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Working conditions for employees are a major point of contention in many workplaces,
and are usually a central factor in labor negotiations and strikes. Unethical employers
fail to provide safe working conditions either through negligence or intentionally. This
can lead to higher rates of illness and injury for workers. Rates of pay are also a
frequent source of disagreement. While it is understandable that workers want higher
pay and employers want to pay less, some employers exploit workers to the point that
it becomes unethical. If rates of pay go below minimum wage laws, this practice
becomes not only unethical but illegal.
Theft
Employee theft costs American companies over $40 billion a year, according to
Thompson Security Systems. There are many reasons for employee theft, including
the simple urge to get something without paying for it, bitterness at low pay,
vengeance for mistreatment by a company, addictive behavior and stealing to resell
for cash. Business responses to this behavior range from improving employee morale
to termination to legal action. Stealing from an employer is both unethical and illegal,
and in the eyes of the law is no different than shoplifting or stealing from a stranger.
Misuse of Power
Certain personalities succumb to the urge to abuse power when it is given to them.
Abuses of power by managers, employers and business owners can involve minor
annoyances such as working for an arrogant boss, or can be as serious as blackmail
and sexual assault. The economic inequalities between employers and employees can
lead to unhealthy relationships if those in power decide to abuse their privileged
positions. When employers view themselves as providing a service to both clients and
employees, relationships will remain healthier and more egalitarian.
Companies that are involved in research and development and the release of new
products have structures in place to prevent the acquisition of company secrets by
competitors. Employees who have access to this privileged information may be
tempted to reveal it to others, either for monetary reward or personal reasons. When
employees are subject to confidentiality clauses as part of their employment, this
activity is illegal and can lead to criminal prosecution. Working against the interests of
an employer can be seen as unethical even in the absence of legal restrictions.
Legal Resources
Business Resources
Hiring Resources
An Overview of Basic Employee Rights
Every employee has a range of basic work place rights, such as freedom from harassment, fair wages
and privacy. For example, employers cannot reject candidates based on gender or race. As you
construct company policy, pay careful attention to your employees’ rights.
Employee rights vary somewhat from state to state, depending on local regulations and legislation. In
most states, your employees are entitled to a basic level of privacy, including personal bags, mail
addressed to the employee and personal work lockers. On the other hand, employees have much
more limited privacy when it comes to using work-related emails and computer systems. Your
employees have basic rights to
•Freedom from harassment and discrimination of all types and in all forms
•Safe work environments without dangerous operational conditions, toxins or unreasonable safety
hazards
•Freedom from retaliation for filing discrimination-related claims or complaints against their
employer
•Fair compensation for work
The Title VII is a well known and incredibly important piece of legislation that laid the groundwork
for future anti-discrimination laws. It applies solely to employers with 15 or more employees and
prohibits discrimination for the following characteristics:
•Color
•Sex
•National origin
•Religion
•Race In the act, employers are forbidden from discriminating against workers in the hiring process
and beyond. Discrimination may also take the form of denying career promotions or refusing days
off for important religious holidays.
The ADA does several important things, including defining disability and compelling employers to
provide reasonable accommodations for professionals with disabilities. According to the legislation,
a disability is defined as a mental or physical condition that significantly impacts the individual’s
ability to perform one or more major life activities. Employers are not allowed to discriminate
against workers with a disability who are otherwise fully qualified for the position. If the worker
requires reasonable accommodations to perform work functions, the employer is required to provide
such accommodations as long as they do not cause undue stress on the business.
The ADEA specifically address age discrimination for individuals of the age of 40 and over. For your
business to fall under the jurisdiction of the act, you must have at least 20 employees. The ADEA is
designed to prevent employers from affording preferential treatment to younger professionals, to the
disadvantage of workers of 40 years or older. Notably, it does not prevent employers from favoring
older professionals over younger counterparts.
The FSLA is responsible for regulating the duration of workdays and stipulates breaks an employer is
obligated to allow. Furthermore, the legislation sets salary minimums and overtime requirements on
the federal level. Though the act is responsible for national standards, many states have their own
labor laws and regulations that add to federal guidelines.
The FMLA guarantees employees up to 12 weeks of unpaid leave annually without the threat of
losing their position. To qualify for this leave, employees must have been with the company for at
least 1 year and have worked at least 1,250 hours in the year preceding leave. The employee must
take leave under certain circumstances, such as sudden serious illness of a direct family member or
paternity leave. Though the act only guarantees unpaid leave, employees may elect to use any paid
leave they’ve accumulated, or you as the employer may require them to use paid leave in advance
and in writing. Even job applicants retain certain rights before being formerly hired, so leave no
stone unturned in your research into employee rights. Make sure you provide a safe and welcoming
environment for all of your employees, and be aware of your own legal obligations.