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57 Cards in this Set
- Front
- Back
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employer rights and responsibilities
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-Rights:
*right to structure organizations cost-effectively *right to determine how to run org. -responsibilities: *provide safe working conditions *pay wages for work done *reimburse employees for expenses incurred in behalf of employer -covered by both common law & statutory req. -in absence of contract common law applies -disagreements handled through breach of contract or tort |
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tort
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civil action based on duty or obligation that has been breached by one party, causing an injury to the other
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common law doctrine
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result of legal decisions made by judges in individual cases most common:
*employment-at-will *constructive discharge *defamation |
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employment-at-will
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defined by payne v the western atlantic road co.
-allowed employers to change employment conditions and allowed employees to leave at any time with or without notice eroded by exceptions like: -public policy exceptions -good faith and fair dealing -promissory estoppel -fraudulent misrepresentation |
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payne v the western atlantic road co.
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either party may terminate the service for any cause, good or bad, or without cause and the other can't complain in law
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contract exceptions to employment at will
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aborgated by contract, expressed or implied
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express contract
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written or verbal agreement in which the part states exactly what they agree to do
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implied contract
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created by an employer's conduct e.g. consistent application of progressive discipline policy implies that won't be terminated without going throgh this process -disclaimer can offset this
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statutory exceptions to at-will
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at-will may not be used for discriminatory reasons
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public policy exceptions to at-will
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established by petermann v international brotherhood of teamsters
can't terminate for acting in accordance to public policy originated in CA and adopted by most states, not all applied to 4 gen areas; can't terminate for: 1. refusing to break law on behalf of employer 2. whistle-blowing, report illegal acts of employers 3. participate in activities covered by public policy like investigation of employer wrong-doing 4. acting in accordance to legal statute like jury duty or worker's compensation claim |
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petermann v international brotherhood of teamsters
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can't terminate for refusing to commit perjury, it is contrary to public policy
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duty of good faith and fair dealing
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obligation to act in fair and honest manner to each other to ensure contract benefits varies by state
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promissory estoppel
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happens when employer entices employee or prospective employeee to take action by promising a reward if action completed, then there must be reward
e.g. promise job to a candidate if resigns position but then change their minds must follow through or pay damages |
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fraudulent misrepresentation
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promises or claims made by employers to entice joining e.g. tell that will expand when they're planning on closing
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constructive discharge
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when employer makes workplace so hostile and inhospitable that an employee resigns
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defamation
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communication that damages an individual's reputation, preventing them from obtaining employment or other benefits
-protected by "qualified privilege" if info is job-related, truthful, clear,& unequivocal -written authorization prior to providing references and limiting info to that requested reduces risk |
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Legal statutes for employee relations
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laws enacted by legislature or pronounced y president
sexual harassment(various) USERRA |
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Sexual harassment legal statutes
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*parts of title 7
*glass ceiling act Responsibilities in prevention of sexual harassment: *meritor savings bank v vinson *harris v forklift systems *faragher v city of boca raton *burlinton industries v ellerth |
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sexual harassment statutes in title 7
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-require the employers create a workplace free of sexual harassment
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Forms of sexual harassment
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-quid pro quo
-hostile work environment |
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quid pro quo
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"this for that"
when supervisor or manager asks for sexual favors in retorn for favorable employment action |
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hostile work environment
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subjected to unwelcome verbal or physical conduct
-unlike quid pro quo can be created by coworkers, suppliers customers or visitors -in most cases a single incidence does not qualify -can be held against them even if employer was unaware |
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meritor savings bank v vinson
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ruled that existence of a grievance procedure and policy against discrimination is not enough to protect an employer from acts of suprvisors
-a policy designed to encourage victims of harassment to come forward would provide greater protection |
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harris v forklift systems
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-when the workplace is permeated w/ discriminatory intimidation, ridicule and insult sufficiently pervasive to alter the condition's of the victim's employment and create an abusive env. title 7 is violated
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oncale v sundowner offshore
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extended harris v forklift systems beyond women to include sexual harassment of any kind including same sex harassment
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faragher v city of boca raton
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ruled that employers have responsibility for actions of those they employ and have responsibility to control them
-supervisor need not make explicit threat of tangible employment action in order for harassment to be actionable |
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burlington industries v ellerth
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decided that an employer iis subject to vicarious liability to a victimized employee for an actionable hostile environment by direct or higher authority
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vicarious liability in sexual harassment
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an employer is accountable for harmful actions of its employees whether or not the employer is aware of actions
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EEOC guidelines for sexual harassment prevention
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-develop anti-harassment policies and complaint procedures
-should clearly explain unacceptable conduct -reassure employees that they will br protected against retaliation -investigations should be prompt, impartialm and if it did occure provide for immediate corrective action |
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glass ceiling act
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-established comission to investigate existence of glass ceiling and barriers
-EEOC conducts glass ceiling audits glass ceiling barriers: -societal -internal structural -governmental |
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USERRA
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uniformed services employment and reemployment rights act
-protects rights of reservists called to active duty in armed forces -must grant leave of absence up to 5 years -must resinstate to position that would have earned if had stayed on the job -must offer cobra-like health coverage if >30days leave and full if less than that -rights forfeited if dishonorable discharge -must report back within time frame |
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policies, procedures & work rules
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*policies
-broad guideline to guide decisions -e.g. conduct business ethically *Procedure -explains how policy is applied -e.g. should avoid conflict of interest *work rule -state what may or may not do to comply w/ policy -e.g. may not own competing venture |
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Employee handbooks
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-contain legally required policies
-if poorly worded can become a contract against at-will -can describe terms and conditions of employment -should include signature acknowledgement |
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Employee Relations
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- concerned with work relationships
-hr must develop programs and measure effects on bottom line |
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Communicating with employees
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*open-door policy
*management by walking around *dept. staff meetings *all-hands staff meetings/town hall meetings *brown-bag lunches *newsletters *intranet *word-of-mouth |
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open door policy
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give employees access to decision-makers
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mangement by walking around
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provided employees w/ goals, oberve prgoress and listen to concerns and ideas
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dept. staff meetings
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regularly scheduled meetings in whic suprvisors meet w/ staff to find out what is going on and disseminate info
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all-hands staff meeting/town hall meeting
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executives update employees on state of the co.
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brown bag lunches
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small group of employees meet w/ senior mgmgt. informal lunch
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Employee involvement strategies
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*suggestion boxes
*delegating authority *task force *committees *work team *virtual work team *self-directed work team |
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task force
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brought together to research and recommend solutions to a problem
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work team
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work together to complete assignments
-can be functional(one dept.)or cross-functional -can be virtual or self-directed |
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compressed work weeks
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allowing to work 4, 10hr days
overtime through flsa still applies fo non-exempt |
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job sharing
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2 part-time employees share one job
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organizational feedback
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*employee surveys
*employee focus groups *skip-level interviews -employees interviewed by manager's manager -resuls must be reported to both management and employees -critical to ensure that they are accurate |
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indicators of employee relations effectiveness
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turnover and absenteeism
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disciplinary procedures
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-set up fair and equitable process that is applied consistently throughout org.
-5 steps: *verbal warning *first written warning *final written warning *suspension *termination |
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Weingarten rights
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*intended for union & extended to nonunion employees
*right to have a coworker present, not a family member or attorney *employers not required to inform of this right *employer may choose for employee to voluntarily or involuntarily waive right ; not continue interview, and continue disciplinary action on fact |
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disciplinary terminations
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need termination meeting and provide info to avoid wrongful termination claims
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termination meeting
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-ensure that dosumentation supports action to be taken
-employee should not be surprise must have been state as a consequence if improvement did not occur -should inform it and officer |
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wrongful termination
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when eployer terminates someone for a reason prohibited by statute or breaches a contract
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dispute resolution
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dispute can be resolved internally or with litigation can also use an alternative dispute resolution:
can used peer review panel, ombudsman, arbitration or mediation |
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arbitration
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resolving conflicts without lawsuit
*voluntary -both agree to submmit to arbitrator decision *compulsory -can be a contract requirement or mandated by court *binding -agree to accept arbitrator's decision as final *nonbinding -may reject decision by filing a lawsuit |
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types of arbitrators
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*ad hoc
-selected to hear a single case *permanent -both parties agree is fair and impartial to settle all disagreements *tripartite arbitration panel -3 arbitrators |
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mediation
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work wit mediator to devise a solution
-not binding -if fails may continue to arbitrate -informal |
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steps of mediation
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*structure
-place and time *introductions -mediator explains process and goals *fact-finding *options *negotiating *writing the agreement |
