HR Basics: Employee Rights

Summary

This video course explores key concepts of employee rights in the workplace, emphasizing the reciprocal relationship between employers and employees. It covers topics like contractual rights, employment at-will, just cause, due process, organizational justice, and alternative dispute resolution. The course also highlights the importance of fairness, clear communication, and dispute resolution methods such as arbitration and mediation. Human resource professionals are guided on balancing employee rights with organizational needs, ensuring a productive and respectful work environment while minimizing risks associated with wrongful discharge and unfair treatment.

Takeaways

• 😀 Employee rights are powers and privileges derived from law and tradition within the employment relationship.
• 😀 Employment is a reciprocal relationship where both employers and employees have rights and responsibilities.
• 😀 HR professionals must create a work environment that honors fairness, protects individual privacy, and treats all workers with dignity and respect.
• 😀 Employee rights are outlined in contracts, which formalize the employment relationship and include key details like compensation, job functions, and termination terms.
• 😀 Employment at-will allows employers to hire, fire, or promote employees without cause, unless restricted by law or contract, with certain exceptions like public policy and implied contracts.
• 😀 Wrongful discharge occurs when an employee is terminated for illegal or improper reasons, and employers can prevent this through clear handbooks, training, and documentation.
• 😀 Just cause ensures fairness in disciplinary actions, requiring that employers provide valid reasons for termination or other employment-related decisions.
• 😀 Due process protects employees from unjust or arbitrary discipline or termination by providing a fair process to explain and defend their actions.
• 😀 Organizational justice involves fairness in decision-making, the distribution of outcomes, and interpersonal treatment, influencing employee engagement and behaviors.
• 😀 Alternative dispute resolution (ADR) methods like arbitration, peer review panels, and mediation are used to resolve disputes without litigation, saving time and maintaining relationships.

Q & A

What are employee rights in the context of human resources?

Employee rights refer to the powers and privileges that employees are entitled to within the employment relationship, derived from law and tradition. These rights are influenced by human resource policies set by employers.

How are employee rights balanced with responsibilities?

Employee rights are offset by responsibilities, which are obligations to perform certain tasks and duties. Both the employer and employee have rights and obligations in a reciprocal relationship that ensures fairness and respect.

What is employment at-will?

Employment at-will is a legal doctrine stating that employers can hire, fire, demote, or promote employees at their discretion, unless there is a contract or law to the contrary. Employees can also quit at any time without notice.

What are the exceptions to employment at-will?

The exceptions to employment at-will include: public policy exceptions (e.g., wrongful termination for reporting illegal activities), implied contract exceptions (e.g., promises of continued employment), and the good faith and fair dealing exception (e.g., acting reasonably in employment actions).

What is 'just cause' in employment decisions?

Just cause refers to having a reasonable justification for employment-related actions, such as disciplinary measures or termination. It is often required in union contracts but may not apply in at-will employment situations.

How does due process relate to employee rights?

Due process ensures fairness by protecting employees from unjust or arbitrary discipline or termination. It involves giving employees an opportunity to explain and defend their actions during investigations of alleged misconduct.

What is organizational justice, and how does it affect employees?

Organizational justice is about the perceived fairness of decisions and resource allocations in an organization. Employees' perceptions of fairness impact their engagement, behavior, and attitudes towards the workplace.

What is alternative dispute resolution (ADR), and why is it important?

ADR is a process for settling disputes without litigation, using methods like arbitration, peer review panels, and mediation. ADR helps reduce the cost, time, and potential damage to employer-employee relationships caused by lawsuits.

How do arbitration and mediation differ in dispute resolution?

Arbitration involves a neutral third party making a binding decision, while mediation uses a facilitator to help both parties find a mutually agreeable solution. Arbitration is typically more formal, while mediation encourages communication and settlement.

What role does workplace investigation play in managing employee rights?

Workplace investigations are crucial for determining the facts of an issue or incident. They are not meant to prove or disprove allegations, but to uncover the truth, ensuring fair treatment and appropriate decision-making in managing employee rights.