Transcript Wrongful Discharge & Privacy

Wrongful Discharge & Privacy
Retention
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Discipline
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Layoffs
• WARN
• Survivors
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Lifetime employment
Discharge Process
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When an employee files a lawsuit, the
employer loses.
Merits are not as important as the way
wrongful discharge happened.
Employment at Will
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An employee can be dismissed for:
• A good cause
• No cause
• A cause morally wrong
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U.S. is the only industrialized country
not to have comprehensive protection
against wrongful discharge.
Employment at Will
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Exceptions to employment at will
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Statutes
Public Policy:
1. Refusing to commit illegal act
2. Whistleblowing
3. Exercising a legal right or performing a
legal duty
Employment at Will
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Implied contract
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Breach of good faith and fair dealing
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Constructive discharge
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Preventing constructive discharge:
• Common-law wrongful discharge
• Why not a uniform “just cause” doctrine for
determination?
Preventing Wrongful Discharge
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Language in a job application
Audit interviewing and performance
appraisal procedures
Language in job offer letter and policy
manual
Privacy
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Privacy Act (1974)
• Files – required legally (COBRA, CRA91)
• A good policy to keep records (HRIS)
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Employees may see files and insert
rebuttal information (Washington)
Search and Seizure
• Expectation is the issue
Privacy
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Electronic surveillance
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Polygraph
• Prohibited in most cases
• Exceptions include: public sector, ongoing
investigation
Drug Testing
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Public
• Drug-free Workplace Act: applies to federal
agencies and some industries
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Private
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Alaska
California
Utah
Rhode Island
Minnesota
References
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Defamation is a common basis for suit
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Qualified Privilege Doctrine:
• Based on court indication that public good is
best served by free exchange of
information
References
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Requirements:
• Information given in good faith
• Limited to inquiry
• Given at proper time and manner
• Given to proper parties
• True and related to job requirements
• Revealed without malice and bad faith
Violence
1. Firm, unambiguous policy
2. Response team
3. Training to recognize potential