On-duty and Off-duty: Employee Right to Privacy and Employer’s Right to Control in the Private Sector

The changing legal landscape of the right of the employer to control and monitor employee behavior is examined. Two distinct areas are defined: behavioral monitoring and behavioral restrictions. Relevant statutory laws and the developing common law are discussed. We also examine potential employee reactions to such policies by evaluating the reactions of graduate students to six employer policies including weight restrictions, grooming requirements, use of GPS locators, drug testing, ban on off-duty smoking, and email and internet monitoring. Students responded to these policies by determining the reasonable interest of the employer in the behaviors being monitored or controlled and the manner in which policies were implemented. Their comments suggest that employees may accept some level of monitoring or behavioral restrictions if the employer can make a convincing social account of the need for a policy. Additionally, the policy must be clearly communicated and properly implemented. However, restrictions on off-duty behavior were typically poorly received with the exception of illegal drug use.     

Employee Moral Rights: Recognizing Their Implicit Financial Investments in the Firm

The literature on employee (moral) rights has been limited to workplace human rights. This essay focuses on Employee Moral Rights defined as the moral claims individuals are entitled to due to their role as employees. Noting they make significant (although implicit) financial investments in the firm they work for, this essay argues dedicated employees should be treated as financial investors, which implies dedicated employees have the moral right to (1) be treated as every other financial investor; (2) share in the firm’s profits; (3) timely, accurate, and sufficient disclosure of significant information; (4) protection from senior managers’ abusive self-dealing; and (5) mechanisms to protect their financial investment including fair severance payments and effective pension protection.

Managing Workplace Gambling—Some Cautions and Recommendations

Workplace gambling is rapidly becoming a new American addiction. It is difficult to detect, since it may show no distinguishing characteristics until it is well advanced. Most gamblers never become a problem to employers, but those who do may inflict serious damage in the form of theft, creative bookkeeping, embezzlement, low productivity and workplace disruption. Few laws, specifically control gambling, but several laws written to address other issues, may apply to gambling also. Some of these laws are in the process of being reinterpreted, and broader interpretations may include pathological gamblers. In addition to its legal aspects there are important and costly economic issues associated with workplace gambling. Well trained, observant supervisors can detect and aid workplace gamblers, saving both employer and employee time, money and anguish.     

Wrongful firing in violation of public policy: Who gets fired and why

We extend the whistle-blowing literature to the context of wrongful firings that violate a public policy. Our results suggest that the incidence of wrongful firings varies, depending on the employee’s gender and tenure, and the industry in which the organization operates. Wrongful firings do not occur more frequently in certain occupations, since firms wrongfully discharge professional and managerial employees as often as employees in technical, clerical, and laborer occupations. We also show that gender, tenure, occupation, and industry, in combination, can distinguish between three types of wrongful firings in violation of public policy. Our results support the application of theory and empirical research on whistle-blowing to the wrongful firing context, aiding researchers interested in developing explanations of wrongful firings in violation of public policy. For managers, our study points to the need to develop more effective responses to employees exercising legal rights, refusing to participate in illegal or unethical activities, and performing a public duty or obligation, such as whistle-blowing.     

Challenges to employment at will: A survey of the natural gas transmission industry

The natural gas transmission industry, once paternalistic towards its employees, is feeling the effects of challenges to the doctrine of employment at will, and is responding with policies that will increase managerial prerogatives. This article approaches the issue from the points of view both of law and of economics, and includes a survey of pipeline managers who must develop viable work rules in an environment of increasing expectations of employee rights and tightening market competition.     

Violence in the Workplace—A Review with Recommendations

Workplace violence is a serious, growing and costly problem for American business and industry. In spite of the scope of the problem managers have been slow to respond, in fact appear to be in a state of denial. Profiles of both perpetuators and victims of workplace violence have been developed, but these profiles are so inclusive as to include almost everyone. Many causes have been recognized, most of which are related to stress. The courts offer only limited assistance; in fact, some laws limit tests and measures that might help identify violent employment candidates and employees. There are recommended courses of action intended to prevent workplace violence but little assurance that they can prevent it. Most of these approaches address the root causes of violence by focusing on stress.     

Towards an assertion perspective for empowerment: Blending employee rights and labor process theories

Employee Rights Theory (ERT) and Labor Process Theory (LPT) are two major bodies of knowledge in contemporary social science committed to empowering employees in the workplace. Despite their seemingly common goals, the two have emerged almost independently of each other. The current article compares and contrasts these perspectives and suggests that empowerment can be better understood and fostered by drawing on ERT and LPT simultaneously. Specifically, a synergistic view suggests that empowerment occurs when individuals are willing and able to assert their interests and rights in a given situation. This assertion perspective to empowerment emphasizes the interaction of micro- and macro-level processes, a combination of conflict and cooperative strategies, use of the rights rhetoric to incite action, and the role of emotions in stimulating and/or preventing change.     

Ethical implications of Human Resource Information Systems

As a result of the proliferation of Human Resource Information Systems among organizations, employee data are being used in nontraditional ways. Although these uses increase efficiency, they can conflict with the rights and interests of employees, external stakeholders, and society at large. Yet the ethical concerns associated with automated data bases larely have been ignored. This paper examines these issues within the context of three ethical theories. Implications and suggestions for managers are discussed.     

Selection in the Workplace: Whose Rights Prevail?

The selection process involves a very difficult balancing act for employers who have to weigh the rights and concerns of applicants, current employees, the organization itself, and society as a whole. Each of these perspectives brings with it its own set of concerns and issues that need to be considered in the broader hiring arena. Applicants assert the right to be treated fairly while being evaluated for a position; current employees assert the right to productive coworkers who will not harm them on the job, organizations assert the right to hire qualified employees while remaining cognizant of the legal issues that surround the hiring process; and society as a whole asserts the right to a process that benefits the greater good. But, with each of these groups pursuing these rights, an important question arises as to whose rights prevail when there is a conflict. This paper, through the use of a true scenario, explores the difficult balancing act between rights and concerns of applicants, current employees, organizations, and society as a whole and discusses whose rights should take priority when they conflict.     

The family and medical leave act of 1993: Employee rights and responsibilities,employer rights and responsibilities

The Family and Medical Leave Act (FMLA) was signed into law on February 5, 1993 after approximately eight years of controversial discussion in Congress. The FMLA provides up to 12 weeks of unpaid leave for eligible employees for the birth or placement for adoption or foster care of a child, to care for a child, spouse, or parent with a serious health condition, or for the employee’s own serious health condition. The Act is intended to help individuals balance their home obligations with their work obligations. This article highlights both employee rights and responsibilities afforded by the FMLA and employer rights and responsibilities under the Act.