Employee-initiated defamation lawsuits: Organizational responses and dilemmas

The fast-growing category of defamation lawsuits in the United States involves actions by employees against their employers. Over the last decade, the courts have increasingly ruled in favor of the employee plaintiffs, thus creating an employee's right to reputation. This article identifies a variety of responses undertaken by organizations to reduce their legal liability and lessen the likelihood of employee defamation lawsuits. We argue that while organizational actions to reduce their legal liability may appear rational, such responses may also be creating situations in which employers, employees, and the public may be the unintended victims of a law without justice. The article concludes with a discussion of balancing the freedom necessary for managers to communicate about employees and the fairness of that communication.     

Law without justice: The dilemmas of formalization and fairness in the legalistic organization

There is growing evidence of a litigation mentality rampant in organizations, which has created a legalistic mindset in many managers. Increasingly, managerial decisions are becoming dominated by a concern for what is legally defensible at the expense of broader social considerations such as justice and fairness. The papers in this special issue explore how this legalistic mindset has created new organizational and social dilemmas, and situations of law whithout justice.     

A numerical representation of semiorders on a countable set

Let be a semiorder on a countable setX and letx⁰ y if and only if either there existsx withxxy or there existsx withxxy. Then ⁰ is a preference relation with transitive indifference, which can be represented by a utility functionf of the usual sort. It is well known that is represented by a pair of real-valued functionsu, v, in the sense thatxy if and only ifu(x)>v(y). We prove that there exists a pair of functionsu, v, representing , such thatu+v is the utility function which represents in the usual sense. Moreover it is easily seen that, for such a pair of functionsu, v, we havex⁰ y if and only if eitheru(x)>u(y) or (u(x)=u(y) andv(x)>v(y)).

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Sommario Consideriamo unsemiordine su un insiemeX numerabile e poniamox⁰ y se e solo se esistex tale chexxy, oppure esistex tale chexxy. In questo caso ⁰ è unordine debole, che può essere rappresentato da una funzione di utilitàf nel senso usuale. D'altra parte è rappresentato da una coppia di funzioniu, v, nel senso chexy se e solo seu(x)>v(y). In questo lavoro si prova che ammette una rappresentazioneu, v tale chex⁰ y se e solo seu(x)+v(x)>u(y)+v(y). Si dimostra altresì che, con riguardo ad una siffatta rappresentazioneu, v di , riescex⁰ y se e solo seu(x)>u(y) oppure (u(x)=u(y) ed anchev(x)>v(y)).

     

Hypocrisy pay

Emotional labor—putting on an act asrequired explicitly orimplicitly in work situations-is very often psychologically, emotionally, and mentally damaging to most employees. As for soldiers in wartime who receive combat pay, it is suggested that such employees be specially compensated for their emotional labor with hypocrisy pay. Another solution is to select only those who are immune to such stress for jobs involving emotional labor—an ideal that probably cannot be achieved in all cases. Another assessment is that such special compensation is unwarranted.     

The Dangers of Misclassifying “Employees”: Microsoft Litigation Emphasizes Distinctions Between Employees and Nontraditional Workers

In the past decade, businesses, for reasons such as greater flexibility and lower total costs, have increased their use of nontraditional workers such as independent contractors and temporary agency employees. The Internal Revenue Service's crackdown on misclassifying employees slowed this growth. Additionally, recent lawsuits by nontraditional workers against employers such as Microsoft Corporation have resulted in some client employers being forced to pay more benefits to nontraditional employees because of employment misclassification and coemployment rulings. Such rulings might reduce or even eliminate the use of some types of nontraditional employees. This paper analyzes the vast array of types of workers that have evolved into the nontraditional work force and the difficulty of defining employee with respect to entitlement to employer benefits. Possible recommendations for employers include auditing present use of nontraditional workers, accurately classifying employees, and taking proper actions to minimize problems in the future.     

The “Devil Theory” One More Time

Organized labor membership as a percentage of the labor force has been doing poorly during recent decades. Many managers still do not appreciate that union fortunes are closely related to workers' perceptions of their overall well-being. The Devil Theory of unions, i.e., they are punishment for employer insensitivity or worse, contains at least a grain of truth. Perceived job insecurity, unfairness and ill treatment generally—stimulated by new AFL-CIO leadership committed to active organizing—could well reverse a decades-long trend in union membership losses.     

Una classe di funzioni monotone generalizzate

Si considera la classe delle funzioni realiF(x,y) definite inS×S, conSR ^N , che soddisfano per ognix,yS la condizione di monotoniaF(x,y)+F(y,x)0. Indebolendo la precedente disuguaglianza si introducono classi di funzioni monotone generalizzate e, supponendo soddisfatta una opportuna condizione di omogeneità, si caratterizzano tali funzioni in base alla struttura del segno delle funzioni _{x, v} (t, s) = F(x + tv, x + sv), x S, v R ^N \{0}. Infine dopo aver definite le funzioni F-differenziabili, si introducono classi di funzioni conversse generalizzate, rispetto ad F, e si studiano i collegamenti tra queste classi e la monotonia generalizzata diF.

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Summary We consider the class of real valued functionF(x,y) defined inS×S, withSR ^N , satisfying x,yS the monotone conditionF(x,y)+F(y,x)0. Weakening the previous inequality we introduce the class of quasi-monotone, pseudo-monotone and strictly pseudo-monotone functions. Under a suitable assumption of homogeneity we characterize the generalized monotone functions studying the sign structure of the functions _{x, v} (t, s) = F(x + tv, x + sv), x S, v R ^N \{0}.Finally by means of the notion ofF-differentiability we introduce new classes of generalized convex functions (with respect toF) and we study the relationship between these classes and the generalized monotonicity ofF.

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Questa ricerca è stata parzialmente finanziata dal Ministero per l'Università e la Ricerca Scientifica.     

Vergleich des verallgemeinerten nichtzentralent-Tests mit dem Binomialtest

Zusammenfassung Es sei {F _,(x); –<<, >0} mitF _,(x)=F((x–)/)–F(x) eine standardisierte Verteilungsfunktion — die Familie der zulässigen Verteilungsfunktionen. Der (früher eingeführte) verallgemeinerte nichtzentralet-Test für die Hypothese {PP ₀} mitP:=F _,(x ₀) gegen die Alternative {P>P ₀} zum Niveau wird mit dem entsprechenden nichtparametrischen Test (Test für die Hypothese {pP ₀} über den Parameterp einer Binomialverteilung gegen die Alternative {p>P ₀}) verglichen. Für dent-Test wird die relative asymptotische Effizienz bestimmt.Beide Tests lassen sich als Tests für das zur WahrscheinlichkeitP ₀ gehörende Quantil einer Verteilungsfunktion interpretieren. Der klassische zentrale Student-Test ergibt sich als Spezialfall (F(x)=(x),P ₀=0,5).

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Summary Let {F _,(x);–<<, >0} withF _,(x ₀):=F((x–)/–F(x) a standarized distribution function — the family of admissible distribution functions. The (earlier introduced) generalized noncentralt-test for the hypothesis {PP ₀} withP:=F _,(x ₀) against the alternative {P>P ₀} at level of significance is compared with the corresponding nonparametric test (Binomial test). The relative asymptotic efficiency of thet-test is determined. Both kinds of tests can be interpreted as quantiltests. In caseF(x)=(x),P ₀=0,5 one gets the classical central Student-test.

     

Maximal asymptotic power and efficiency of two-sample tests based on generalized U-Statistics

In this article a systematic study is given of the asymptotic behavior of two-sample tests based on U-Statistics with arbitrary antisymmetric kernels . Besides the investigation under the hypothesis and under fixed alternatives we determine the local power as a function of as well as its maximizing value _opt. Moreover formulas for the asymptotic relative efficiency ARE(₂,₁) of the ₂-test with respect to the ₁-test are derived. It turns out that _opt also yields the most efficient test in the sense that ARE(_opt,)1 for all (admissible) kernels .     

RAM: A Range Adjusted Measure of Inefficiency for Use with Additive Models,and Relations to Other Models and Measures in DEA

Generalized Efficiency Measures (GEMS) for use in DEA are developed and analyzed in a context of differing models where they might be employed. The additive model of DEA is accorded a central role and developed in association with a new measure of efficiency referred to as RAM (Range Adjusted Measure). The need for separately treating input oriented and output oriented approaches to efficient measurement is eliminated because additive models effect their evaluations by maximizing distance from the efficient frontier (in ₁, or weighted ₁, measure) and thereby simultaneously maximize outputs and minimize inputs. Contacts with other models and approaches are maintained with theorems and accompanying proofs to ensure the validity of the thus identified relations. New criteria are supplied, both managerial and mathematical, for evaluating proposed measures. The concept of approximating models is used to further extend these possibilities. The focus of the paper is on the physical aspects of performance involved in technical and mix inefficiencies. However, an Appendix shows how overall, allocative and technical inefficiencies may be incorporated in additive models.     

Some brief notes on the “unfinished business” of qualitative inquiry

The paper argues that there are a variety of implicit issues in qualitative inquiry that need to be addressed if the area is to develop in some normal science sense. This unfinished business is concerned with a deeper investigation of basic terms that are now simply taken for granted, such as theme and pattern. It also includes the need to develop rules which will assist in making and justifying how qualitative interpretations are made from the implicit processes of inference. Specific suggestions are made for accomplishing these issues.     

Work Values and Preferences for Employee Involvement in the Management of Organizations

This study has 3 objectives: to develop a scale to measure preferences for involvement in management (PIM), to examine if PIM are related to work values (altruism, pride in craftsmanship, collectivism, and individualism), and to examine if PIM are affected by a bundle of work values. Data are taken from 749 participants to develop a psychometrically appealing scale for measuring PIM. Using the universalistic perspective, we predict a positive relationship between PIM and altruism, pride in craftsmanship, and collectivism, and a negative relationship between PIM and individualism. Using the synergistic perspective, we hypothesized that PIM are likely to be positively affected by a bundle of work values. Our results support the universalistic perspective because PIM are positively related to altruism, pride in craftsmanship, and collectivism, and negatively related to individualism. Our results did not support the synergistic perspective. In the final section of the paper, we outlined the implications of our results for organizational practice and public policy.     

Effect of outliers on the estimation of parameters

Summary The estimation of parameter in the type of distributionf(x)=b x ^{–1 /b} exp (–x ^b (/b),x>0, is considered, when several outliers of the type , ,r=1,2, ...,k, are present in the data. The estimates of as well as of 's are put in the closed form. Special cases, Weibull, Gamma and Exponential are considered for the case of single outlier. Actual estimates are calculated from the generated samples of size 2 and 3 for the Weibull and Exponential.     

A curtailed test for the shape parameter of the Weibull distribution

Summary A procedure is proposed in this paper for testing the shape parameter, of the Weibull distribution. The test statistic which is based on the extremal quotient, possesses a monotone property which makes it possible for rejection earlier than the last planned observation of the null hypothesis,H ₀: =₀ when the alternative hypothesis isH _a: <₀ and early acceptance ofH ₀ whenH _a: >₀. The test being scale-free, does not require the scale parameter to be known.     

Über eine Variante der empirischen Verteilungsfunktion

Summary If ₁, ₂,..., _n and ₁, ₂,..., _–1 are two ordered samples from a population with continuous distribution functionF(x), then the points ( _r ,r/n),r=1, 2,..., n–1 provide a better approximation ofF(x) than the points ( _r ,r/n),r=1, 2,..., n, in the following sense:A maximal upper deviation and a maximal lower deviation of more theny have — contrary to the points ( _r ,r/n) — equal probability for anyy0, if we deal with the points ( _r ,r/n). This probability is at least for ally in the interval , 1 less than the probability for a maximal upper deviation of more thany in the case of the points ( _r ,r/n). This is shown by a comparison of the Smirnow-Birnbaum-Tingey — formula with an analogous formula for the maximal one-sided deviations of the points( _r ,r/n).     

Una nuova caratterizzatione dell'ammissibilità nella teoria delle decisioni

In questo lavoro viene fornita una nuova caratterizzazione dell'ammissibilità attraverso un adeguato uso della nozione di ammissibilità parziale. Questa caratterizzazione consente di affrontare le questioni riguardanti la completezza della classe delle decisioni ammissibiliti sotto condizioni «maneggevoli». Fornisce inoltre un approccio unificante al problema della completezza che consente di derivare, come casi particolari, alcuni risultati già noti nella letteratura sull'argomento.

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In this paper a new characterization of admissibility is given for general decision problems. It is based on an adequate use of the notion of partial admissibility.A general decision problem is usually synthetized by a triplet (, , ) where is the states (or parameters) space, the set of available decisions and is a family of real valued functions defined on and expressing numerically the consequences of choosing when the state is . The set is regarded as a subset of the space of all real valued functions on endowed with the topology of pointwise convergence.As for as admissibility is concerned all the pertinent information about decisions are contained in the corresponding functionsW .This allows to introduce a notion of partial admissibility through the neigh-bourhoods of this topology. Admissibile decisions are then shown to be limits of monotone non increasing sequences of partially admissible decisions.Moreover this topological characterization allows to prove the completeness of classes of admissible decisions under acceptable systems of conditions which contain as special cases, known results in literature.

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Lavoro svolto nell'ambito del Gruppo Nazionale per l'Analisi Funzionale e le sue Applicazioni del C.N.R.     

Sexual harassment in organizations

Sexual harassment is now recognized as a potential problem for most organizations. The purpose of this paper is to provide an introduction to the various aspects of sexual harassment as a problem: its definition (including both the economic injury and hostile environment types of harassment), its characteristics, and a discussion of how to deal with such problems in the workplace. Organizations are encouraged to act affirmatively by (1) establishing a policy prohibiting sexual harassment in the organization; (2) establishing and making employees aware of a grievance procedure for sexual harassment complaints; and (3) educating employees about the problem of sexual harassment through a combination of awareness and experiential training techniques.     

Two-dimensional Bernstein polynomial density estimators

A Bernstein polynomial estimator for f_nN(x, y) for an unknown probability density functionf(x, y) concentrated on the triangle ={(x, y): 0x, y<1,x+y<1} or on the square =(x, y):0 x, y 1 is developed. As a measure of quality the exact order of magnitude for the pointwise mean squared error is established. It is seen that the quality of these Bernstein polynomial estimators is comparable with the quality of the so-called kernel estimators. Further for such estimators uniform weak consistency results and central limit theorems are developed.     

Estimation of a regression coefficient after two preliminary tests of significance

Summary The estimation of the regression coefficient of a population, defined byE (y)= +x, incorporating two preliminary tests of significance has been discussed. The experimenter has two random samples of different sizes from two such populations, as defined above, with regression coefficients ₁ and ₂ respectively, where ₂ may possibly be equal to ₁. Besides this, it is also conjectured that the common conditional variance ² of the two populations has a specified value ₀ ² . The two preliminary tests are used to resolve these two uncertainties.The author has rejoined Lucknow University, Lucknow India on Oct. 4, 1976 after availing leave for two years.     

A two-stage stratified Warner’s randomized response model using optimal allocation

This paper applies Kim and Wardes (2004) stratified Warners randomized response model to Mangat and Singhs (1990) two-stage randomized response model. The proposed stratified randomized response model has an optimal allocation and a large gain in precision. Hence, the estimator based on the proposed method is more efficient than Kim and Wardes (2004) and Mangat and Singhs (1990) estimators under the conditions presented in both the case of completely truthful reporting and that of not completely truthful reporting by the respondents.