Chapter 15

an outside agency

A whistleblower must choose wisely who he or she must go to complain in order to be protected from being fired due to the complaint Notice in the reading that a whistleblower must go to _________.

public policy enforceable

Anti-Raiding Covenants law Varies from state to state: Some courts hold clauses in violation of _______ ′ Is an illegal restraint on competition Other courts hold them as _______

employee fired was NOT a whistleblower supervisor can lawfully fire him under employment at will. He was fired for his attempt to ensure his employer did not violate statutory right of other employees. Iowa law does not protect internal advocates for other employees. Had he gone to an outside agency, his supervisory could not have lawfully fired him.

Ballalatak v. All Iowa Agriculture Assn. Ballalatak worked for Hawkeye Downs as a security supervisor. Two employees were injured in a work-related accident. Called Ballalatak and reported injury. Ballalatak drove to scene, helped get men to hospital & filled out accident report. Later general manager, Nowers, told the 3 men to meet with him before returning to work. Told the men their medical expenses would be taken care of without filing for workers' compensation. Later, injured men told Ballalatak they were concerned they would not receive workers' compensation benefits. Ballalatak told Nowers, and stated workers had rights to benefits. Nowers fired him. Ballalatak sued, saying he was fired for asking re: workers' compensation duties to the injured workers. Nowers claimed he fired him for insubordination. District court dismissed suit. Ballalatak appealed. Decision?

limited in time & coverage

California & Texas have held that covenants _____ are enforceable.

upheld

Drug tests after accidents have been ______

out- weigh the employee's right to privacy.

Drug tests after accidents have been upheld, because public safety issues generally _________

an announced policy of such tests and when safety is an issue

Drug tests given because of "reasonable suspicion" of improper usage are likely to be allowed when there is __________

"reasonable suspicion" of improper usage

Drug tests given because of ________ are likely to be allowed when there is an announced policy of such tests and when safety is an issue. -must document this well in employee file

Certified Labs

Employee Substance Abuse Policies: Must use ________ for drug testing results Give all employees copy of company policy and keep a signed receipt from employee Make policy clear Check with attorney

Refusing to commit an illegal act

Exceptions to At-Will Employment: _________: such as falsifying reports required by a government agency or refusing to commit perjury (lie) at trial

"Whistle Blowing"

Exceptions to At-Will Employment: __________ This occurs when an employee reports an employer's illegal act. For example, a government employee who reveals that bribes were taken by her supervisors could be rewarded for having taken that action if her charges are shown to be true.

Public right

Exceptions to At-Will Employment: __________: filing for workers' compensation or filing for bankruptcy

Important public duty

Exceptions to At-Will Employment: ____________ jury duty or military service

Contracts in violation of public policy

Exceptions to At-Will Employment: ____________: i.e. exculpatory agreements

ability to perform job

For Employee Substance Abuse Policies: Examination must be voluntary OR directly related to________

usually OK

For Employee Substance Abuse Policies: Pre-employment screening _______ Many states say testing after job offer is extended

usually legal

For Employee Substance Abuse Policies: Testing employees on annual basis or part of occasional physical exams is _______ Examination must be voluntary OR directly related to ability to perform job

common law governs void

For Noncompetition Agreements In other states - _________, allowing if restraints are reasonable in time and extent of coverage. Other states, like CA, say that almost every contract that restrains anyone from lawful business is ________.

reasonable terms

For Noncompetition Agreements: Some allow them absolutely Some states allow court to imply _______ in order to save the covenant in part Other states will eliminate these agreements entirely Employers must pay attention to individual state law in this area.

wrongful discharge or retaliatory discharge

If firm dismisses employee in violation of public policy exception, employee may sue for _______

Noncompetition Agreements

In states where such clauses are legal, some employers use _____________ aggressively to discourage other companies from hiring their employees. They threaten suit against the employee and the new employer if there is such a move. The cost of fighting the litigation is often enough to discourage hiring people away from a competitor

to protect things, i.e. trade secrets

New York court held that once employee leaves place of employment, continued restraints are not favored. Exception?

continued restraints

New York court held that once employee leaves place of employment,______ are not favored.

upheld

Random drug tests, when announced as a condition of employment, are _____ for jobs where safety is an issue, such as for truck drivers and pipeline welders, or when employees have access to a lot of money. Drug tests for employees not in sensitive positions are more likely to be subject to challenge.

pre-employment testing random testing during employment testing after any accident.

The Omnibus Transportation Employee Testing Act includes __________. Confidentiality of test results is maintained, and the laboratory procedures used are highly accurate.

aircraft public transportation commercial motor vehicles

The Omnibus Transportation Employee Testing Act requires employers who operate ___________ to test their employees for use of alcohol and illegal drugs.

Drug-Free Workplace Act

The ________ requires firms to: Publish policy statement State what action taken against employees who violate policy Establish drug awareness program Make known availability of program Require employees to notify employers of any drug-related convictions

whistle-blowing

The general test of when this applies is that the _______ is primarily for the public good—to help law enforcement—rather than for private gain. This exception is more likely to apply to public- sector employees under state statute than to private-sector employees.

Consequences of Substance Abuse

Total economic cost about $400 billion per year; cost to employers ~ $100 billion per year. Safety Issues ~ workers under influence of alcohol or other drugs are 3.6 times more likely to be injured or to injure another Those who abuse alcohol, even if not under the influence - 70% greater chance of on-the-job injury National Transportation Safety Board found that alcohol or other drug-impaired workers caused many RR accidents. Alcohol or other drugs are a factor in 1/3 of all accidents involving truck drivers killed in accidents. Insurance costs are about double for families with an alcoholic.

May work-at-will or quit when they want

Under At-Will Employment Employees:

Can hire and fire who they want

Under At-Will Employment Employers:

At-Will Employment

Under ________ Those two parties to the employment relationship may contract around that presumption by an agreement that limits employers' ability to dismiss an employee without consequences

Random drug tests

_______ are Ok When announced as a condition of employment (Notification)

The wrongful discharge suits

_________ exist because the state wants to enforce and protect certain public goals, such as reporting for jury duty, not because there is a desire to control the employment relationship. It must be emphasized that these cases are not easy to win. In the Ballalatak case, we see the Iowa Supreme Court discuss the limits on this kind of action.

Anti-Raiding Covenants

_________: Employees required to sign an agreement they will not recruit fellow employees for another company when they leave their current place of employment

Substance Abuse

__________: Alcohol the worst 8% of workers are serious alcohol abusers Another 3-8% of adults abuse or addicted to illegal or improperly dispensed drugs One in eight of workers have substance abuse problem Cocaine (illegal) and OxyContin & Ritalin (legal but obtained illegally)

Noncompetition Agreements

__________: Employees sign not to leave employment and compete directly with employer. the employee cannot go into competition against the employer or go to work for a competitor for a certain time, usually one to three years.

At-Will Employment

___________: Free Market Concept Employers: Can hire and fire who they want Employees: May work-at-will or quit when they want Contractual limits

Omnibus Transportation Employee Testing Act

_____________: requires employers who operate aircraft, public transportation, or commercial motor vehicles to test their employees for use of alcohol and illegal drugs. This includes pre-employment testing, random testing during employment, and testing after any accident. Confidentiality of test results is maintained, and the laboratory procedures used are highly accurate.

Drug-Free Workplace Act

_____________: Requires all companies of more than $25,000 worth of business with the federal government to certify they have "drug-free" workplace

could pose a danger to: themselves others or company equipment.

companies may, under most state laws, have random drug tests those who operate equipment or __________