The document discusses various employee rights and responsibilities in the workplace. It covers statutory rights based on laws, contractual rights based on employment agreements, and implied rights based on promises made by employers. It also discusses employment-at-will, exceptions to at-will employment, wrongful discharge, constructive discharge, and ensuring fairness and due process. Finally, it outlines policies, procedures, rules, discipline processes, and other HR responsibilities regarding employees.

3. Provisions in Employment Contracts

6. Rights Affecting the Employment Relationship Employment-at-Will (EAW) Wrongful and Constructive Discharge Just Cause Due Process Distributive and Procedural Justice The Employment Relationship

7. Employment-at-Will (EAW) Employers Employers have the right to hire, fire, demote, or promote as they choose, unless there is a law or contract to the contrary . Employees Employees have the right to quit and get another job under the same constraints .

8. Employment-at-Will (EAW) Exceptions to EAW Violation of Public Policy Implied Contract of Continuing Employment Covenant of Good-faith and Fair-dealing

10. Preparing a Defense Against Wrongful Discharge: The “Paper Trail”

12. Alternative Dispute Resolution (ADR) Arbitration Peer Review Panels Ombuds Alternative Dispute Resolution Methods

13. Criteria for Evaluating Just Cause and Due Process

14. Employees’ Free Speech Rights Employers’ Restrictions on Employees’ Free Speech Rights Advocacy of Controversial Views Publication of Blogs Engaging in Whistle-Blowing

16. Employee Record Files

17. Employee Rights and Personal Behavior Body Appearance An employer can place legitimate job-related limits on an employee’s personal at-work appearance such as tattoos and body piercings. Off-Duty Behavior An employer can discipline an employee if the employee’s off-the-job behavior puts the company in legal or financial jeopardy.

19. Balancing Employer Security and Employee Rights Workplace Monitoring Tracking Internet Use Monitoring Employee Performance Conducting Video Surveillance Monitoring of E-Mail and Voice Mail

21. Recommended Employer Actions Regarding Electronic Communications

22. Employee Misconduct Sample Sample Sample Sample Sample Sample Sample Illegal Drug Use Falsification of Documents Misuse of Company Funds Disclosure of Organizational Secrets Workplace Violence Employment Harassment Employee Theft Types of Employee Misconduct

23. Reducing Employee Theft and Misconduct Before Hire : Screening Honesty testing, etc. Background checks After Hire : Workplace monitoring Review behavior changes Document!

24. Employer Investigations Employer Investigation of Workplace Conduct Administering Honesty Tests Reviewing Unusual On and Off the Job Behavior Conducting Work-Related Investigations

26. How Substance Abuse Affects Employers Financially

28. HR Policies, Procedures, and Rules Policies General guidelines that focus organizational actions. “ Why we do it” Procedures Customary methods of handling activities “ How we do it” Rules Specific guidelines that regulate and restrict the behavior of individuals. “ The limits on what we do” Employee Rights

29. Typical Division of HR Responsibilities: Policies, Procedures, and Rules

30. Employee Handbooks At-Will Prerogatives Harassment Pay/Overtime Discipline Electronic Communication Benefits Policies in Handbooks

33. Employee Discipline Organizational culture of avoiding discipline Lack of support by higher management Fear of lawsuits Avoidance of time loss Guilt about past behavior Fear of loss of friendship Reasons Why Managers Might Not Use Discipline