The Changing Employment Contract

1. The Changing Employment Contract

2. Sources of Employee Rights Employee Rights • Statutory rights • Collective bargaining rights • Enterprise rights

3. Employees are a human resource that must be treated with dignity andrespect Employees are treated as the law requires. Employees are viewed as factors ofproduction to be used, exploited, and manipulated. MoralManagement AmoralManagement ImmoralManagement Models of Management Morality

4. The right not to be fired without just cause(*) The right to due process and fair treatment The right to freedom, particularly freedom ofexpression and freedom of speech The rights to privacy, safety, and health in theworkplace Job-Related Rights (*) see employment at will

5. Employment-at-Will Doctrine Public Policy Exceptions Protects employees from being fired forrefusal to break the law Contractual Actions Protects employees who they believe have contracts or implied contracts Breach of GoodFaith Actions Employers are expected to hold to a standard of fairness and good faith dealings Right Not to be Fired Without Cause

6. Management’s Response to Job Claims • Stay on the right side of the law • Investigate complaints in good faith • Deal in good faith with employees • Fire only for good cause

7. The right of employees to havedecisions that adversely affect themto be reviewed by objective, impartialthird parties. DueProcess The Right to Due Process

8. The Requirements of a Due Process System • It must be a procedure and must follow rules. • It must be visible so that potential violators are aware of it. • It must be predictably effective. • It must be institutionalized. • It must be perceived as equitable. • It must be easy to use. • It must apply to all employees.

9. HearingProcedure Permits employees to be represented by an attorney or neutral party Ombudsman A “troubleshooter” investigates and helps achieve equitable settlements for employee complaints Peer ReviewPanel Fellow workers in the same job family and at a grade level equal to or higher than the employee with a grievance Alternative Dispute Resolution

10. An individual who reports to someoutside party some wrongdoing thathe/she knows or suspects his/heremployer of committing. Whistle-Blower http://www.whistleblowers.org @ Freedom of Speech in the Workplace

11. Whistle-Blowing Key Elements in the Whistle-Blowing Process • The whistle-blower • The complaint • The party to whom the complaint is made • The organization against which the complaint is made

12. Checklist for Whistleblowers • Avoid a conflict of interest. Maintain ethical autonomy. • Make sure premises are sound and facts are correct. • Enlist others who share the same view. • Enlist support of professional societies and regulatory agencies. • Stay focused on issues that merit public trust. • Come forward and be identified as the whistleblower. • Be relentless.

13. Consequences of Whistle-Blowing • More stringent criticism of work • Less desirable work assignments • Pressure to drop charges against the company • Heavier workloads • Loss perquisites • Exclusion from meetings

14. Whistle-Blowing Examples of Government Protection • 1978 Civil Service Reform Act • Michigan Whistle-Blowers Protection Act of 1981 • Sarbanes-Oxley Whistle-Blower Protections • False Claims Act

15. Whistle-Blowing Sarbanes-Oxley Whistle-Blower Protections • Comprehensive coverage for all employees of publicly-traded companies • Comprehensive protection for discrimination or harassment • Any corporate conduct that could threaten shareholder value • Timely responses • The right to a jury trial • Lessened burden of proof on employee • Compensatory damages and judicial fees • Criminal felony penalties for retaliation • Audit committees required to have complaint response procedures

16. Management’s Responsiveness to Whistle-Blowing • Assure employees that the organization will not interfere with their basic political freedoms. • Streamline grievance procedure so that employees can direct complaints and not “blow the whistle.” • Review the organization’s concept of social responsibility so that it is not simply corporate giving to charity. • Formally recognize and communicate respect for individual consciences of employees. • Realize that dealing harshly with whistle-blowers could result in adverse public reaction.

17. Management’s Responsiveness to Whistle-Blowing Responsiveness to Employees • Listen • Delve into why the employee is pursuing the complaint • Look for solutions that will address the interests of both the objector and the company • Attempt to establish an equitable means of judging future actions

18. Five Issues of Employee Privacy • Collection and use of employee information in personnel files • Use of the polygraph, or lie detector,in making employee decisions • Honesty testing • Drug testing • Monitoring employee’s work and conversations by electronic means

19. Collection and Use of Employee Information • Privacy Act of 1974 • USA Patriot Act • Department of Health and Human Services • Americans with Disabilities Act (ADA)

20. Use of the Polygraph • Employee Polygraph Protection Act • Exceptions include security services, and workers in nuclear facilities, radioactive or toxic waste, controlled substances, public water supply, public transportation

21. Use of the Polygraph Proponents Critics • Employers have a right toprotect property • 95% accuracy • Gathers only information the company has a legitimate right to know • Inaccurate diagnoses in 50% of cases • Probes into zones of privacy that are personal and not job related

22. Stem employee theft Reasons for Use Avoid “negligent hiring” suits Screen employees cost-effectively Replace polygraphs Integrity Testing

23. Drug Testing Arguments For Drug Testing • High cost of drug abuse • Increased rate of injuries • Increased rate of theft • Increased propensity to make poor decisions • Ethical responsibility to employees and public to provide: • Safe workplaces • Secure asset protection • Safe places to transact business

24. Drug Testing Arguments Against Drug Testing • Violates due process rights • Invades privacy rights • Ignores employee’s actual performance • Inaccuracy of tests • Negative impact on employee morale • Tests show use, not abuse • High cost • Management, employee, and union opposition

25. Guidelines for Drug Testing • Management should not discipline or fire someone for refusing to take drug test • Use drug tests only when there is legitimate suspicion of abuse • Focus should be on-the-job performance • Employees should be informed of methods used and results • A confirmatory test should be conducted • Conduct in a way to respect employee dignity and privacy

26. Drug Testing State and Federal Legislation • State laws • Restrict drug testing to reasonable suspicion • Federal laws • Americans with Disabilities Act (ADA) • Mandatory testing programs • Federal workers • Transportation workers

27. Employee Assistance Programs Affirmations of EAPs • Employees are valuable members of the organization • It is better to help troubled employees than to discipline or discharge them • Recovered employees are better employees

28. http://www.privacy.org @ Monitoring • Employee monitoring occurs at 82% of mid- to large-sized firms • video cameras • listening devices • Internet connections • telephone calls • e-mail • GPS • camera phones

29. Privacy Issues Effects of Employee Monitoring • Invades privacy • Treats employees unfairly • Creates stress and tension • Produces low morale • Creates a sense of job insecurity

30. Privacy Issues Policy Guidelines on the Issue of Privacy • Obtain informed consent before acquiring information • Disclose the nature of surveillance • Set controls to avoid unauthorized spread of information • Collect and use only job-relevant medical and health data • Require reasonable suspicion before doing drug tests • Respect and preserve the boundary between work and home

31. http://www.osha.gov @ Workplace Safety OSHA’s Strategic Goals • Reduce occupational hazards through direct intervention • Promote a safety and health culture through compliance assistance, cooperative programs, and strong leadership • Maximize OSHA’s effectiveness and efficiency by strengthening its capabilities and infrastructure

32. Update inventories of hazardous chemicals in the workplace. Assemble material safety data sheets. Ensure that hazardous chemicals are properly labeled. Train workers on the use of hazardous chemicals. Prepare a written description of the hazard communication program. Consider any problems with trade secrets from the disclosure requirements. Review state requirements for hazard disclosure. Workplace Safety OSHA’s Hazard Communication Standard

33. Each employee shall comply with standards, rules, regulations, and orders. Employees shall use safety equipment, protective equipment, and other devices/procedures provided. Employees shall have the right to report unsafe and unhealthful working conditions. Employees shall be authorized official time to participate in the activities. Workplace Safety Employee Responsibilities and Rights Under OSHA

34. Workplace Safety Workplace Violence • Workplace violence research • Each workday… • 16,400 threats • 723 workers are attacked • 43,800 workers are harassed • 1,000 homicides at work yearly • Companies respond

35. Workplace Safety Workplace Violence: Who Is Affected? • Workers who… • exchange money with the public • deliver passengers, goods, or services • work alone or in small groups • work late at night or early morning • work in community settings with extensive public contact • work in high-crime areas

36. Workplace Safety Preventing Workplace Violence • Provide safety education • Secure the workplace • Provide drop safes • Equip field staff with cell phones and alarms • Instruct employees not to enter unsafe locations • Develop policies and procedures for home health-care providers

37. Health Issues in the Workplace Components of HIV/AIDS Comprehensive Programs • Workplace policy • Training • Employee education • Family education • Community involvement

38. Health Issues in the Workplace Family-Friendly Workplace • Corporate policies • Federal law • Family and Medical Leave Act

39. Health Issues in the Workplace Family-Friendly Benefits • Dependent care flexible spending accounts • Flextime • Family leave • Telecommuting • Compressed workweeks

40. Health Issues in the Workplace Domestic Partner Benefits • Health Insurance • Life Insurance • Family leave