Workplace Privacy: Employee Relations and Legal Implications of Monitoring Employee E-mail Use

The tradeoff between employees’ workplace privacy and employers’ need to protect company assets, safeguard proprietary information, and avoid costly litigation has been receiving increased attention (Lee and Kleiner 2003; Mello 2003; National Workplace Institute 2004). This tradeoff often favors employers, as the legal system provides much leeway for employers to monitor employees’ electronic communications in the workplace. However, employers need to consider the effect such monitoring has on their employees since employee and employer attitudes about monitoring often diverge. In this article, we explore workplace email monitoring from both employee relations and legal perspectives and discuss implications for employee morale. An earlier version of this research was presented at the 2005 Association on Employment Practices and Principles Conference, Baltimore, MD.     

Temporary workers: Employee rights and employer responsibilities

As the number of temporary workers in the U.S. has increased dramatically over the past ten years, so, too, has social policy concent over the rights of temporary employees in the workplace and the responsibilities of employing organizations to them. This article first reviews the extent to which temporary workers can be considered “employees” of organizations and thereby be extended the same rights and protections as permanent, full-time employees. Then, the article reviews the current state of case law on the most salient legal issues pertaining to the treatment of temporary workers: discrimination, pay and fringe benefits, worker’s compensation, occupational safety and health, and union activity. The article concludes with the managerial implications of current labor law for compliance with legislative and judicial mandates.     

Employee benefits: Literature review and emerging issues

Many have noted the lack of human resource management research on employee benefits, which is surprising because employer-sponsored benefits are a primary concern of executives and employees alike. Moreover, of special interest to scholars, benefits provide a unique opportunity to examine fundamental theoretical and empirical questions about employee behavior and contemporary employment relationships. This paper provides a foundation for such research by providing an overview of the context from which U.S. employer-provided benefit programs evolved and the contemporary state of benefits research in human resource management. Propositions related to primary employee benefit research are provided.     

Employee participation and productivity

This paper measures the productivity impact of shop-floor employee involvement. On the basis of a representative German establishment data set, the study finds that the introduction of teamwork and autonomous work groups, and a reduction of hierarchies in 1996/1997 significantly increased average establishment productivity in 1997–2000. The estimation strategy controls for unobserved invariant establishment heterogeneity by using a two-step system GMM panel regression approach. It simultaneously takes account of endogeneity of participative work organization by instrument variable regressions. It is also shown that the productivity effect of shop-floor employee involvement is stronger in establishments with works councils.     

Employee Rights, Employee Responsibilities and Knowledge Sharing in Intelligent Organization

Much is currently being written about the need to encourage employees to share knowledge in order for companies to maintain a role as an intelligent organization in a technologically sophisticated environment. However, there is little written of the relationship between employee rights to satisfactory employment conditions, employee responsibilities in decision-making, and employee willingness to share their knowledge collaboratively. This paper seeks to redress this gap by discussing the importance of the relationship between employee rights and responsibilities and employee willingness to share knowledge. The reaction of a group of employees (academics) employed in an Intelligent Organization (university) to a reduction in their rights and responsibilities is discussed in order to design a framework of employee rights and responsibilities required for knowledge sharing in intelligent organizations.     

Unpacking Commitment: Multiple Loyalties and Employee Behaviour*

abstract We present findings from three UK studies on the nature and consequences of employees’ multiple commitments in the workplace, with samples drawn from private manufacturing, private services and the public sector. Co‐workers, the union, the union representative, customers, and the immediate boss emerge as separate foci of commitment, distinct from ‘global’ commitment to the organization as a whole. Consistent with social exchange theory, attitudinal and behavioural outcomes are predicted by commitment to those foci that might be expected to benefit from the outcome in question. There is evidence that global organizational commitment mediates the relationship between foci‐specific commitments and organization‐related outcomes, but there is no mediation in the case of those foci and outcomes that are more cognitively distant from the organization. A comparison of the studies suggests that the pattern and outcomes of commitment are influenced by the nature of the job and of the work context.     

Towards Employee Wellness: Rethinking Bullying Paradoxes and Masks

“Wellness in organizations” should focus on the well being of individual workers. At a time when the wellness of individuals is increasingly being threatened in our workplaces, I argue that one way wellness can be sought is through careful examination of routine organizational practices. To make this point, I look to the problem of bullying in organizations and, in particular, traditional organizational responses to bullying. The paradoxes of protective legislation and protective workplace policies are explored, before numerous organizational masks that serve to bolster these paradoxes are discussed: the mask of stereotypes; the mask of Alternative Dispute Resolution (ADR); the mask of counseling; and the mask of training. The way towards wellness in organizations lies with the recognition of unintended distortions and limitations on existing legislation, policy and process, and the critical assessment of traditional remedies.

Betwixt and Between: The Dilemma of Employee References

Concerns have arisen over employers' collection and sharing of information about employees, especially employment references. As a result of the dramatic growth in the number of lawsuits brought by employees, many employers have seriously curtailed the information they release concerning current and former employees. However, even the refusal to release information carries a legal risk. Employers who do not obtain information concerning applicants can be liable for negligent hiring, and those who knowingly withhold negative information regarding their former employees may be liable for negligent referral. This paper explores these expanding liabilities and suggests strategies to allow employers to manage the risk of communicating employee references.     

员工绩效管理:领先公司的远见

“如果你把我们的资金、厂房及品牌留下，把我们的人带走，我们的公司会垮掉；相反，如果你拿走我们的资金、厂房及品牌，而留下我们的人，十年内我们将重建一切。”宝洁前任董事长杜普利这句名言已经成为一家伟大公司关于人才重要性的最好的诠释。但是，忽视员工个人价值和绩效管理的公司依然比比皆是，而且，一些公司的高管发现，传统的人力资本管理手段似乎已经应用到极限，到底如何才能通过提高员工绩效来为公司创造最大的商业价值？作为人才资本管理(HCM)方面业界公认的领导者和思想领袖，仁科公司在人才资本管理领域有着15年的市场…     

Employee drug testing: A constitutional perspective

The proliferation of employee drug testing by federal and state governments and by private sector employers acting pursuant to governmental directives has led to a steadily growing number of lawsuits raising constitutional challenges to such testing. Most of these cases have been based on the Fourth Amendment's prohibition of unreasonable searches and seizures. In 1989, the Supreme Court addressed the constitutionality of employee drug tests for the first time in two cases,Skinner v. Railway Labor Executives' Ass'n andNational Treasury Employees Union v. Von Raab. Recognizing that urinalysis drug testing constitutes a search for Fourth Amendment purposes, the Court determined the constitutionality of the drug tests by balancing the governmental interest in the testing against the privacy interest of the employees and, in both cases, upheld the drug testing at issue. TheSkinner andVon Raab decisions provided guidelines for analyzing Fourth Amendment challenges to employee drug testing, and the lower courts are now in the process of applying and refining these guidelines. Constitutional challenges to employee drug testing programs have also been based on the due process clause and the equal protection clause of the Fourteenth Amendment and on the First Amendment's guarantee of freedom of religion. Unlike Fourth Amendment claims, however, these claims have rarely been successful.     

Employee benefits and public policy

The first expression of public policy regarding privately sponsored employee benefit programs occurred in 1921 when Congress authorized tax deductions and tax deferrals for employee stock bonus and profit sharing plans. Today, following numerous additional enactments, there is an annual tax expenditure for employee benefits of some $100 billion. Universal availability of privately sponsored employee benefits is clearly a goal of public policy. That goal has not been attained. It is the thesis of this article that the goal will not be attained by means of tax incentives alone; that an inequity exists between taxpayers who enjoy coverage and those who do not; that there are serious problems with our benefit system even for those who enjoy coverage; and that mandated benefits must be considered as a means of fulfilling public policy.     

Employee rights and capital mobility

In this article I analyze the impact that capital mobility has on employee rights in the workplace by studying the effects of the relocation of General Motor’s Corvette plant from St. Louis to Bowling Green, Kentucky. This relocation not only afforded GM an opportunity to increase its control over its hourly work force, but it also set in motion a process in which the rights’ claims of management and workers were redefined. Through a number of planned and unplanned mechanisms, management invaded spaces created by workers, and, as a result, workers’ ability to pursue their interests was diminished. In the concluding section, I discuss the implications of this for research on employee rights and for combining the concern for rights with labor process theory.     

Employee bonding and turnover efficiency

This study explores how bonding contracts improve employee attraction and retention. These bonds are payment schemes tied to employment duration, such as the vesting of pensions and stock options. This study presents an employee turnover model in which only the worker knows their taste for their current job. This taste gives the current employer monopsonistic power, resulting in deadweight loss from excessive turnover. Bonding contracts serve as a commitment device for future wages and eliminate such deadweight loss, but only when the roles of bondholders and wage setters are separate. Firms that do this are more competitive to new hires. This model offers several empirical findings regarding a variety of common bonding practices.     

Employee development and voluntary turnover: testing the employability paradox

The employability paradox is a concern among employers. It states that development activities enhancing employees' employability also increase the risk for employee turnover. This study examined this paradox and probed the relationship between six development activities and voluntary turnover mediated by perceived employability. We tested both a turnover‐stimulating path via perceived external employability (i.e. perceived job alternatives with other employers) and a retention path via perceived internal employability (i.e. perceived job alternatives with the current employer) by using two‐wave longitudinal data from 588 employees. The results put the turnover risk into perspective: only upward job transition positively influenced turnover via perceived external employability. Also, the retention path via perceived internal employability was not supported: several development activities were positively related with perceived internal employability, but perceived internal employability did not influence turnover. We did, however, find a direct retention effect of skill utilisation. Overall, the results downplay the employability paradox.     

Employee recruitment and job search: Towards a multi-level integration

This study describes an attempt to develop an integrative model of job search and employee recruitment. Inevitably multi-level in nature, the model demonstrates the interplay between organizational-level factors and individual-level factors in influencing the outcomes of employee recruitment and job search activities. According to the model, influenced by job seeker and organizational characteristics, job search and recruitment activities jointly create job awareness, which is the first step in organizational attraction. Next, depending on the job seeker's current job situation, this attraction leads to job pursuit intention and behavior. The model also emphasizes the longitudinal nature of the process by which individuals gain employment. Finally, since each organization's applicant pool consists of job seekers with some common characteristics attracted to the same position, the model proposes that recruitment and job search can be examined by utilizing a multilevel framework.     

The Impact of Employee Share Ownership Plans On Employee Participation and Industrial Democracy

This article examines employee participation in recently-formed employee share ownership plan organisations (ESOPS) in the UK. the various legal/institutional forms of ESOP are outlined prior to considering the nature and determinants of participative institutions and processes. It is suggested that there are three ‘constellations’ of ESOP in terms of employee participation:‘technical ESOPS’, ‘paternalist ESOPs’ and ‘representative ESOPs’. There are relatively few innovations in participation in the first of these, while in paternalist ESOPs, innovations centre on individualistic forms of participation and communication at the level of the workplace. In representative ESOPs employees gain more of a say in strategic decisions through such innovations as employee representation on company boards. It is argued that these differences in the nature of participation are due neither to differences in legal structure nor to variations in the extent of employee share ownership. Instead, participative systems are viewed as the outcome of the philosophies and objectives of those involved in the conversion to employee ownership.     

共享领导与员工创造力:一个被调节的中介模型

本研究结合自我决定理论和工作特征理论,将共享领导和员工创造力引入分析框架中,以心理所有权作为中介变量、任务重要性作为调节变量,构建了一个跨层的有调节的中介模型.通过对13家企业、74个团队的401个样本进行实证研究发现:(1)共享领导与员工创造力显著正相关;(2)心理所有权在共享领导和员工创造力之间发挥中介作用;(3)任务重要性增强共享领导对心理所有权的正向作用,并正向调节共享领导对员工创造力的间接作用.本研究拓展了共享领导的跨层研究,同时通过关注员工个体心理感受,丰富了共享领导对创造力的中介机制及其边界条件研究,并对员工创造力管理实践具有重要的管理启示.     

Employee turnover intentions

Most empirical studies testing models of turnover intentions have relied on samples of specific organizations or occupational groups, raising reservations as to the generalizability of their results for broader and more comprehensive populations. To begin to fill this gap, a nearly national sample of employed urban males was utilized and sub–populations were examined in terms of their turnover intentions. A set of biodemographic, organizational, perceptional and job satisfaction variables were incorporated into a multivariate analysis to determine factors best explaining turnover intent. At a second stage, the overall measure of job satisfaction was substituted by four component factors: intrinsic, extrinsic, hygienic and social, which were obtained by a factor analysis of thirteen job satisfaction items. The results of the bivariate and multivariate analysis strongly suggest that specific case findings are congruent with this study's national level of turnover intent. Older age, longer periods of service, lower occupational level were found to have a negative and significant relationship to a worker's intention to change an employer. Intrinsic and hygienic job satisfaction components were found to lead towards a lower intention to leave.     

Employee Poaching: Why It Can Be Predatory

There is a growing concern over predatory hiring practices that are aimed at eliminating competitors. Using a duopoly model in which firm's profits depend on the quality of the worker–employer match, this paper studies the conditions under which predatory equilibrium exists. I find that predatory hiring can occur when the match between the worker and the new employer is relatively poor, and the old employer has a shallow pool of replacement candidates. Post‐employment lawsuits do not affect the range of predatory equilibrium if the parties take into account expected damages payment. Copyright © 2013 John Wiley & Sons, Ltd.