1 / 13

Wrongful Discharge & Privacy

Wrongful Discharge & Privacy. Retention. Layoffs. Discipline. WARN. Survivors. Lifetime employment. Discharge Process. When an employee files a lawsuit, the employer loses. Merits are not as important as the way wrongful discharge happened. . Employment at Will.

kamran
Download Presentation

Wrongful Discharge & Privacy

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Wrongful Discharge & Privacy

  2. Retention • Layoffs • Discipline • WARN • Survivors • Lifetime employment

  3. Discharge Process • When an employee files a lawsuit, the employer loses. • Merits are not as important as the way wrongful discharge happened.

  4. Employment at Will • An employee can be dismissed for: • A good cause • No cause • A cause morally wrong • U.S. is the only industrialized country not to have comprehensive protection against wrongful discharge.

  5. Employment at Will • Exceptions to employment at will • Statutes Public Policy: 1. Refusing to commit illegal act 2. Whistleblowing 3. Exercising a legal right or performing a legal duty

  6. Employment at Will • Implied contract • Breach of good faith and fair dealing • Constructive discharge • Preventing constructive discharge: • Common-law wrongful discharge • Why not a uniform “just cause” doctrine for determination?

  7. Preventing Wrongful Discharge • Language in a job application • Audit interviewing and performance appraisal procedures • Language in job offer letter and policy manual

  8. Privacy • Privacy Act (1974) • Files – required legally (COBRA, CRA91) • A good policy to keep records (HRIS) • Employees may see files and insert rebuttal information (Washington) • Search and Seizure • Expectation is the issue

  9. Privacy • Electronic surveillance • Polygraph • Prohibited in most cases • Exceptions include: public sector, ongoing investigation

  10. Drug Testing • Public • Drug-free Workplace Act: applies to federal agencies and some industries • Private • Alaska • California • Utah • Rhode Island • Minnesota

  11. References • Defamation is a common basis for suit • Qualified Privilege Doctrine: • Based on court indication that public good is best served by free exchange of information

  12. References • Requirements: • Information given in good faith • Limited to inquiry • Given at proper time and manner • Given to proper parties • True and related to job requirements • Revealed without malice and bad faith

  13. Violence 1. Firm, unambiguous policy 2. Response team 3. Training to recognize potential

More Related