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Chapter 6 JDJ

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17 views12 pages

Chapter 6 JDJ

Uploaded by

Janerke
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Moral Rights

in the
Workplace
CHAPTER 6
Employee Rights: Legal,
Contractual, Moral
Legal rights: granted to employees based on legislation or judicial
rulings.

Contractual rights: those that employees are entitled to based on


agreements with employers.

Moral Rights: Stem from inherent human dignity, independent of


legal or contractual factors; often termed human rights.
Interpreting Right to Work:
◦ Freedom from mandatory union membership.

'Right to Right to a Job:


Work': ◦ Instrumental value: Right to any job with a living wage.
◦ Human fulfillment: Right to enriching work.
3 Distinct
Meanings Right to Due Process:
◦ Right to keep employment.
Employment at Will, and Legislative
and Judicial Exemptions
Employment at will means that employees are free to quit their job at any time for any reason and
employers are free to terminate an employee at any time and for any reason, for no reason, and for
reason morally wrong. This doctrine makes the concept of employee rights meaningless.

Employment at Will: Initially applied to private sector, noncontractual employees.

Union Protections: Union employees, safeguarded by union contracts and federal/state laws, are
exempt from at-will employment.

Civil Rights Protection: Laws prevent firing based on race and sex, ensuring workplace equality.

Legal Safeguards: Laws such as the Wagner Act, OSH Act, and ADA prohibit firing due to union
support, health/safety complaints, or disability.
Whistleblower Protection: Federal and state laws shield employees
who report illegal or unethical actions by their employer.
Employment Public Policy Exemption: Courts recognize protection against
at Will, and dismissal that violates significant public policies.
Legislative Implied Contract Exemption: Some courts provide protections
and Judicial inferred from employer documents like handbooks and job
descriptions.
Exemptions Implied Covenant of Good Faith: Courts offer broader protection
against employment practices that violate a "good faith" condition.
Due Process and
Just Cause
Workplace Due Process: Protects employees from arbitrary
managerial decisions.
Establishing Procedures: Ensures fairness by defining steps
employers must follow in dismissals.
Procedural Components: Include warnings, documentation,
performance standards, probation periods, appeals process,
opportunity to respond, and proportionate punishment.
Criteria Establishment: Due process specifies just cause
conditions or procedural safeguards for termination.
Counterarguments to Due Process
Rights
Due process limits freedom in work conditions.
◦ Inequality justifies more employer limits.

Employee freedom to quit equals employer freedom to fire.

Due process restricts business owners' property rights.


◦ No ownership over employees.

Fear of dismissal motivates workers for efficiency.


◦ Job security enhances productivity.
◦ Due process doesn't guarantee job to all workers.
◦ Efficiency may override rights in some cases.
In Defense of Participative
Decision-Making
Participatory management fosters employee self-respect.
◦ Encourages and honors employee participation.

Employee involvement reduces alienation and burnout risks.


◦ Less mental and physical harm.

Counters political apathy by encouraging individual


participation.
◦ Creates supportive social institutions.
Opposing Employee Decision-
Making Rights

Business owner has property Employees lack expertise for Employee decision-making may
rights, including management. competent business management. lead to inefficiency.
The Economic Model for a Healthy
and Safe Workplace
Employees choose risk-wage balance by bargaining.
◦ High safety demands may mean lower wages.

Disadvantages:

Labor markets lack perfect competition.


◦ Limited choices, especially in risky jobs.

Lack of perfect information hinders bargaining.


◦ Unawareness of risks affects wage negotiation.
Privacy in the Workplace

01 02 03 04
Reserve intrusive Ensure voluntary Require job- Don't use personal
methods as last consent with prior relevant info without
resort. notification. information from consent.
• Use less intrusive techniques. • No selling or
techniques first. unauthorized use.

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