Employee rights to privacy and access to personnel records: a new look.

Do employees really enjoy a so-called right to privacy in their employment relationship? To what extent are their rights violated by the pre-employment screening process? These are the questions discussed in this article by David F. Linowes, Boeschenstein Professor of Political Economy and Public Policy and Science at the University of Illinois and recently chairman of the Privacy Protection Study Commission. Citing the availability of data to a prospective employer through credit card companies, banks, insurance companies, mailing lists, health records, and investigative reporting agencies, Professor Linowes makes the point that little is left unknoun when the investigative process is completed. There is no clear line separating what is relevant and what is privileged. The Study Commission's report to Congress suggests guidelines that would insure fairness to all parties.     

Measuring motivation to change in offenders

Abstract

Measuring motivation to change in offender populations is important both for selection into treatment programmes and for assessing progress in therapy. Two studies are reported in this paper, both looking at the psychometric properties of questionnaires designed to measure stage of change in therapy. The samples used were patients detained in special hospitals under the Mental Health Act (1983) classification of psychopathic disorder. The first study provides norms for this group on the stages of change in psychotherapy questionnaire, plus some additional information on its relationship with self-esteem and self-efficacy measures. The second study looked at a brief version of the stages of change questionnaire, concluding that its psychometric properties were such that further use was contra-indicated.     

Employee assistance programs: an employer's guide to emerging liability issues

Increasing numbers of employers are implementing employee assistance programs (EAPs) designed to assist employees with personal issues that affect their work performance. Studies show that EAPs can dramatically increase employee productivity, but the benefits from EAPs have been accompanied by a less welcome development: lawsuits filed against employers by employees who allege that they suffered harm in the course of obtaining services through their employers' EAPs. Although the potential for liability will always exist, the employer that adheres to certain guidelines will be able to minimize its risk and make its EAP well worth the investment.     

Employee and government access to personnel files: rights and requirements.

A maze of record-keeping, disclosure, and privacy statutes and regulations, with accompanying case law, have created a boom in privacy law. Employers find themselves caught in this rising tide, torn between the often conflicting requirements. The issue of access to employee files--by employees, government, and unions--is one of the most difficult issues in this complicated situation. This article discusses recent developments in the field and aims to help readers thread their way through the maze of contradictions and pitfalls confronting employers.     

论企业对雇员的社会责任

企业不能仅仅作为谋求股东利益最大化的工具,而应当负有维护和增进利益相关者(这些利益相关者包括雇员、客户、债权人、社区以及社会公众)的义务.尤其是知识经济的到来,企业的生存、发展与效率越来越依赖于人力资本,企业对雇员承担社会责任是经济发展的客观要求,是公正与效率的表现,有利于促进企业与内外部环境的可持续发展.     

Human osteology: key to the sequence of events in a postmortem shooting.

Forensic anthropologic examination of human skeletal remains found when a field was plowed provides evidence of both perimortem trauma, suggesting cause of death, and of subsequent shooting of the disarticulated skeleton. The case exemplifies the application of the specialized skills and knowledge of the physical anthropologist to determination of the postmortem sequence of events.     

企业员工退休金请求权及权利塑造

20世纪90年代以来,在我国国有企业改革进程中,出现了众多的请求案件即企业员工向企业(包括破产企业)主张退休金的案件.在这些请求中,有的向行政机关提出,有的向人民法院提出,有的行政机关按照信访案件批转相关部门处理,有的人民法院受理,而有的人民法院不予受理.上述情形中,请求已经属实,而权利是否存在?是实然存在,还是应然存在?退休金的请求如何与权利形成整合,不仅是一项新权利的形成问题,更值得关注的是,退休金请求权的成立意味着长久以来属于社会政策范畴的事务的法制化,意味着社会保障法律将逐渐步入法制前台.退休金请求权的形成需要不断地塑造权利,只有通过多重努力,通过时间和空间的转换才能成为现实.     

Employee attitude surveys: perception vs. reality

In order to correctly interpret employee perceptions, analysts must understand the organization's past, present, and future goals and policies, its performance and success, and its place in the business environment.     

Employee assistance for law enforcement: A brief review

A brief review of the concept and practice of providing various services to police employees similar to those in private industry is presented. These include Employee Assistance Programs (EAPs) that may be either internal or external in relation to the structure of the organization. Such efforts may also be found in law enforcement organizations. In addition, a hybrid model for law enforcement is examined. This involves a working alliance between an internal Peer Support Program and an external EAP. This model may provide immediate assistance to an otherwise resistant population and, in turn, pave the way for additional aid from mental health professionals. Confidentiality issues are presented. A brief review of recommended peer supporter characteristics is offered. Author Note: David B. Goldstein has been a police officer for approximately 25 years. He is presently The Chief of Police in Winthrop, MA. He retired from the NH State Police with the rank of Captain. He has a Ph.D. in Human Services/Criminal Justice, M.S. in Public Health, and a B.A. in Psychology. He is a Peer Supporter/Counselor, Crisis (Hostage) Negotiator, Polygraph Examiner, and Forensic Counselor. Chief Goldstein is a Fellow of the American Academy of Experts in Traumatic Stress and a Diplomate (Crisis Intervention & Forensic Traumatology) of the American College of Forensic Examiners, International.     

强迫职工劳动罪若干问题研究

文章对强迫职工劳动罪的立法渊源和立法意义进行了考证、探求,在学者既有研究成果的基础上,着重对强迫职工劳动罪的客观方面、客体、主体做了认真的分析探讨,并就强迫职工劳动罪的立法完善提出了若干建议.     

The Personal Concerns Inventory (Offender Adaptation): measuring and enhancing motivation to change

Measuring offenders' motivation for treatment is important for selection and monitoring treatment engagement, yet few psychometrically robust measures of motivation exist. The Personal Concerns Inventory (PCI) was developed to assess motivation to change in people with addictive behaviours. It focuses on identifying goals in a wide variety of life areas, and two profiles have consistently been identified--adaptive and maladaptive. This study aimed to adapt the PCI for use with offenders and assess its suitability. Following amendment, 11 men serving prison sentences were interviewed using the PCI (Offender Adaptation, OA). Personal concerns related to self-change, and partner, family, and relationships were most commonly identified. Scores suggested that offenders show adaptive and maladaptive profiles, similar to those previously identified. The PCI (OA) has promise for use with offenders, although the issue of whether the PCI (OA) is better viewed as a measure of motivation or a motivational enhancer remains for further research.     

聘用跳槽员工企业如伺避免成为恶意第三人

人民法院认定第三人承担侵犯商业秘密责任的主观要件——嘲知或应知第二人违法行为时,采用的方法是以理性人义务标准判断第三人的行为。在总结我国目前相关商业秘密司法判例认定体现第三人恶意之行为类型的基础上,提出了企业在聘用跳槽员工时避免成为恶意第三人的应对之策。