It is certainly a no-brainer that public-sector employees enjoy more employee rights than their private counterparts. And the reasons are not far to seek. Public-sector employees are hired by government agencies on a permanent basis, and the constitutional law automatically grants them their rights.
Nothing of the sort is witnessed in the case of private employees. This is because they enjoy few constitutional rights. And rightly so, since private-sector employees are basically meant to boost the profits of private businesses, unlike public-sector employees, who discharge official functions and render public service. The only thing that is curbed to a limited extent for public-sector employees is union activity and speech because these employees hold positions of trust in society. You can also reach out for additional help to a workers’ compensation lawyer.
Private-sector employees vis a vis public sector employees
There are some rights and curbs on both private-sector and public-sector employees. Let us see what they are:
Termination of service
Private sector employees can get their services terminated for any reason, except for their race and/or gender, for their rights under workers’ compensation, or for testifying in court. On the other hand, a public-sector employer requires a cause for disciplining, demoting, or firing an employee, which may include poor performance, misconduct, dishonesty, and/or violation of work rules. Even for this, the employer is required to give a show-cause notice to the employee to enable him or her to respond to the charges leveled.
Freedom of speech
Public-sector employees are protected under the First Amendment of the United States Constitution for openly airing their views under freedom of speech. However, their views should not hamper the government’s ability to function. In contrast, private-sector employees are under no such government protection and can be demoted or given the pink slip if they dare to express their views not in consonance with the policies of the organization they work for.
Creating or joining unions
Under federal law, private sector employees are at liberty to create or join unions. This enables such employees to redress any grievance they have against employers regarding wages or working conditions. It also gives them the right to go on strike if their grievance is not addressed or their demands are not met.
Private-sector employers are restrained from disciplining, cutting wages, or firing employees for these acts, for joining the union, or for collective bargaining. Although public-sector employees enjoy no such right, many states have permitted them to join unions under the provisions of federal or state law.
Health and Food Benefits
Private-sector and public-sector employees should be equally entitled to health and food benefits. Private-sector employees typically receive health benefits through their employers, while public-sector employees may receive health coverage from the government. Both types of employees should also be able to access food benefits made available by their employers or the government.
It is especially important for benefitting food-insecure members of the community. These individuals and families may not have access to enough nutritious and filling meals and can benefit from food assistance. Providing equal health and food benefits to both public and private-sector employees is vital to ensuring these food-insecure members have the resources they need to obtain healthy meals.
Submitting to interrogation or investigation
The Federal Court of Appeals for the Second Circuit, in its recent decision, held that a private sector employee can be terminated if he or she refuses to be interviewed by the employer conducting an internal investigation. However, a private sector employee can use a union representative during the employer’s investigation.
The public-sector employees’ rights are protected from self-recrimination under the Fifth Amendment. This means that the employer cannot compel a public-sector employee to say anything that can be used against him or her in criminal prosecutions. A case in point is the Garrity vs. New Jersey case in the United States Supreme Court that upheld the retention of a police officer who refused to speak with the investigators in a case where his deposition was important.
Conclusion
The difference between the rights of public-sector employees and private-sector employees is based on the nature of government and private-sector jobs. While the constitution protects a government job, a private-sector job is not, but it enjoys some rights that public-sector employees don’t.
