Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Chapter 14 Respecting Employee Rights and Managing Discipline 14-1

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall  Understand the origins and scope of employee rights and management rights.  Explain why the HR department must balance management’s rights and employees’ rights when designing employment policies.  Describe the employment-at-will doctrine Chapter 14 Objectives

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall  Distinguish between progressive discipline procedures and positive discipline procedures.  Apply fair standards to a case of employee misconduct and justify the use of discipline.  Manage difficult people who challenge their supervisors with numerous problems.  Avoid disciplinary actions by taking a pro- active and strategic approach to HRM Chapter 14 Objectives

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-4 Employee Rights Types of employee rights:  Statutory right —protected by law  Protection from discrimination  Safe working conditions  Right to union representation  Contractual rights —based on a contract  Employment or Union contract  Due process  Implied Contract

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-5 Other Rights  Right to ethical treatment  Psychological Contract  Limited right to privacy  Implicit in U.S. Constitution  Privacy Act of 1974  Limited right to free speech  More protection for government employees  Whistle-blowing exception

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-6 Management Rights  Right to run the business and retain profits  Includes right to direct the workforce  Often considered a residual right  Employment-at-Will  Either party free to terminate employment  Exceptions  Public policy expectations  Implied contracts  Lack of good faith and fair dealing

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-7 Employee Rights Challenges A Balancing Act  Random drug testing  Electronic monitoring  Whistle-blowing  Restrictions on office romance

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-8 Employee Rights Challenges  Random drug testing  Random or probable cause testing  Handling false positives  Ensuring security over specimens  Use of alternative tests (e.g. performance)?  Electronic monitoring  Used to fight employee theft  Is seen as invasive  Employees should be aware of devices and how they are used

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall 14-9 Employee Rights Challenges Whistle-blowing Whistle-blowers often subject to retaliation Organization should have internal procedures for reporting misconduct Must have support from top management  Restrictions on office romance  Some organizations have “no dating” policies  Biggest problem in supervisor- subordinate relationships

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Disciplining Employees Progressive Discipline Verbal warning Written warning Suspension Discharge

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Categories of Employee Misconduct

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Disciplining Employees  Positive Discipline  Employees plays active role in changing own behavior  Emphasis on change, not punishment  Management intervenes as more of a counselor  Focus on learning from past mistakes  Requires training management and is time consuming  Positive effects on bottom line

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Administering and Managing Discipline  Due Process —important to those disciplined  Fair and consistent treatment  Two parts: Standards and Right to Appeal  Basic Standards of Discipline  Communication of rules and criteria  Documentation of the facts  Consistent response to rule violations

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall The Just Cause Standard of Discipline  Notification  Reasonable rule  Investigation before the discipline  Fair investigation  Proof of guilt  Absence of discrimination  Reasonable penalty  The right to appeal

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Mistakes to Avoid  Losing your temper  Avoiding disciplinary action entirely  Playing “therapist”  Making excuses for an employee

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Managing Difficult Employees  Poor Attendance  Is the attendance rule reasonable?  Has the employee been warned of the consequences of poor attendance?  Are there any mitigating circumstances that should be taken into consideration?  Flextime for family demands  Job redesign if there is a pattern of poor attendance within a work unit?

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Managing Difficult Employees  Poor Performance  Does the employee need remedial training?  Employees should be given opportunity to improve  Insubordination  Unwillingness to carry out managements directive  Two Exceptions  Illegal Activities  Safety Considerations

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Managing Difficult Employees  Workplace Bullying  Form of harassment  Develop zero-tolerance policies for bullying  Alcohol and Illegal Drug Use  Often masked by poor attendance  EAPs can be part of progressive discipline

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Preventing the need for discipline with HRM Can minimize the need for discipline if proactive in:  Recruitment and Selection  Training and Development  Human Resource Planning  Performance Appraisal  Compensation

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Summary and Conclusion  Rights  Employee—statutory, contractual, and other Management—right to run business and earn profits  Rights of both need to be balanced  Discipline  Progressive—focus on punishment  Positive—focus on change by employee  To avoid conflict, use due and appeals processes  Avoid need for discipline with proactive HRM

Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Printed in the United States of America.