Managing Human Resources Bohlander  Snell  Sherman Notes Chapter 13 Employee Rights and Discipline

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.

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.

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

Employee Rights Guarantees of fair treatment from employers, particularly regarding an employee’s right to privacy

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

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

Presentation Slide 13-1 Employment-at-Will and Wrongful Discharge Violation of Public Policy Exceptions to Employment at Will Implied Contract Implied Covenant

Presentation Slide 13-1 Exceptions 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

Implied Contract Guarded Conversations State Termination Notice in Offers Publish Employment-at- Will Statements Get Signed Statements of Understanding

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

Presentation Slide 13-2 Privacy 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

Setting Organizational Rules Publish Widely Keep in Writing Guidelines for Smooth Implementation of Organizational Rules Review Regularly Be Reasonable Explain Reasons Get Signed Statements of Understanding Be Timely

Presentation Slide 13-3

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

Discipline (1) Treatment that punishes; (2) orderly behavior in an organizational setting; or (3) training that molds and strengthens desirable conduct—or corrects undesirable conduct—and develops self-control

Presentations Slide 13-4 Disciplinary 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?

Progressive Discipline Application of corrective measures by increasing degrees

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

Positive Discipline Procedure First Conference (Oral Reminder) Second Conference (Written Reminder) Decision-Making Leave/Decision Day Unsolved Unsolved Unsolved Recognition and Reinforcement Terminate

Do clear and objective performance standards exist? Presentation Slide 13-5 Disciplinary 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?

Presentation Slide 13-6 Work 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

Considerations When Discharging Employees What is the employee’s length of service? What is the employee’s 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?

Due Process Employee’s right to present his or her position during a disciplinary action

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

Appealing Disciplinary Action Employee Supervisor Department Head Conventional Step-Review Appeal Procedure HR Department Top Management

Alternative Dispute Resolution (ADR) Term applied to different types of employee complaint or dispute-resolution procedures

Presentation Slide 13-7 Alternative Dispute Resolution Procedures Step-Review Systems Peer-Review Systems Hearing Officer Open-Door Policy Ombudsman System Arbitration

Step-Review System System for reviewing employee complaints and disputes by successively higher levels of management

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

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

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

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

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