Tuesday, June 09, 2009

HR week 2-1

Employment at will. (only U.S.)

Contractual Rights
-Employment Contract
-Implied Contract - no explicit agreement, expectation,
-Union Contract

Statutory right
-discrimination
-Safe
-Union

Other Rights
-Ethical Treatment
-Privacy
-Free speech

Employment and At Will Relationship
Any employee
Any time
Any reason
--------------------
Employ at will & fire condition

Potential Legal Claim Asserted
to wrongful Discharge action
1. Complimentary Theories
-Promissory Estoppel - take kids out of school, sell house, get job at new place, but job decline
-Defamation -
-Invasion of Piracy -
-Intentional Infliction of emotional distress -
-Interference with contract -
Other torts
-Assault and Battery-
-False imprisonment/arrest-
-Malicious Prosecution
-Negligent Hiring and Retention
Exception to At Will in Other States
-Public Policy Exception
-Good faith and fair dealing
-Implied Contracts
-Statutory Schemes - fire cuz dont like cuz of race, religion, discrimination, retaliation, org union..etc
Conclusion

"W.A.R.N" - Massive layoff
California Trade Secret- any info that take on independent value because it not generally known that is out side.

Work place Violent-

Controversial Issue facing HR
Electronic Monitoring- E.C.P.A. = require business purpose and consensus of all party.

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