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Employee Rights and

Responsibilities

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Employee Rights and Responsibilities

Rights That which belongs to a person by law, nature, or

tradition.

Responsibilities Obligations to perform certain tasks and duties.

Statutory Rights Rights based on specific laws and statutes passed by

federal, state, and local governments.

Equal employment opportunity

Collective bargaining

Workplace safety

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Contractual Rights

Contractual Rights

Rights based on a specific contract between employer and

employee.

Employment Contract

An agreement that formally outlines the details of employment.

Implied Contract

Notion that a contract exists between employer and employeebased on implied promises of employer.

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Provisions in

Employment

Contracts

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Contractual Rights

Non-Compete Agreements Prohibit individuals who quit from competing

with employer in the same line of business for aperiod of time.

Non-piracy

agreements

Non-solicitation

of current

employees

Intellectual

property and

trade secrets

Employment

Contract Clauses

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Contractual Rights

Employment Practices LiabilityInsurance (EPLI)

Covers employers costs for legal fees,

settlements, and judgments associated withemployment-related actions.

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Rights Affecting the Employment

Relationship

Employment-at-Will (EAW)

Wrongful and Constructive

Discharge

Just Cause

Due Process

Distributive and Procedural

Justice

The Employment

Relationship

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Employment-at-Will (EAW)

Employers

Employers have the

right to hire, fire,

demote, or promote

as they choose, unlessthere is a law or

contract to the

contrary.

Employees

Employees have the

right to quit and get

another job under the

same constraints.

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Employment-at-Will (EAW)

Exceptions to EAW

Violation ofPublic Policy

ImpliedContract of

Continuing

Employment

Covenant ofGood-faithand Fair-

dealing

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Employment-at-Will Restrictions

Wrongful Discharge Termination of an individuals employment

for improper or illegal reasons .

Fortune v. National Cash Register

Constructive Discharge

An employer deliberately makes working

conditions intolerable in an attempt to get(to force) an employee to resign or quit.

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Preparing a Defense Against Wrongful Discharge: The

Paper Trail

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Employment-at-Will: Fairness

Just Cause Reasonable justification for taking an

employment-related action.

Due Process The means used to allow individuals to explain

and defend their actions against charges ordiscipline. Distributive Justice

Perceived fairness in the distribution of outcomes.

Procedural Justice Perceived fairness of the process used to make decision

about employees.

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Alternative Dispute Resolution

(ADR)

Arbitration Peer Review Panels Ombuds

Alternative Dispute

Resolution Methods

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Criteria for Evaluating Just Cause and Due

Process

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Employee Record Files

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Employee Rights and Personal

Behavior

Body Appearance

An employer can place

legitimate job-related

limits on an

employees personalat-work appearance

such as tattoos and

body piercings.

Off-Duty Behavior

An employer can

discipline an employee

if the employees off-

the-job behavior putsthe company in legal or

financial jeopardy.

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Workplace Monitoring

Right to Privacy Freedom from unauthorized and unreasonable

intrusion into personal affairs.

Privacy Rights and Employee Records:

Access to personal info held by employer

Response to unfavorable information in records

Correction of erroneous information

Prior notification when information is given to athird party

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Workplace

Monitoring

Tracking Internet Use

Monitoring Employee Performance

Conducting Video Surveillance

Monitoring of E-Mail and Voice Mail

Balancing Employer Security and Employee

Rights

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E-mail and Voice Mail

Electronic Communications Policy Elements

Voice mail, e-mail, and computer files are providedby employer for business use only.

Use of these media for personal reasons is restrictedand subject to employer review.

All computer passwords and codes must beavailable to the employer.

The employer reserves right to monitor or searchany of the media, without notice, for business

purposes.