Key Terms
Exceptions exist
Confidential merger negotiations and internal personnel investigations are legitimately kept private.
Why it exists
Before WARN, only 20% of displaced workers got written notice. Only 7% got two months of notice.
Happy employees produce measurable results
Higher productivity, better customer treatment, fewer sick days, fewer accidents, less burnout, more creativity, stronge
Comparable worth
Pay based on a job's actual value to the organization, not salary history.
Public sector unionization
35% — more than five times the private sector rate of 6.5%.
Closed shop / union shop
All new hires automatically enrolled; dues automatically deducted. Right-to-work laws counter this.
Employee-owned equipment (personal phone)
Generally cannot be monitored. The ECPA generally prohibits intercepting private communications using the employee's per
Pre-employment testing
Most common; generally legal under state law if proper notice and procedures are followed.
Current employee testing
Much less common due to cost.
Employment at will
Either party can end employment at any time, without cause, unless a contract says otherwise. Covers ~85% of private-sec
Exceptions to at-will status
Unionized workers and executives (have contracts); government employees (have due process rights).
Business purpose exception
ECPA loophole allowing employer monitoring when a legitimate business purpose exists.
Closed shop
Union environment requiring automatic enrollment and dues deduction for all new hires.
Codetermination
Workers participate on the board of directors; common in Europe, rare in the U.S.
Collective bargaining
Union negotiation with management on behalf of workers.