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7/29/2019 Employee Rights and Responsibilities
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Employee Rights and
Responsibilities
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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
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Contractual Rights
Contractual Rights
Rights based on a specific contract between employer and
employee.
Employment Contract
An agreement that formally outlines the details of employment.
Implied Contract
Notion that a contract exists between employer and employeebased on implied promises of employer.
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Provisions in
Employment
Contracts
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Contractual Rights
Non-Compete Agreements Prohibit individuals who quit from competing
with employer in the same line of business for aperiod of time.
Non-piracy
agreements
Non-solicitation
of current
employees
Intellectual
property and
trade secrets
Employment
Contract Clauses
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Contractual Rights
Employment Practices LiabilityInsurance (EPLI)
Covers employers costs for legal fees,
settlements, and judgments associated withemployment-related actions.
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Rights Affecting the Employment
Relationship
Employment-at-Will (EAW)
Wrongful and Constructive
Discharge
Just Cause
Due Process
Distributive and Procedural
Justice
The Employment
Relationship
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Employment-at-Will (EAW)
Employers
Employers have the
right to hire, fire,
demote, or promote
as they choose, unlessthere is a law or
contract to the
contrary.
Employees
Employees have the
right to quit and get
another job under the
same constraints.
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Employment-at-Will (EAW)
Exceptions to EAW
Violation ofPublic Policy
ImpliedContract of
Continuing
Employment
Covenant ofGood-faithand Fair-
dealing
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Employment-at-Will Restrictions
Wrongful Discharge Termination of an individuals 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.
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Preparing a Defense Against Wrongful Discharge: The
Paper Trail
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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 ordiscipline. Distributive Justice
Perceived fairness in the distribution of outcomes.
Procedural Justice Perceived fairness of the process used to make decision
about employees.
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Alternative Dispute Resolution
(ADR)
Arbitration Peer Review Panels Ombuds
Alternative Dispute
Resolution Methods
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Criteria for Evaluating Just Cause and Due
Process
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Employee Record Files
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Employee Rights and Personal
Behavior
Body Appearance
An employer can place
legitimate job-related
limits on an
employees personalat-work appearance
such as tattoos and
body piercings.
Off-Duty Behavior
An employer can
discipline an employee
if the employees off-
the-job behavior putsthe company in legal or
financial jeopardy.
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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 athird party
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Workplace
Monitoring
Tracking Internet Use
Monitoring Employee Performance
Conducting Video Surveillance
Monitoring of E-Mail and Voice Mail
Balancing Employer Security and Employee
Rights
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E-mail and Voice Mail
Electronic Communications Policy Elements
Voice mail, e-mail, and computer files are providedby employer for business use only.
Use of these media for personal reasons is restrictedand subject to employer review.
All computer passwords and codes must beavailable to the employer.
The employer reserves right to monitor or searchany of the media, without notice, for business
purposes.