Select one unfair labor practice identified in Lecture 2, Unfair Labor Practices, of this week.
Compare the rights of employee versus employer related to the chosen practice.
Explain why the practice is unfair.
Discuss who is harmed by the practice.
Explain what the harm is.
Unfair Labor Practices
An unfair labor practice refers to any acts of deceit or discrimination or omission which takes place between the employee and the employer in the workplace (Acharya, Baghai & Subramanian, 2012). Engaging in a retaliatory discharge is an example of an unfair labor practice. This involves a situation whereby the employer takes action against an employee who filed charges associated with unfair labor practice within the workplace such as the issue of harassment or discrimination (Kotouza, 2017). When it comes to retaliatory discharge in the workplace the employee has the right to report the management for retaliation for his/her whistleblowing efforts. Evidently, the Equal Employment Opportunity (EEO) laws speak against punishing the employees for asserting their rights to report unfair labor practices (Gustafson, 2018). In this case, the employer has no right to retaliate against the employee as his/her action causes harm.
Retaliatory discharge is unlawful and unfair because it goes against the set EEO laws which discourage the employers from engaging in vengeful acts against an employee who reports labor violation activities in the workplace (Wainberg & Perreault, 2013). Notably, the employees are encouraged to report unfair workplace practices without experiencing retaliation in return. The employee is affected by the retaliatory discharge. Evidently, with the retaliation, the employee is negatively affected by acts of the employer such as wrongful termination or demotion (Hickey, 2015). In this case, the harm includes a damaged employee reputation from false accusation or reduced amount of benefits in an unjustified way (Boris & Elias, 2017). The fact that the employer may feel superior to the employee suggests that he/she may engage in the retaliatory actions without being harmed in the process.
Acharya, V., Baghai, R., & Subramanian, K. (2012). Wrongful Discharge Laws and Innovation. doi: 10.3386/w18516
Boris, E., & Elias, A. L. (2017). Workplace Discrimination, Equal Pay, and Sexual Harassment. Oxford Handbooks Online.
Gustafson, C. M. (2018). Retaliatory Discharge For Filing a Workers Compensation Claim in Wyoming. SSRN Electronic Journal.
Hickey, C. (2015). Incentivizing Whistleblowing in the United States Qui Tam, Anti-Retaliation and Cash-For-Information. Neue Kriminalpolitik, 16(4), 388–398.
Kotouza, D. (2017). Practices of Labor Activism in Greece: Inside and Outside the Workplace. Journal of Labor and Society, 20(3), 379–397.
Wainberg, J., & Perreault, S. (2013). Whistleblowing in Audit Firms: Do Explicit Protections from Retaliation Activate Implicit Threats of Reprisal? SSRN Elect