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29 Cards in this Set

  • Front
  • Back
Employee rights
Guarantees of fair treatment that become rights whe they are granted to employees ggby the courts, legislatures, or employers
Negligence
The failure to provide reasonable care when such failure results in injury to consumers or other employees
psychological contract
expectation of a fair exchange of employment obligations between an employee and employer
employment at wil principle
the right of an employer to fire an employee without giveing a reason and the right of an eemplouyee to quiot when he or she chooses
wronguful discharge
a discharge, or termination of an employee that is illegal
Violation of public policy
an exception occcurs when an emplouyee is terminated for regusing to commit a crime; for reporting criminal activity to government authorities; for disclosing illegal, unethical, or unsafe practices of the employer, ; or for exercising employment rights
Implied contract
this exception occurs whe employees are discharged despite the employer's promice (expressed or implied) of job security or contrary to established termination procesures. An employer's oral or written statements may constitute a contractual obligation if they are communicated to employees and employees rely on them as conditions of employment
Implied covenant
This exception occurs when an employer has acted with a lack of good faith and fair dealing. For example, an employer would be doing so if it were to terminate a saleperson simply to avoid having to pay him or her a commission. By inflicting harm without justification, the employer violated the implied covenant betwee the two parties.
whistle-blowing
complaints to governmental agencies by employees about their employers illegal or immoral acts or practices
explicit contracts
contracts that are formal written (signed) agreements that grant to employees and employers agreed-upon employment benefits and privileges.
nondiscosure of information agreement
this provision forbids employees from revealing proprietary information outside the company, either during or following their employment. Courts widely enforce these agreements
Intellectual property agreement
This provision grants to an employer the ownership of an idea, invention or process, or work of authorship developed by the employee during the time of employment. Such an agreement expressly states that the employer retains all rights, titles, and interests in ideas that are subject to patent laws and developed during the employee's period of hire
Noncompete agreement
this provision prevents ex-employees from either becoming a competitor or working for a competitor for a designated period of time. They are designed to proect confidential information, customer relations, and other valuable assets. However, they are often challenged in courts.
Nonpiracy agreements
These agreements prohibit ex-employees from soliciting clients or customers of former employers for a specific period of time and from disclosing or making use of confidental employer inforation. Courts have been more will to uphold them than noncompete agreements.
constructive discharge
an employee's voluntary termination of his or her employment because of harsh, unreasonable employment conditionis placed on the individual by the employer
Workers Adjustment Retraining and Notification Act (WARN)
requires organization with more than 100 employees to give employees and their communities sixty days notice of any closure or layoff affecting fifty or more full time emplooyees
impairment testing
also called fitness for duty or performance based testing, it measures whether an employee is alert enough to work
Discipline
a tool, used to correct and mold the practices of employees to help them perform better so tehy conform to acceptable standards
progressive discipline
the application of corrective measures by increasing degrees
positive, or nonpunitive, discipline
a system of discipline that focuses on early correction of employee misconduct, with the employee taking total responsibility for correcting the problem
due process
procedures that constitute fair treament, such as allowing an employee to tell his or her story about an alleged infraction and defend against it
alternative dispute resolution (ADR)
a term applied to different employee complaint or dispute resolution methods that do not involve going to court
step review system
a system for reviwing employee complaints and disputes by successively higher levels of management
peer review system
a system for reviewing employee complaints that utilizes a group composed of equal numbers of employee representatives and management appointees. The group weights evidence, considers arguments, and, after deliberation, votes to render a final decision
open door policy
a policy of settling griveance that identifies various levels of management above the immediate supervisor for employee contact
ombudsman
a designated indivdual from whom employees may seek counsel for resolution of their complaints
mediation
the use of an impartial neutral to reach a compromise decision in employment disputes
mediator
a thir party in an employment dispute who meets with one party and then the other in order to suggest compromise solutions or to recommend concessions from each side that will lead to an agreement
Ethics
a set of standards of conduct and moral judgments that help to determine right and wrong behavior