Employment at will and wrongful discharge suits
Employment at will is the process by which an individual may be fired for any reason, at any time, as long as the reasoning is not discriminatory; this is a practice that varies from state to state and may or may not apply depending on the state within which one resides. Wrongful discharge suits are the suits that are brought against a company for the wrongful termination of an individual; this too varies from state to state and may apply to discriminatory causes in all states, or may apply in cases where no reason was given for the firing of an individual in states that are not “at will” states. The issue is of interest to employees and managers as it determines, in part, the security of the individual’s job on a general basis. The rights that employees are demanding do vary from state to state, though many employees would prefer if there were no at will states. The laws or court cases that affect these rights are those that deal with discriminatory practices. Employers respond to this employee right in a variety of ways, depending on the state being discussed.
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Substance abuse and drug testing
Substance abuse and drug testing is concerned with ensuring that employees are sober while at work, an issue of current interest due to the recent legalizations of marijuana in certain states. There are not any true demands being made on the part of employees in regard to this, with the possible exception of clarification regarding the new laws. Employers are responding in a variety of different ways due to the fact that the laws are too new and no precedent has yet been set.
Searches and monitoring
Searches and monitoring are concerned with the ability of employers to go through an employee’s belongings and monitor their time and behaviors while on the clock, an issue of current interest due to the fact that employees want their privacy while employers want their full time at work. Employees are demanding their privacy, but there are no laws that grant that privacy within the confines of an office setting.
Employee conduct away from the workplace
Employee conduct away from the workplace concerns itself with how employees behave while off the clock, an issue that may vary state to state depending on whether or not the state is an at will state and the fact that most companies wish their employees to act as representatives for the company regardless of whether or not they are on the clock. The responses vary from state to state.
Genetic testing
Genetic testing has become a recent concern due to the changes in health care laws, and the fact that employers must provide healthcare or pay a fine. Employers do not wish to cover those who have the potential to become sick and do not wish to keep them on as it will cost the company money, but to act against it is to go against discrimination laws.
Email, Internet
The issue of email and the internet is concerned with how the company provided resources are used, with employees wanting free reign and employers wishing to monitor and implement rules as they wish the full company time to be used for work. There are no current provisos preventing employers from monitoring how their resources are used.
