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 employee based 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 a period of time.

Employment
Contract Clauses

Non-solicitation Intellectual
Non-piracy
of current property and
agreements
employees trade secrets
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Contractual Rights
Employment Practices Liability
Insurance (EPLI)
Covers employer’s costs for legal fees,
settlements, and judgments associated
with employment-related actions.

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Rights Affecting the Employment
Relationship

Employment-at-Will (EAW)

Wrongful and Constructive

Discharge

The
Just Cause Employment
Relationship

Due Process

Distributive and
Procedural Justice
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Employment-at-Will (EAW)

Employers Employees

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.
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Employment-at-Will (EAW)

Exceptions to EAW

Implied Covenant of
Violation of Contract of Good-faith
Public Policy Continuing and Fair-
Employment dealing
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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.
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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 or discipline.
Distributive Justice
– Perceived fairness in the distribution of
outcomes.
Procedural Justice
– Perceived fairness of the process used to make
decision about employees. 11
Alternative Dispute
Resolution (ADR)

Alternative Dispute
Resolution Methods

Arbitration Peer Review Panels Ombuds

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Criteria for Evaluating Just Cause
and Due Process

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Employees’ Free Speech Rights

Employers’ Restrictions on
Employees’ Free Speech
Rights

Advocacy of Engaging in
Publication of
Controversial Whistle-
Blogs
Views Blowing

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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
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Employee Record Files

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Employee Rights and Personal
Behavior

Body Appearance Off-Duty Behavior

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.
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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 a
third party
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Balancing Employer Security and
Employee Rights

Tracking Internet Use

Monitoring Employee Performance

Workplace
Monitoring
Conducting Video Surveillance

Monitoring of E-Mail and Voice Mail

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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.
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Recommended
Employer
Actions
Regarding
Electronic
Communications

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 Employee Misconduct
Illegal Drug
Sample
Use

Employee Falsification of
Sample
Documents
Theft

Types of
Employee
Sample
Employment Misuse of
Sample
Harassment
Misconduct Sample
Company Funds

Disclosure of
Workplace
Sample Organizational
Sample
Violence
Secrets
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Reducing Employee Theft and
Misconduct

Before Hire:
Screening
Honesty testing, etc.
Background checks
After Hire:
Workplace monitoring
Review behavior changes
Document!

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Employer Investigations

Employer Investigation of
Workplace Conduct

Reviewing
Conducting
Administering Unusual On and
Work-Related
Honesty Tests Off the Job
Investigations
Behavior

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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)
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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How Substance Abuse Affects Employers Financially

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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 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.
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HR Policies, Procedures, and
Rules

Policies Procedures Rules

General guidelines Customary methods Specific guidelines
that focus of handling that regulate and
restrict the behavior
organizational activities
of individuals.
actions.
“The limits on what
“Why we do it” “How we do it” we do”

Employee Rights
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Typical Division of HR Responsibilities: Policies,
Procedures, and Rules

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Employee Handbooks

At-Will
Prerogatives

Pay/Overtime Harassment

Policies in
Handbooks
Electronic
Discipline
Communication

Benefits

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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.

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Employee Discipline

Approaches to Discipline

Positive Discipline Progressive Discipline

1. Counseling 1. Verbal Caution

2. Written Documentation 2. Written Reprimand
3. Final Warning (decision 3. Suspension
day-off) 4. Discharge
4. Discharge

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Employee Discipline

Organizational
culture of
avoiding discipline

Lack of support by
Fear of
higher
lawsuits Reasons Why management
Managers Might
Not Use
Avoidance of Discipline Guilt about
time loss past behavior

Fear of loss of
friendship

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Discharge: Last Disciplinary Step
Termination Process
Coordinate manager and HR review
Select a neutral location
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.

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