Chapter 15 Flashcards
contractual rights can be spelled out how?
in an employment contract or be implied as a result of employer actions or promises
employment at will gives employers what right?
the right to hire and terminate employees with or without notice or cause and gives employees the right to quit with or without notice
wrongful discharge occurs when what?
when an employer improperly or illegally terminates an individual’s employment
constructive discharge is what?
the process of making conditions intolerable to get an employee to “voluntarily” quit a job
just cause and due process are what?
steps taken to protect employees from unfair employment-related actions
organizational justice is based on assessment of what 3 elements?
- procedural
- distributive
- interactional justice
alternative dispute resolution can be used to do what and what are the 5 approaches?
- can be used to address employee complaints or disputes
1. arbitration
2. peer review
3. panels
4. ombuds
5. medication
rights?
powers, privileges, or interests derived from law, nature, or tradition
statutory rights?
rights based on specific laws or statutes passed by federal, state, or local governments
responsibilities?
obiligations to perform certain tasks and duties
contractual rights?
rights based on a specific contract between an employer and an employee
emplyment contreact?
formal agreements that outlines the details of employment
an emplyment agreement should address all particulrs of the employment relationship. what 5 things are they?
- base \pay and icnentive compensation
- basic and supllementary benefits and prerequisties
- key job functions and performance criteria
- contract term
- terms and conditions for temrinating employment
noncompete agreements?
- agreements that prohibit individuals who leave an prganization from working with an employer in the same line of business for a specified period of time
nonpiracy agreements?
bar former employees from soliciting business from former customers and clients for a specified period of time
clauses requiring nonsoliciation of current employees can be incorporated into what?
the employment agreement
implied contract
an unwritten agreement created by the actions of the parties involved
employment at will (EAW)
a common law doctrine states that employers have the right to hire, fire, demote, or promote whomever they choose, unless there is a law or a contract to the contrary, and employees may quit at any time with or without notice
wrongful discharge
termination of an individual’s employment for reasons that are illegal or improper
constructive discharge
process of deliberately making conditions intolerable to get an employee to quit
just cause?
reasonable justification for taking employment related action. meaning any disciplinary action must be based on facts
due process?
occurs when an employer is determining if there has been employee wrongdoing and uses a fair process to given an employee a chance to explain and defend his or her actions
organizational justice?
the fairness of decisions and resource allocations in an organization
procedural justice?
perceived fairness of the processes used to make decisions about employees
distributive justice?
perceived fairness in the distribution of outcomes
interactional justice?
the extent to which a person affected by an employment decision feels treated with dignity and respect
open-door policy
a policy that allows workers with a complaint to talk with someone in management
arbitration
process that uses a nuetral third party to make a binding decision, thereby eliminating the need to involve the court
ombuds
individuals outside the normal chain of command who act as independent problem solvers for both management and employees
what are alternative dispute resolution methods?
methods such as arbitration peer review panels, ombuds and mediation
right to privacy?
an individual’s freedom from unauthorized and unreasonable intrusion into personal affairs
privacy act of 1974 was enacted to do what?
protect individual privacy rights in the united states
whistle blowers?
individuals who report real or perceived wrongs committed by their coworkers or empoyers
bring your own device?
the practice of employees using their own mobile devices such as smart phones and digital tablets in teh workplace. meaning using their devices for work
what is the USA patriot Act?
expanded legislation to allow government investigators to engage in broader monitoring of individuals and workplaces to protect national security
what is the fair and accurate credit trasactions (FACT) act
employers can hire outside investigators without first notifying the individuals under investigation or getting their permission
policies?
general guidelines that help focus organizational actions
procedures
customary methods of handling activities
rules?
specific guidelines that regulate and restrict individual’s behavior
Employee handbook?
a physical or electronic manual that explains a company’s essential policies, procedures, and employee benefits
pulse surveys?
frequent, short questionaires used to solicit anonymous employee feedback
discipline?
a process of corrective action used to enforce organizational rules
what are the two most common approaches to discipline?
positive discipline and prgressive desicipline?
what is positive discipline appraoch and what are the 4 steps to positive discipline?
- approach that builds on the philosophy that violations are actions that usually can be corrected constructively without penalty, try to encourage employees and desirable behaviors
1. counseling
2. written documentation
3. final warning
4. discharge
what is the progressive disciplin approach?
incorparates steps that become progressively more severe and are designed to change the employee;s innapropriate behavior through punishing
termination?
when an employee is removed from an organization
separation agreement?
agreement in which a terminated employee agrees not to sue the employer in exchange for specified benefits
