Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Chapter 14 Respecting Employee Rights 14-1

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall  Understand the origins and scope of employee rights and management rights.  Explain why the HR department must balance management’s rights and employees’ rights when designing employment policies.  Describe the employment-at-will doctrine Chapter 14 Objectives

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-3 Employee Rights Types of employee rights:  Statutory right —protected by law  Protection from discrimination  Safe working conditions  Right to union representation  Contractual rights —based on a contract  Employment or Union contract  Due process  Implied Contract

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-4 Other Rights  Right to ethical treatment  Psychological Contract  Limited right to privacy  Implicit in U.S. Constitution  Privacy Act of 1974  Limited right to free speech  More protection for government employees  Whistle-blowing exception

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-5 Management Rights  Right to run the business and retain profits  Includes right to direct the workforce  Often considered a residual right  Employment-at-Will  Either party free to terminate employment  Exceptions  Public policy expectations  Implied contracts  Lack of good faith and fair dealing

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-6 Employee Rights Challenges A Balancing Act  Random drug testing  Electronic monitoring  Whistle-blowing  Restrictions on office romance

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-7 Employee Rights Challenges  Random drug testing  Random or probable cause testing  Handling false positives  Ensuring security over specimens  Use of alternative tests (e.g. performance)?  Electronic monitoring  Used to fight employee theft  Is seen as invasive  Employees should be aware of devices and how they are used

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-8 Employee Rights Challenges Whistle-blowing Whistle-blowers often subject to retaliation Organization should have internal procedures for reporting misconduct Must have support from top management  Restrictions on office romance  Some organizations have “no dating” policies  Biggest problem in supervisor- subordinate relationships

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-9 Summary and Conclusion  Rights  Employee—statutory, contractual, and other Management—right to run business and earn profits  Rights of both need to be balanced  Case 2: Management rights vs. employee privacy and right to engage in gainful employment  Background checks in California