Podcast
Questions and Answers
According to the 'Employers Should Have Monitoring Policy for Social Networks' article, what is the main reason for employers to have a monitoring policy for social networks?
What is the significance of the Taft-Hartley Act in relation to unions and employers?
Drug testing for illegal drug use is considered a medical examination under the ADA.
False
In the Bates v. Dura Automotive Systems case, the plaintiffs were protected under ADA laws due to their documented disability.
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What are the consequences for an employer who violates the WARN Act?
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Many employers feel it is not in the best interest of the organization to ______, so they will engage in strategies to prevent unionization.
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Under what circumstances are employees not protected by the WARN Act?
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Interest based bargaining occurs when mutual interests are discussed, rather than starting with a list of ______.
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What should be considered before implementing technology to monitor employees' job aspects?
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According to the article 'You’re Fired Doesn’t Mean Fired to Four of 10 Air Traffic Controllers,' what is the significance of the case discussed?
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Study Notes
Employee Rights
- Employee rights refer to the ability to receive fair treatment from employers, encompassing job protection, privacy, and unionization.
- The employment-at-will principle allows employers to fire employees and employees to leave at any time, without a specific cause.
- There are three main exceptions to this principle:
- Public policy exception: prohibits firing an employee for refusing to violate state or federal law.
- Implied contract exception: recognizes an implied contract between the employer and employee.
- Good faith and fair dealing exception: requires employers to act in good faith when dealing with employees.
Job Protection Rights
- Job protection rights ensure employees are not fired unfairly.
- Wrongful termination occurs when an employer fires an employee for illegal reasons, such as violating antidiscrimination laws or breaching employee agreements.
- Whistleblowers are protected from discharge due to their reporting of illegal or unethical activity.
- Constructive discharge refers to poor working conditions that force an employee to leave.
- The Worker Adjustment and Retraining Notification Act (WARN) requires companies to notify employees and the community of large-scale layoffs.
Privacy Rights
- Employee privacy is a significant issue in HR, particularly regarding monitoring employee activities.
- Organizations should develop policies on monitoring employee email, computer usage, and social media postings.
- The US Patriot Act requires organizations to provide private employee information when requested.
- Employees may have the right to access their personnel files and correct any incorrect information.
- Medical or disability information should be kept separate from the employee's work file, as per the Americans with Disabilities Act (ADA) and the Health Insurance Portability and Accountability Act (HIPAA).
Unionization
- A union is a group of workers who decide to work together to negotiate with employers.
- The Wagner Act of 1935 addressed unfair labor practices and protected employees' rights to form unions.
- Labor unions have been a part of the US workplace landscape since the late 1920s.
- Labor contracts often guide the process for layoffs and discipline.
Handling Performance Issues
- Performance issues can be categorized into single incidents, behavior patterns, and persistent patterns.
- The progressive discipline process involves counseling, written reprimand, suspension, and termination.
- The University of Iowa's progressive discipline process involves counseling, written reprimand, suspension, and termination, with documentation and communication at each stage.
Severance Packages
- Severance packages are designed to assist employees during their transition out of the organization.
- Considerations for developing a severance package include:
- How the severance will be paid
- Which situations will qualify for a severance
- A formula for calculating the severance
- Legal documents, such as noncompete agreements
- How accrued vacation and sick leave will be paid### Breach of Implied Contract
- An implied contract can be established if the employer indicates job security to the employee, even if it's not formally written.
- Evidence of implied contract can include statements made during orientation, language in employee handbooks, and progress reports showing professional development.
- Example: Wright v. Honda, where the employee proved that the company's emphasis on attendance and quality work, along with language in the associate handbook, implied job security.
Good Faith and Fair Dealing Exception
- This exception to the employment-at-will doctrine argues that the employee was not treated fairly.
- Examples of unfair treatment include firing or transferring employees to prevent them from collecting commissions, misleading employees about promotions and pay increases, and taking extreme actions that would force the employee to quit.
- This exception is less common than the others.
Drug Testing and the ADA
- The ADA does not view testing for illegal drug use as a medical examination, making it legal.
- People using illegal drugs are not protected under the ADA.
- People covered under ADA laws are allowed to take medications directly related to their disability.
- Example: Bates v. Dura Automotive Systems, where the court ruled that the plaintiffs were not protected under ADA laws because they did not have a documented disability.
Drug Testing in the Workplace
- In organizations where heavy machinery is operated, a monthly drug test may be a job requirement.
- The Omnibus Transportation Employee Testing Act of 1991 requires employers to test for drugs in transportation-related businesses.
- Medical marijuana is a relatively new issue still being addressed in states that allow its use.
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