EMPLOYEE RIGHTS & DISCIPLINE Please remember to turn off and put away cell phones. EMPLOYEE RIGHTS & DISCIPLINE MGT 3513 Introduction to Human Resource Management

Employee Rights A right Statutory rights vs. contractual rights ________________________________ Statutory rights vs. contractual rights ________________________ Common contract prohibition

Employee Rights Examples of employees rights Leave of absence Injuries and illness rights Employee pension/benefits rights Whistle-blowing rights Workers compensation rights

Employee Rights Employers should demonstrate that an employee was fired for “Just cause” And that due process was demonstrated

Employee Rights Wrongful discharge _______________________________ Constructive discharge _____________________________________ Retaliatory discharge

Example Mary works as a lifeguard at a golf course. Over a period of time, she is harassed by another employee. Mary is not aware of any policies that her company has prohibiting harassment in the workplace, so she tries to do her job as best she can avoiding her coworker. However, the harassment finally becomes so severe that Mary quits. What term would we use to describe Mary’s situation?

Example Elaine, who works in a manufacturing setting, reports her company for an OSHA violation. When OSHA investigates the complaint, Elaine is interviewed and asked to provide additional details. After the investigation, OSHA imposes several high dollar fines on the company. The company dismissed Elaine following the incident. They don’t provide her with any reason for dismissal, so she assumes that the reason is related to the fact that she contacted OSHA. What term would we use to describe Elaine’s situation?

Example Patrick has worked for the same company for over 25 years. His company decides to offer an early retirement incentive. Patrick, who is not ready to retire, decides NOT to take the early retirement package. However, his company is ready to get him off the payroll because of his high salary. Patrick’s manager suggests that Patrick may be fired if he does not take the early retirement. As a result, Patrick does agree to the early retirement. What term would we use to describe Patrick’s situation?

Employee Rights Employees are limited in their right to _______________ in the workplace Privacy Act of 1974 Employees are also limited in their right to _______________ in the workplace

Management Rights What are management rights? Employment at will The three exceptions to employment at will _______________________

Whistle-Blowing What is whistle-blowing? _______________ sector employees generally have greater protection for whistle-blowing than ________________ sector employees

Employee Discipline Progressive discipline Positive discipline

Employee Discipline: Progressive Discipline What is the primary benefit of progressive discipline? _______________________________________ How is progressive discipline relevant to unemployment claims? Downside of progressive discipline

Practical Tips - - Employee Discipline Hot stove rule Three basic standards for administering discipline 1. __________________________________________ __________________________________________ 2. __________________________________________ 3. __________________________________________

HRM and Discipline Ideally, if HRM is done properly in the following areas… Recruitment and Selection Training and Development Human Resource Planning Performance Appraisal Compensation …there will be less of a need for disciplinary actions.

Discussion Questions: The Office - - Halloween Episode What criteria did Michael use to determine who would be fired (e.g., performance, seniority)? Was this a termination or a layoff? Discuss several of the things Michael did wrong. Did Michael do anything correctly? List potential advantages and disadvantages of telling an employee the reason s/he was fired. Were there any security risks associated with the company’s termination process that should have been addressed?

Employee Separations Voluntary separations (initiated by ____________) Quits vs. Retirements Involuntary separations (initiated by ____________) Discharges (dismissal) Layoffs Downsizing Rightsizing

Other Terms to Know Functional/Dysfunctional turnover _________________ Avoidable/Unavoidable turnover

Example Amanda has worked as an office manager for Dawgs Accounting for several years. She’s learned how to keep the office running smoothly. She decides to pursue a graduate degree and quits her job. The company is faced with a difficult situation in terms of finding a replacement because Amanda was an excellent employee. Circle each term that applies to the situation Voluntary/Involuntary Functional/Dysfunctional Avoidable/Unavoidable

Reasons for “rightful” discharge Insubordination Violating company policy Lying on job application Excessive lateness or absence Low productivity Incompetence Negligence Sleeping on the job Violating safety rules Stealing Fighting Gambling Alcohol/drug use/possession on the job Conviction of a crime Job obsolescence Economic downturn Inability to perform essential duties of job

Employee Separations Turnover rate is _______________________ Costs associated with employee separations Exit interviews Conducted when _________________

Employee Separations Checklist example Possible benefits of employee separations Planning & conducting a meeting Checklist example http://www.teagr.org/pdffiles/toolkits/termchecklist.pdf Benefits Counseling Employer property Access to records Exit interview

Managing Layoffs Alternatives to layoffs Employment policies ___________________

Alternatives to Layoffs Changes in pay and benefits policies ___________________ Furloughs Early retirements

Managing Early Retirements Main features of early retirement policies Problems that can occur if the organization offers early retirement

Implementing a Layoff What is the WARN (Worker Adjustment & Retraining Notification Act)? http://www.dol.gov/compliance/laws/comp-warn.htm Types of layoff criteria ___________ Communication Security concerns Layoff survivors Often experience _____________

Outplacement What is outplacement assistance? ________________________________________ Types of outplacement Emotional support outplacement - __________________ Job-search assistance outplacement - __________________