Rights Correct Answer-Powers, privileges, or interests derived from law,
nature or tradition
Statutory Rights Correct Answer-Rights based on laws or statutes passed
by federal, state or local governments
Responsibilities Correct Answer-Obligations to perform certain tasks
and duties
Contractual Rights Correct Answer-Rights based on a specific contract
between an employer and an employee
5 Types of Employment Contracts Correct Answer-Employment, Non-
Compete, Intellectual Property, Implied, Employment At Will
Employment Contract Correct Answer-Formal agreement that outlines
the details of employment
Non-Compete Agreements Correct Answer-Agreements that prohibit
individuals who leave an organization from working with an employer
in the same line of business for a specified period of time
Criteria for Non-Compete Agreements Correct Answer-Reasonable
limits; duration; geographical scope; additional consideration beyond
employment; limitations from working within their specialization
,Intellectual Property and Trade Secrets Correct Answer-Right to keep
trade secrets confidential; right to for employees to take business
opportunities to employer first before pursuing them elsewhere;
common-law copyright for works and other documents prepared by
employees
Implied Contract Correct Answer-Unwritten agreement created by the
actions of the parties involved
Employment At Will (EAW) Correct Answer-Common-law doctrine
stating that employers have the right to hire, fire, demote or promote
whomever they choose, unless there is a law or contract to the
contrary...and employees may quit at any time with or without notice
Exceptions to EAW Correct Answer-Public Policy Exception;
Implied Contract Exception;
Good-Faith and Fair-Dealing Exception
Wrongful Discharge Correct Answer-Termination of an individual's
employment for reasons that are illegal or improper
Constructive Discharge Correct Answer-Process of deliberately making
conditions intolerable to get an employee to quit
, Just Cause Correct Answer-Reasonable justification for taking
employment related action (see e269 for FAQ for Just Cause)
Just Cause Determinants Correct Answer--Was employer's rule
reasonable?
-Was employee warned of the consequences?
-Did mgmt investigate before disciplining?
-Was investigation fair and impartial?
-Was there sufficient evidence of guilt?
-Were rules and penalties applied consistently?
-Was penalty reasonable, given the offense?
Due Process Correct Answer-Occurs when an employer is determining if
there has been employee wrongdoing and uses a fair process to give an
employee a chance to explain and defend his or her actions:
-employee has right to be heard before disciplinary action is imposed;
-conducting a reasonable and fair investigation;
-giving accused a right to question his/her accuser;
-notice of rules and penalties
Due Process Determinants Correct Answer--How have precedents been
handled?
-Was employee asked for their side of the story?
-Is a complaint process available?
-Was complaint process used?