Managing Human Resources Bohlander Snell Sherman

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ManagingHuman Resources Bohlander ? Snell ?
Sherman

• Chapter 13
• Employee Rights
• and Discipline

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Learning Objectives

• Explain the concepts of employment-at-will,
  wrongful discharge, implied contract, and
  constructive discharge.
• Identify the job expectancy rights of employees.
• Explain the process of establishing disciplinary
  policies, including the proper implementation of
  organizational rules.
• Discuss the meaning of discipline and how to
  investigate a disciplinary problem.

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Learning Objectives, cont.

• Explain two approaches to disciplinary action.
• Identify the different types of alternative
  dispute-resolution procedures.
• Discuss the role of ethics in the management of
  human resources.

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Employee Rights Topics

• Wrongful discharge
• Substance abuse and drug testing
• Employee searches and surveillance
• Plant closing notification
• Access to employee personnel files
• Smoking in the workplace
• Employee conduct away from organization

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Employee Rights

• Guarantees of fair treatment from
• employers, particularly regarding
• an employees right to privacy

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Negligence

• Failure to provide reasonable care where
• such failure results in injury to consumers
• or other employees

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Employment-at-Will Principle

• The right of an employer to fire an
• employee without giving a reason
• and the right of an employee to quit
• when he or she chooses

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Presentation Slide 13-1Employment-at-Will and
Wrongful Discharge
Exceptions to Employment at Will
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Presentation Slide 13-1Exceptions to
Employment-at-Will Doctrine

• Violations to public policy -- wrongful discharge
  for acts protected by law
• Implied contract -- wrongful discharge contrary
  to employer oral or written promises
• Implied covenant --wrongful discharge for a lack
  of fair dealing on part of employer

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Implied Contract
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Constructive Discharge

• An employee voluntarily terminates his
• or her employment because of harsh,
• unreasonable employment conditions placed
• on the individual by the employer

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Presentation Slide 13-2Privacy Concerns

• Substance Abuse and Drug Testing
• Searches and Surveillance
• Access to Personnel Files
• E-mail and Voice Mail
• Conduct Outside the Workplace
• Genetic Testing

Employee Privacy vs Employer Obligations
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Setting Organizational Rules
Guidelines for Smooth Implementation of
Organizational Rules
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Presentation Slide 13-3
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Hot-Stove Rule

• Rule of discipline that can be compared
• with a hot stove in that it gives warning,
• is effective immediately, is enforced
  consistently, and applies to all employees
• in an impersonal and unbiased way

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Discipline

• (1) Treatment that punishes (2) orderly
• behavior in an organizational setting
• or (3) training that molds and strengthens
• desirable conductor corrects undesirable
• conductand develops self-control

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Presentations Slide 13-4Disciplinary Action for
Violation of Rules

• Are rules fair and reasonable?
• Have rules been communicated sufficiently to make
  employee aware of them?
• Have rules been enforced previously?
• Should and did employee receive prior warning?
• Is employee being singled out as an example?

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Progressive Discipline

• Application of corrective measures
• by increasing degrees

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Positive, or Nonpunitive, Discipline

• System of discipline that focuses
• on the early correction of employee misconduct,
  with the employee
• taking total responsibility
• for correcting the problem

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Positive Discipline Procedure
First Conference (Oral Reminder)
Decision-Making Leave/Decision Day
Second Conference (Written Reminder)
Unsolved
Unsolved
Unsolved
Recognition and Reinforcement
Terminate
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Presentation Slide 13-5Disciplinary Action for
Unsatisfactory Performance

• Do clear and objective performance standards
  exist?
• Has employee received proper orientation and
  training?
• Is the unsatisfactory performance caused by
  conditions beyond employees control?
• Has employee been given adequate warning and time
  to improve performance?
• Are the other employees meeting performance
  standards?

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Presentation Slide 13-6Work Record Documentation

• Date, time, and location of incident
• Nature of misconduct
• Consequences of misconduct on work unit
• Prior discussions with employee
• Disciplinary action taken and improvement
  expected
• Reaction of employee
• Appropriate witnesses

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Considerations When Discharging Employees

• What is the employees length of service?
• What is the employees previous service record?
• Did employee receive warning and lesser
  penalties, i.e., progressive discipline?
• Did employer use every means possible to avoid
  the discharge?
• Are there any evidences of prejudice or bias
  toward employee?

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Due Process

• Employees right to present his or her
• position during a disciplinary action

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Employee Rights Due Process
Principles of Due Process
Right to Know
Right to Consistent Treatment
Right to Fair Discipline
Right to Appeal
Right to Progressive Discipline
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Appealing Disciplinary Action
Employee
Supervisor
Department Head
Conventional Step-Review Appeal Procedure
HR Department
Top Management
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Alternative Dispute Resolution (ADR)

• Term applied to different types
• of employee complaint or
• dispute-resolution procedures

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Presentation Slide 13-7Alternative Dispute
Resolution Procedures

• Step-Review Systems
• Peer-Review Systems
• Hearing Officer
• Open-Door Policy
• Ombudsman System
• Arbitration

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Step-Review System

• System for reviewing employee
• complaints and disputes by successively
• higher levels of management

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Peer-Review System

• System for reviewing employee complaints
• that uses a group composed of equal numbers
• of employee representatives and management
• appointees. It functions as a jury since its
• members weigh evidence, consider
• arguments, and after deliberation vote
• independently to render a final decision

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Hearing Officer

• Person who holds a full-time position
• with an organization but assumes a
• neutral role when deciding cases between
• the aggrieved employees and management

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Open-Door Policy

• Policy of settling grievances that
• identifies various levels of management
• above the immediate supervisor
• for employee contact

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Ombudsman

• Designated individual from whom
• employees may seek counsel
• for the resolution of their complaints

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Ethics

• Set of standards of conduct and moral
• judgments that help to determine
• right and wrong behavior