlled
substances under the act, and off-the-job drug use is
not included.
 U.S. Department of Transportation (DOT) requires
regular testing of truck and bus drivers, train crews,
mass-transit employees, airline pilots and mechanics,
pipeline workers, and licensed sailors.
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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.
Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved.
16–12