Balancing Employee Rights and Management Rights

1. Chapter 14 Respecting Employee Rights 14-1

2. Chapter 14 Objectives • Understand the origins and scope of employee rights and management rights. • Explain why the HR department must balance management’s rights and employees’ rights when designing employment policies. • Describe the employment-at-will doctrine. 14-2

3. Employee Rights Types of employee rights: • Statutory right—protected by law • Protection from discrimination • Safe working conditions • Right to union representation • Contractual rights—based on a contract • Employment or Union contract • Due process • Implied Contract 14-3

4. Other Rights • Right to ethical treatment • Psychological Contract • Limited right to privacy • Implicit in U.S. Constitution • Privacy Act of 1974 • Limited right to free speech • More protection for government employees • Whistle-blowing exception 14-4

5. Management Rights Management Rights • Right to run the business and retain profits • Includes right to direct the workforce • Often considered a residual right • Employment-at-Will • Either party free to terminate employment • Exceptions • Public policy expectations • Implied contracts • Lack of good faith and fair dealing 14-5

6. Employee Rights Challenges A Balancing Act • Random drug testing • Electronic monitoring • Whistle-blowing • Restrictions on office romance 14-6

7. Employee Rights Challenges • Random drug testing • Random or probable cause testing • Handling false positives • Ensuring security over specimens • Use of alternative tests (e.g. performance)? • Electronic monitoring • Used to fight employee theft • Is seen as invasive • Employees should be aware of devices and how they are used 14-7

8. Employee Rights Challenges • Whistle-blowing • Whistle-blowers often subject to retaliation • Organization should have internal procedures for reporting misconduct • Must have support from top management • Restrictions on office romance • Some organizations have “no dating” policies • Biggest problem in supervisor-subordinate relationships 14-8

9. Summary and Conclusion • Rights • Employee—statutory, contractual, and other Management—right to run business and earn profits • Rights of both need to be balanced • Case 2: Management rights vs. employee privacy and right to engage in gainful employment • Background checks in California 14-9