Employee Rights & Discipline Study Note

Employee Rights & Discipline Study Note - H ADM...

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H ADM 2211 QUIZ 3 STUDY NOTE EMPLOYEE RIGHTS AND PRIVACY Over many years, employees have acquired many employment guarantees in areas such as discrimination, safety and health, and wage and hour protection. Currently, “employee rights” are a central focus for supervisors and managers. These rights will improve the jobs of employees in areas such as search and surveillance, drug testing, genetic testing, and freedom from discipline for off-duty misconduct. As employee rights continue to develop, employers will be required to assume greater responsibilities to employees to provide a safe and efficient workplace while providing safe and quality goods and services to consumers. Employee Rights vs. Employer Responsibilities While employees might believe they have various employment rights, such as freedom from drug testing or e-mail privacy, employers have a responsibility to provide a safe workplace to employees while offering quality goods and services to consumers. When employee rights and employer responsibilities clash, conflict can arise. Negligent Hiring In the HR field, “negligence” is the failure of the employer to use a reasonable amount of care where such failure results in injury to another person. Employers are legally responsible for the conduct of their employees. This legal requirement mandates that employers exercise reasonable care in supervising employees and preventing employees from harming other employees during work. A negligence hiring lawsuit can occur when an employee is injured at work by another employee and the individual sues his/her employer claiming the employer should have used more reasonable care in the hiring of its employees. Job Protection Rights Employment protection rights involve the considerations regarding the security of one’s job. Employees believe that the job should be the property right of the employee and that employees should not be deprived of their jobs without due process. The job as a property right does not guarantee employees a lifelong job. It does, however, require the employer to act fairly toward employees. With various employment rights concerns, employees may come to believe that these rights are employment guarantees. This is not the case, however, since there is no legal protection affording employees a permanent or continuous job. As noted in the RCT (352-359) there is a growing body of laws and court rulings that protect certain employment rights issues, but this body of regulations still does not guarantee permanent employment. Employment at Will One of the current important issues in HRM is the challenge to the employment-at-will doctrine. Make sure that you understand this principle and its effect on supervisors and employment in discharge cases. The “employment-at-will principle” essentially states that employers can terminate the employment of an employee for any reason and the employee, likewise, can quit at any time. Therefore, each side assumes some risk in the employment relationship. This doctrine further assumes that
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Employee Rights & Discipline Study Note - H ADM...

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