Managing Employee Performance
Employee Rights
Key Takeaways
- The employment-at-will principle means that an employer can separate from an employee without cause, and vice versa.
- Even though we have employment at will, a wrongful
discharge can occur when there are violations of public policy, an
employee has a contract with an employer, or an employer does something
outside the boundaries of good faith.
-
Whistleblowing is when an employee notifies
organizations of illegal or unethical activity. Whistleblowers are
protected from discharge due to their activity.
- A constructive discharge means the conditions are so poor that the employee had no choice but to leave the organization.
- The Worker Adjustment and Retraining Notification Act (WARN)
is a law that requires companies of one hundred or more employees to
notify employees and the community if fifty or more employees are to be
laid off.
- A retaliatory discharge is
one that occurs if an employer fires or lays off an employee owing to a
charge the employee filed. For example, if an employee files a workers'
compensation claim and then is let go, this could be a retaliatory
discharge.
- The privacy of employees is an issue that HR must
address. It is prudent to develop policies surrounding what type of
monitoring may occur within an organization. For example, some
organizations monitor e-mail, computer usage, and even postings on
social network sites.
- Drug testing is also a privacy issue, although in
many industries requiring safe working conditions, drug testing can be
necessary to ensure the safety of all employees.
- A union is a group of
workers who decide to work together toward a collective bargaining
agreement. This agreement allows workers to negotiate as one, rather
than as individuals.
- The Wagner Act, passed in 1935, addresses many issues related to workers' unionization.
- The process of collective bargaining means to negotiate a contract between management and workers. HR is generally part of this process.
-
Interest based bargaining occurs when mutual interests are discussed, rather than starting with a list of demands.
- Once an agreement is reached, HR is generally
responsible for knowing the agreement and implementing any changes that
should occur as a result of the agreement. One such example is
understanding the grievance process.