Irwin/McGraw-Hill Copyright © 2001 by The McGraw-Hill Companies, Inc. All rights reserved.

Irwin/McGraw-Hill Copyright © 2001 by The McGraw-Hill Companies, Inc. All rights reserved. 15 Chapter Fifteen Managing Employee Discipline LIST four behavioral categories of difficult employees DESCRIBE steps that can be taken to prevent theft by employees DISCUSS the elements of a disciplinary system DEFINE employment at will EXPLAIN why some employees are opposed to drug testing, even after an accident LEARNING OBJECTIVES

Irwin/McGraw-Hill Copyright © 2001 by The McGraw-Hill Companies, Inc. All rights reserved Managing Employee Discipline: The Discipline Process Diagnose internal and external factors in discipline situations Prescribe and implement appropriate remedial actions Evaluate the effectiveness of the discipline decisions Employee Rights Management Prerogative

Irwin/McGraw-Hill Copyright © 2001 by The McGraw-Hill Companies, Inc. All rights reserved. Ineffective Employees: Those whose quality or quantity of work is unsatisfactory Alcoholic and Substance-Abusing Employees: Those whose personal problems off the job begin to affect productivity on the job Participants in Theft and Other Illegal Acts: Those who violate laws while on the job Rule Violators: Those who consistently break company rules and do not respond to supervisory reactions 15-3 Managing Employee Discipline: Behavioral Categories

Irwin/McGraw-Hill Copyright © 2001 by The McGraw-Hill Companies, Inc. All rights reserved Drug Testing & Employee Discipline: Employee/Employer Viewpoints Employee’s perceived right to privacy or confidentiality DRUG TESTING Employer’s legitimate business & liability interests  Defamation of character claims  Negligence claims  Invasion of privacy claims  Insurance costs  Lawsuits  Productivity concerns  Safety & health concerns

Irwin/McGraw-Hill Copyright © 2001 by The McGraw-Hill Companies, Inc. All rights reserved Drug Testing & Employee Discipline: Common Legal Approaches DRUG TESTING FOR CAUSE Conducted for reasonable cause (e.g., after accidents) Courts generally uphold such drug testing for public & private employees DRUG TESTING TO ENSURE PUBLIC SAFETY Used by governments & transportation-related businesses Conducted in various forms by governments & transportation- related businesses POST-REHABILITATION OR EAP DRUG TESTING Conducted following professional diagnosis & treatment programs Recovering addicts, not current users, receive ADA protection

Irwin/McGraw-Hill Copyright © 2001 by The McGraw-Hill Companies, Inc. All rights reserved. Conducted at the will or discretion of an employer Employees often chosen through a random number generator program Raises considerable illegal search and seizure and privacy rights under the Fourth Amendment Must considerable applicable federal and state laws that may regulate employee drug testing Often the courts and some states forbid an employer from randomly drug testing its employees Drug Testing & Employee Discipline: Suspect Approaches 15-6 RANDOM DRUG TESTING

Irwin/McGraw-Hill Copyright © 2001 by The McGraw-Hill Companies, Inc. All rights reserved Employee Theft and Illegal Acts RECENT APPROACHES EMPHASIZE: Problem recognition Prevention Conflict confrontation INCLUDES THE USE OF: Security programs Pre-employment screening Other ways (see exhibit 15-2)

Irwin/McGraw-Hill Copyright © 2001 by The McGraw-Hill Companies, Inc. All rights reserved Approaches to Discipline HOT STOVE RULE Warning system Immediate burn Consistency Impersonality POSITIVE DISCIPLINE Considered more future-oriented Deemphasize punitive action Work with employees to solve disciplinary problems PROGRESSIVE DISCIPLINE Sequence of penalties for actions Penalties move from less severe to more severe Due process at work See example in Exhibit 15-6

Irwin/McGraw-Hill Copyright © 2001 by The McGraw-Hill Companies, Inc. All rights reserved Employment At Will Employment at will describes an employment relationship of an indefinite duration that may be terminated by an employee or employer at any time without notice for good cause, for no cause, or even for cause morally wrong. NON-STATUTORY EXCEPTIONS: Existence of an implied contract Covenant of good faith and fair dealing Violation of public policy

Irwin/McGraw-Hill Copyright © 2001 by The McGraw-Hill Companies, Inc. All rights reserved Employment at Will and Probationary Employees MOST COMMON TYPES OF PROBATION: Initial Hire or Rehire Probation Promotion or Transfer Probation Disciplinary Probation

Irwin/McGraw-Hill Copyright © 2001 by The McGraw-Hill Companies, Inc. All rights reserved Employment at Will & Probationary Employees: Some Employment-Related Issues Duration and Extensions of Probationary Periods Legal, but should be supported by job-related factors Benefits and Compensation New hires may be paid on two-tier scale & receive only mandated benefits Assessment and Training Broad authority to assess job related behaviors during probation Employment Law Probationary employees retain employment law protection