Managing Employee Performance

One of the reasons companies have processes and human resources departments is because there are employment laws. This resource starts with an employee dilemma. You will be introduced to various performance issues and employee rights as you read.

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.