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44 Cards in this Set
- Front
- Back
Exceptions to EAW
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Public Policy
Implied Contract Implied covenant of good faith and fair dealing |
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Public Policy exception to EAW
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EEs can not be fired for fulfilling legal obligations or for exercising their legal rights.
ex. serving on jury duty, filing for worker's comp, refusing to commit perjury, whistleblowing |
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Implied contract exception to EAW
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exists when an agreement is implied from circumstances even though no express agreement b/t ER and EE
ex. Company requirement to use progressive discipline in terminations could mean EE can't be terminated at will. |
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Implied covenant of good faith and fair dealing exception to EAW
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contracts impose this duty on each party as an obligation for honest in the conduct of the transaction
ex. firing an EE shortly before he b/c eligible for retirement |
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To protect against EAW lawsuit
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avoid representing job as permenant
list in job apps, employment offers and handbooks that jobs are EAW require signed acknowledgement from EEs that handbook is not contract and employment is EAW document perf appraisals, warning, disciplinary actions, etc establish conflict-resolution process follow org's disciplinary process |
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Common law tort claims
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Negligent hiring/retention
defamation Fradulent misrepresentation Promissory estoppel Duty of Loyalty Invasion of privacy |
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Negligent hiring/retention
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EE harms others and ER knew that EE posed risk
ERs have duty to protect EEs |
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To state a claim of hiring/retention negligence, what must be shown?
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ER/EE relationship existed
EE was incompetent/ inappropriate for position ER knew about this EE's act caused injuries With investigation, ER could have discovered relevant info and prevented incident |
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Defamation
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injuring someone's reputation in the community by making false/malicious statement
to prove defamation, EE must show that false statement caused harm and ER made statement with malice |
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To prove defamation, must show:
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a false, malicious statement (spoken or written) was made to another person
harm to the person's reputation was caused by the statement the statement was made with no legitimate associated business reason |
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Fradulent misrepresentation
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relates to promises or claims made by ERs to entice candidates to join company
ex. ER decides to close location in 6 mths but hires EE and tells them plant will be expanded |
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Promissory estoppel
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ER entices EE to take action by promising a reward.
ex. ER promises job to candidate who resigns other position to accept new one and then finds offered position w/drawn |
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Fradulent misrepresentation vs. Promissory estoppel
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difference is reward is offered in Promissory estoppel
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EE's duty of loyalty
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common law imposes on EEs a duty to be loyal to ER
Requires that EEs not engage in: degrading ER's reputation, products divert business opps of ER induce EEs to leave ER Induce customers to terminate relationship with ER Disclose confidential info |
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Invasion of Privacy
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Strike balance b/t ind right to privacy and other important public interests
includes: unreasonable intrusion upon seclusion of another appropriation of another's name/likeness unreasonable publicity given to another's private life publication that unreasonably places another in false light b/t public |
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Contract issues under common law
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Express oral contract
Unfair competition and noncompete agreement Inevitable disclosure EE's duty of loyalty and confidentiality |
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Express oral contract
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contract does not have to be in writing to be enforceable
when ER /EE exchange a promise related to employment |
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Unfair competition and noncompete agreement
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To be enforceable, ER must have agreement with EE that gives the EE something of value and agreement must be narrowly tailored to protect ER's interest
can't restrict EE from earning a living |
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When drafting an noncompete, use language that:
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limits geographical area to which agreement applies
limits duration of time agreement is in effect details scope of activity covered |
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Inevitable disclosure
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EE with knowledge of former ER's secrets will inevitably disclose to new ER
theory that EE can't block proprietary info when EE performs similar work ex. Pepsi/Gatorade EE ex |
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EE's duty of loyalty and confidentiality
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EE not to engage in conduct that would be adverse to ER's best interest
ex. competing with ER while still employed soliciting coworkers while still employed failing to disclose conflicts of interest to ER |
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General rules for EE participation committee
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Members must not represent other EEs
Committee deliberations must avoid "traditional area of bargaining" (comp, benefits, rewards) committees legal if actually make decision and don't have to negotiate with mgmt if union exists, mgmt must meet and confer with union over design of committees |
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Taylor's concept of scientific mgmt
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designing jobs to get most work done in least amount of time
accomplished by: division of labor - jobs reduced to smallest parts standardization - through study, most efficient way to do job determined and instituted specialization - as people repeat same task, b/c more proficient |
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Downfalls of Taylor's concept of scientific mgmt
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decreased communication b/t depts
EEs understand only small piece of puzzle boredom low sense of achievement low EE morale |
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Mayo's Hawthorne studies
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discovery that ind beh altered when workers are involved and mgmt show interest in their work
heralded beginning of human relations movement, study of industrial sociology advocated job design as way to direct work groups toward goals of org |
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Core characteristics of Mayo's job design
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every job is a combination of tasks, duties, responsibilities
task = piece of assigned work activity duty = composed of number of tasks and is a larger segment of work performed by one person job responsibilities = obligations to perform certain tasks/duties |
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Mayo's job design - EEs more motivated if job design accounts for following core characteristics:
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skill variety = job requires variety of different activiteis
task identity = job requires a "whole" identifiable unit of work (ex. sew pair of pants rather than a button) task significance = job has substantial impact on others autonomy = ind freedom/ discretion feedback |
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Mayo's job design - Core job characteristics lead to:
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meaningfulness = linked to skill variety, task identity and task significance
responsibility = autonomy knowledge of results = linked to feedback |
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Job Redesign strategies
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Job enlargement = broadening scope of job by expanding number of different tasks to be performed (adding more similar tasks) - ex. admin doesn't just distribute mail but opens it and route to appropriate person
Job rotation = shifts people to different jobs (AKA horizontal integration) job enrichment = increase depth by adding responsibility for planning, organizing, controlling, evaluating (AKA vertical integration) - ex. admin asked to read and answer correspondence |
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Different kinds of teams used to improve employment involvement
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committees
project teams self-directed teams task forces work team |
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Definition of team
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set of 2 + people equally accountable for accomplishment of a purpose/ specific perf goal
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committees
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group of people and resources who come together for accomplishment of specific org obj
ongoing but members can change cross-functional |
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project teams
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group of people who come together for specific project
members disband once done cross-functional |
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self-directed teams
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team that works in "self-managing way"
given autonomy in specific area of work team sets critieria for all decisions |
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task forces
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temporarily allocates personnel and resources for accomplishment of specific obj
have mission to tackle long-term strategic issue |
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To minimize risk of violating NLRA
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do not establish committees in response to union organizing activity
do not allow EEs to select representatives do not define member roles as representing other EE do not negotiate with committee about terms/ conditions of employment rotate membership |
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work team
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group of EEs responsible for given end product
ongoing charter to continually improve work processes over which they have direct responsibility/ownership participation is permenant part of daily work |
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Types of work teams
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functional work team = EE from particular funciton pool resources to serve various client groups
cross-functional work team = EEs from different functions and may have overall responsibility for particular customer, business, process |
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Results analysis common errors
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rush to conclusion
graphical misrepresentation = errors made in visually representing data statistical analysis errors = ensure all statistical test performed correctly analysis paralysis manipulated results |
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Difference b/t policies, procedures and work rules
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policies = broad statement that reflects org's philosophy
ex. ER provides tuition reimbursement Procedures = detailed, step by step descriptions of customary methods of handling activities ex. to be reimbursed, must fill out this specific form work rules = reflect mgmt decisions regarding specific actions to be taken or avoided in a given situation ex. EE seeking reimbursement must be enrolled in accredited institution |
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ADR options
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Open-door policy
Ombudsperson Peer review Mediation Arbitration |
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Ombudsperson - ADR option
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designates neutral third pary to confidentially investigate EE complaints and help bring them b/t mgmt.
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Peer Review - ADR option
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Establishes panel of EEs trained to work together to hear /resolve EE complaints
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Mediation vs. Arbitration
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Mediation = uses neutral third person trained in mediation to help both sides assess strengths/weaknesses of their positions
process negotiates mutally acceptable settlement but is nonbinding arbitration = submits disputes to 1 + impartial person for final determination - includes: pre-dispute, final and binding pre-dispute, nonbinding post-dispute, final and binding post-dispute, nonbinding |