Employee relations

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employer rights and responsibilities: -Rights:
*right to structure organizations cost-effectively
*right to determine how to run org.

-responsibilities:
*provide safe working conditions
*pay wages for work done
*reimburse employees for expenses incurred in behalf of employer

-covered by both common law & statutory req.
-in absence of contract common law applies
-disagreements handled through breach of contract or tort
tort: civil action based on duty or obligation that has been breached by one party, causing an injury to the other
common law doctrine: result of legal decisions made by judges in individual cases most common:
*employment-at-will
*constructive discharge
*defamation
employment-at-will: defined by payne v the western atlantic road co.

-allowed employers to change employment conditions and allowed employees to leave at any time with or without notice

eroded by exceptions like:
-public policy exceptions
-good faith and fair dealing
-promissory estoppel
-fraudulent misrepresentation
payne v the western atlantic road co.: either party may terminate the service for any cause, good or bad, or without cause and the other can't complain in law
contract exceptions to employment at will: aborgated by contract, expressed or implied
express contract: written or verbal agreement in which the part states exactly what they agree to do
implied contract: created by an employer's conduct e.g. consistent application of progressive discipline policy implies that won't be terminated without going throgh this process -disclaimer can offset this
statutory exceptions to at-will: at-will may not be used for discriminatory reasons
public policy exceptions to at-will: established by petermann v international brotherhood of teamsters

can't terminate for acting in accordance to public policy

originated in CA and adopted by most states, not all

applied to 4 gen areas; can't terminate for:
1. refusing to break law on behalf of employer
2. whistle-blowing, report illegal acts of employers
3. participate in activities covered by public policy like investigation of employer wrong-doing
4. acting in accordance to legal statute like jury duty or worker's compensation claim
petermann v international brotherhood of teamsters: can't terminate for refusing to commit perjury, it is contrary to public policy
duty of good faith and fair dealing: obligation to act in fair and honest manner to each other to ensure contract benefits varies by state
promissory estoppel: happens when employer entices employee or prospective employeee to take action by promising a reward if action completed, then there must be reward

e.g. promise job to a candidate if resigns position but then change their minds must follow through or pay damages
fraudulent misrepresentation: promises or claims made by employers to entice joining e.g. tell that will expand when they're planning on closing
constructive discharge: when employer makes workplace so hostile and inhospitable that an employee resigns
defamation: communication that damages an individual's reputation, preventing them from obtaining employment or other benefits

-protected by "qualified privilege" if info is job-related, truthful, clear,& unequivocal

-written authorization prior to providing references and limiting info to that requested reduces risk
Legal statutes for employee relations: laws enacted by legislature or pronounced y president
sexual harassment(various)
USERRA
Sexual harassment legal statutes: *parts of title 7
*glass ceiling act
Responsibilities in prevention of sexual harassment:
*meritor savings bank v vinson
*harris v forklift systems
*faragher v city of boca raton
*burlinton industries v ellerth
sexual harassment statutes in title 7: -require the employers create a workplace free of sexual harassment
Forms of sexual harassment: -quid pro quo
-hostile work environment
quid pro quo: "this for that"
when supervisor or manager asks for sexual favors in retorn for favorable employment action
hostile work environment: subjected to unwelcome verbal or physical conduct
-unlike quid pro quo can be created by coworkers, suppliers customers or visitors

-in most cases a single incidence does not qualify

-can be held against them even if employer was unaware
meritor savings bank v vinson: ruled that existence of a grievance procedure and policy against discrimination is not enough to protect an employer from acts of suprvisors
-a policy designed to encourage victims of harassment to come forward would provide greater protection
harris v forklift systems: -when the workplace is permeated w/ discriminatory intimidation, ridicule and insult sufficiently pervasive to alter the condition's of the victim's employment and create an abusive env. title 7 is violated
oncale v sundowner offshore: extended harris v forklift systems beyond women to include sexual harassment of any kind including same sex harassment
faragher v city of boca raton: ruled that employers have responsibility for actions of those they employ and have responsibility to control them

-supervisor need not make explicit threat of tangible employment action in order for harassment to be actionable
burlington industries v ellerth: decided that an employer iis subject to vicarious liability to a victimized employee for an actionable hostile environment by direct or higher authority
vicarious liability in sexual harassment: an employer is accountable for harmful actions of its employees whether or not the employer is aware of actions
EEOC guidelines for sexual harassment prevention: -develop anti-harassment policies and complaint procedures
-should clearly explain unacceptable conduct
-reassure employees that they will br protected against retaliation
-investigations should be prompt, impartialm and if it did occure provide for immediate corrective action
glass ceiling act: -established comission to investigate existence of glass ceiling and barriers
-EEOC conducts glass ceiling audits

glass ceiling barriers:
-societal
-internal structural
-governmental
USERRA: uniformed services employment and reemployment rights act

-protects rights of reservists called to active duty in armed forces

-must grant leave of absence up to 5 years

-must resinstate to position that would have earned if had stayed on the job
-must offer cobra-like health coverage if >30days leave and full if less than that
-rights forfeited if dishonorable discharge
-must report back within time frame
policies, procedures & work rules: *policies
-broad guideline to guide decisions
-e.g. conduct business ethically

*Procedure
-explains how policy is applied
-e.g. should avoid conflict of interest

*work rule
-state what may or may not do to comply w/ policy
-e.g. may not own competing venture
Employee handbooks: -contain legally required policies
-if poorly worded can become a contract against at-will
-can describe terms and conditions of employment
-should include signature acknowledgement
Employee Relations: - concerned with work relationships
-hr must develop programs and measure effects on bottom line
Communicating with employees: *open-door policy
*management by walking around
*dept. staff meetings
*all-hands staff meetings/town hall meetings
*brown-bag lunches
*newsletters
*intranet
*word-of-mouth
*email
open door policy: give employees access to decision-makers
mangement by walking around: provided employees w/ goals, oberve prgoress and listen to concerns and ideas
dept. staff meetings: regularly scheduled meetings in whic suprvisors meet w/ staff to find out what is going on and disseminate info
all-hands staff meeting/town hall meeting: executives update employees on state of the co.
brown bag lunches: small group of employees meet w/ senior mgmgt. informal lunch
Employee involvement strategies: *suggestion boxes
*delegating authority
*task force
*committees
*work team
*virtual work team
*self-directed work team
task force: brought together to research and recommend solutions to a problem
work team: work together to complete assignments
-can be functional(one dept.)or cross-functional
-can be virtual or self-directed
compressed work weeks: allowing to work 4, 10hr days
overtime through flsa still applies fo non-exempt
job sharing: 2 part-time employees share one job
organizational feedback: *employee surveys
*employee focus groups
*skip-level interviews
-employees interviewed by manager's manager

-resuls must be reported to both management and employees
-critical to ensure that they are accurate
indicators of employee relations effectiveness: turnover and absenteeism
disciplinary procedures: -set up fair and equitable process that is applied consistently throughout org.
-5 steps:
*verbal warning
*first written warning
*final written warning
*suspension
*termination
Weingarten rights: *intended for union & extended to nonunion employees
*right to have a coworker present, not a family member or attorney
*employers not required to inform of this right
*employer may choose for employee to voluntarily or involuntarily waive right ; not continue interview, and continue disciplinary action on fact
disciplinary terminations: need termination meeting and provide info to avoid wrongful termination claims
termination meeting: -ensure that dosumentation supports action to be taken
-employee should not be surprise must have been state as a consequence if improvement did not occur
-should inform it and officer
wrongful termination: when eployer terminates someone for a reason prohibited by statute or breaches a contract
dispute resolution: dispute can be resolved internally or with litigation can also use an alternative dispute resolution:
can used peer review panel, ombudsman, arbitration or mediation
arbitration: resolving conflicts without lawsuit
*voluntary
-both agree to submmit to arbitrator decision
*compulsory
-can be a contract requirement or mandated by court
*binding
-agree to accept arbitrator's decision as final
*nonbinding
-may reject decision by filing a lawsuit
types of arbitrators: *ad hoc
-selected to hear a single case
*permanent
-both parties agree is fair and impartial to settle all disagreements
*tripartite arbitration panel
-3 arbitrators
mediation: work wit mediator to devise a solution
-not binding
-if fails may continue to arbitrate
-informal
steps of mediation: *structure
-place and time
*introductions
-mediator explains process and goals
*fact-finding
*options
*negotiating
*writing the agreement

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