ch15 - Employment Law Chapter 15 Chapter Issues: Employment...

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Employment Law Chapter 15 Chapter Issues : Employment at will Substance Abuse Worker Safety and Health Workers’ Compensation General Regulation of Labor Markets Major Labor Relations Acts
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Employment-At-Will Employers can hire and fire who they want; employees work-at-will and may quit when they want Statutory Exceptions NLRA, Civil Rights Act, Federal and State Whistleblower laws Whistleblower laws work very poorly Public Policy (Courts) Exceptions : Refusing to violate laws Important public duty (jury duty) Public right (filing for workers’ compensation) “Whistle Blowing” Contractual limits to at-will -Union contracts, Handbooks, Tenured professors.
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Contractual Limits: Employment Handbooks and Manuals May be interpreted as creating express or implied contract that may limit presumption of employment at-will Most specifically state that there is no contract.
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Other Employment Issues Fraudulent Inducement Covenants Not to Compete Letters of Recommendation for Former Employees.
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Substance Abuse In The Workplace Alcohol the worst 13.6% of all adults have experienced alcohol addiction or abuse in their lives 8% of workers are alcoholics 5-10% of adults involved in abuse of illegal drugs or improperly dispensed drugs One in six of workers have substance abuse problem
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Consequences Consequences of of Substance Abuse Substance Abuse Reduced productivity & higher insurance expenses cost employers over $100 billion per year Safety Issues ~ workers under influence of alcohol or other drugs are 3.6 time more likely to be injured or to injure another Insurance Costs are about double for families with an alcoholic Exxon Valdez Case--1989 oil spill off coast of Alaska Billions of dollars in clean-up costs and losses to the environment (and Exxon’s reputation)
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Drug-Free Workplace Act Requires all companies of more than $25,000 worth of business with the federal government to certify they have “drug-free” workplace: Published policy statement Published policy statement Establish drug awareness Establish drug awareness program program Make known availability of Make known availability of program program Require employees to notify Require employees to notify employers of any drug related employers of any drug related convictions convictions
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No universal federal law. State Law Varies on Drug Issues Example: Iowa—Employees May Be Tested IF: Employer has “probable cause” Employee poses safety danger Drug test sent to state approved lab Connecticut & Minnesota allow: Random testing in “safety sensitive jobs”
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Elements of Substance Abuse Policy Pre-employment screening usually OK Safety sensitive jobs Notification Voluntary nature--employee knew of policy After accidents--OK Reasonable suspicion-- document this well in employee file Make policy clear Check with attorney
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This note was uploaded on 09/01/2010 for the course LAW 567 taught by Professor A.moorty during the Spring '10 term at Anna University Chennai - Regional Office, Coimbatore.

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ch15 - Employment Law Chapter 15 Chapter Issues: Employment...

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