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PARAMETERS IN

EMPLOYEE RELATIONSHIP

There are two very distinct and sometimes


competing perspectives on the ethics of workplace
relationships
On one hand, employers might decide to treat employees well as a
means to produce greater workplace harmony and productivity.
On the other hand, of course employees might treat employees well out
of a Kantian sense of duty and rights, regardless of either utilitarian or
self-interested productivity consequences.

Employee Relationship
This arrangement raises issues of power, obligation, responsibility, fair
treatment, and expectations. In many circumstances, the livelihoods of
both parties rely on each others contributions to the relationship.
Though legal requirements might serve to protect some interests, they
can only go so far and cover so many bases.

We will begin by looking to the ethics underlying


the concepts of due process and fairness that
help determine what is or is not acceptable
behavior in the workplace.

DUE PROCESS
government cannot take away a citizen's life, liberty, or property
interest without giving them notice and a fair hearing
right to be protected against the arbitrary use of authority
refers to the procedures that police and courts must follow in
exercising their authority over citizens

a) Thefirst written noticeto be served on the employees should


contain the specific causes or grounds for termination against
them, and a directive that the employees are given the opportunity
to submit their written explanation within a reasonable period.
Reasonable opportunity under the Omnibus Rules means every
kind of assistance that management must accord to the employees
to enable them to prepare adequately for their defense.
b) After serving the first notice, the employers should schedule and
conduct ahearing or conferencewherein the employees will be
given the opportunity to: (1) explain and clarify their defenses to
the charge against them; (2) present evidence in support of their
defenses; and (3) rebut the evidence presented against them by
the management.

c.) After determining that termination of employment is justified,


the employers shall serve the employees awritten notice of
terminationindicating that: (1) all circumstances involving
the charge against the employees have been considered; and
(2) grounds have been established to justify the severance of
their employment.

Employee at Will
The law generally presumes that you are employed at will unless you
can prove otherwise, usually through written documents relating to
your employment or oral statements your employer has made.
Unless an agreement specifies otherwise, employers are free to fire an
employee at any time and for any reason.
An EAW worker may opt to leave a job at any time for any reason.
Without offering any notice at all, so the freedom is theoretically
natural.

Exceptions to the At-Will Employment


Doctrine
An employee cannot be fired for adiscriminatory
reason. Protects employees from discrimination based on race, national
origin, religion, color, or sex.

An employee cannot be fired out ofretaliation for


performing a legally protected action.For example, an
employer cannot fire an employee forfiling a workers compensation
claim. Other retaliation-protected actionsinclude:
Filing a discrimination or harassment suit
Being a whistleblower regarding illegal or unsafepractices
Refusing to perform illegal activities
Participating in a workplace investigation
Requesting reasonable accommodation for a disability
Taking legally protected leave from work, such as FMLAleave
Discussing (or complaining about) the workingenvironment or wage
and overtime practices

An employee with a contract that outlinesthe terms


of employment cannot be fired outside of those
terms.In other words, contracts supersede at-will
employmentassumptions. Some states also provide protections for
implied (unwritten)contracts. Check your local laws.
An employer who provides some protectionsin
employment policies, such as firing only for just
cause must abide bythose protections.In thiscase, the
employer has opted to forgo the at-will option by providingother
protections.

Downsizing
When a small business has more employees than it requires,
managers may decide to downsize the organization. This can be the
result of increased efficiency or reduction in demand. While
downsizing affects everyone in the organization, it has the most
significant effect on employees who are dismissed and have to leave
the company.
Corporate downsizing serves as a way for a company to maintain
profitability levels, but the action often causes negative effects within
the workplace. The people who leave aren't the only ones who feel
the effects. The remaining employees feel the negative effects even
after the downsizing takes place, and those can have a harmful effect
on your business

Effects in downsizing
Severance Pay. Employees are entitled to receive severance pay if
their contract of employment provides for it or their employer has a
policy or practice of paying severance pay.
Alternative Employment. Opens up other opportunities he may
not otherwise have considered. Many businesses offer departing
employees help to find another job, known as outplacement support.
Financial Cost. Downsizing reduces the amount you pay in
salaries and benefits, but it comes with its own set of costs. Severance
packages and payment for any continued benefits potentially cost you a
large chunk of money at the time of downsizing If the business turns
around and you need to hire more employees in the future, you incur
more expenses for advertising, recruiting, screening and hiring
employees.

Decreased Morale. After the downsizing takes place, remaining


employees may face greater work responsibilities without extra pay,
decreasing morale even further. If the reasons for downsizing or the
process of eliminating employees is considered questionable by
employees, you may lose trust and respect.
Productivity and Creativity Drops. The workplace
becomes a less creative environment and employees don't make as
many bold, creative moves in their work. Lower creativity sometimes
translates into lower productivity and fewer innovative ideas to keep
your company competitive.
Potential for Legal Issues. Even if your company has a valid
reason for downsizing, you face the potential for legal fallout if any of
the terminated employees feel they were targeted unfairly.
Accusations of discrimination or unjustified layoffs leave you exposed
to expensive lawsuits and could lead your company to a bad
reputation.