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Rights and Responsibilities Issues

Rights and Responsibilities Issues Generally, rights do not exist in the abstract Instead they exist only when someone is successful in demanding their application. Rights belong to a person by law, nature, or tradition. Of course, defining a right presents considerable potential for disagreement For example, does ail employee have a right to privacy of communication in personal matters…

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Statutory Rights

Statutory Rights Employees’ statutory rights are the result of specific laws or statutes passed by federal, state, or local governments. Various federal, state, and local laws have granted·employees rights at work. such as equal employment opportunity, collective bargaining, and workplace safety. These laws and their interpretations also have’ been the subjects of a considerable ‘number of court cases. Contractual…

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Typical Employment Contract Provisions

TYpical Employment Contract Provisions Depending upon the organization and individuals involved, employment agreements may contain a number of different provisions including the key ones-highlighted next Under common law em.eloyers have lega(tights to protect their intellectual property and trade secrets from leaving with employees. In fact, a 1996 federal law made the theft of trade secrets a federal crime punishable by…

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Implied Contracts

Implied Contracts The idea that a contract (even an implied or-unwritten one) exists between individuals and their employers affects the employment relationship. The rights and responsibilities of the employee may be. spelled out in a job description, in an employment contract, in HR policies or a handbook, but often are not. The rights and responsibilities of the employee…

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Employment Practices Liability Insurance (EPLI)

Employment Practices Liability Insurance (EPLI) Workplace litigation has reached epidemic proportion as employees who feel that their rights have been violated sue their employers. Contracts alone do not guarantee an employer will not be sued and lose. On one side, advocates for expanding employee rights warn that management policies abridging free speech, privacy, or due process will lead to…

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Rights Affecting the Employment Relationship

Rights Affecting the Employment Relationship Several other legal concepts often influence the employment 0 relationship: employment-at-will, due process, dismissal for just cause, and dispute resolution, Employment-at- Will Employment-at-will (EAW) is a common law doctrine stating that employers have the right to hire, fire, demote, or promote whomever they choose, unless there is -a law or contract to the contrary. Conversely,…

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Just Cause

Just Cause What constitutes a “good reason” or just cause for disciplinary actions such as dismissal can usually be found in union contracts, but not in at-will situations. Even though definitions of just cause vary, Just cause is about fairness. To be viewed by others as being just, any disciplinary action must be based on facts in each…

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Due Process

Due Process Due process, like just cause, is also about fairness.I I Due process addresses the fairness of means used to determine employee wrongdoing and/or disciplinary measures, and includes the opportunity for individuals to explain and defend their actions. Figure 16-4 shows some factors to be considered when evaluating whether an individual received due process. How HR managers and…

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Peer Review Panels

Peer Review Panels Some employers allow employees to appeal disciplinary actions to an internal committee of employees. A peer review panel composed of employees hears appeals from disciplined employees and makes recommendations or decisions. Peer review panels provide review by a jury of peers at work. Panel members, a specially trained group of volunteers, sign confidentiality agreements, after which the…

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Balancing Employer Security Concerns and Employee Rights

Balancing Employer Security Concerns and Employee Rights  An individual’s right to privacy is defined in legal terms as the freedom ·from unauthorized and unreasonable intrusion into their personal affairs. Although the right to privacy is not specifically identified in the U,S. Constitution, a number of past Supreme Court cases have established that such a right must be considered. Also,…

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