Human Resource Management Lecture 5 MGT 350

Last Lecture What is equal employment opportunity? Determining Potential Discriminatory Practices –The 4/5ths Rule –Restricted Policy –Geographical Comparisons –McDonnell-Douglas Test Three defenses: –Business necessity –Bona Fide occupations qualifications –Seniority System Comparable worth Glass ceiling

Topic Employee Rights and HR Communications

Introduction Employee rights have become one of the more important human resource issues. The laws have increasingly constrained employer ‘s actions related to employee rights.

Employee Rights Basic rights of employees. – Sick Leave – Public holiday – Weekly holiday – Minimum wage

Employment Rights Legislation and Its HRM Implications The Drug-Free Workplace –It is Important for the organization to provide a drug free environment. –Covered organizations must establish and disseminate policies provide substance-abuse awareness programs

Employment Rights Legislation and Its HRM Implications Drug-free policies must include: –What is expected of employees –Penalties for infractions of policies –Substance abuse awareness programs –Disseminated to all employees

Current Issues Regarding Employee Rights Drug Testing –The severity of substance abuse in organizations has led to use of drug testing. –Drug testing of current employees typically: Offers rehabilitation to those who fail Communicates that drugs will not be tolerated

Current Issues Regarding Employee Rights Drug Testing –Should be done after a job offer is made. –Those who fail are generally no longer considered. Communicating clear policies and procedures

Current Issues Regarding Employee Rights Honesty Tests –Written tests to get applicants to reveal information about their integrity. –Used to predict theft and drug use –Multiple questions on the same topic to assess consistency of responses. –Should not be used as the sole criterion for a hiring decision.

Current Issues Regarding Employee Rights Whistle-blowing –occurs when an employee reports his/her employer to an outside agency over what the employee believes is an illegal or unethical practice. –Many firms have voluntarily adopted policies to protect employees who identify problems.

Current Issues Regarding Employee Rights Employee Monitoring and Workplace Security Theft Revealing of trade secrets to competitors Using the customer database for personal gain

Current Issues Regarding Employee Rights Employee Monitoring and Workplace Security –Must balance these security needs with employee rights. –Develop and communicate policies for monitoring computer telephone

Current Issues Regarding Employee Rights Workplace Romance –Some companies try to prevent relationships between employees because of potential discrimination or sexual harassment issues –Others view romance as having a positive effect. –Many companies have issued policies and guidelines on how relationships at work may exist.

The Employment-at-Will Doctrine The doctrine, based on common law, allows employers to dismiss employees at any time for any reason. Has been modified to prohibit termination based on race, religion, sex, national origin, age, or disability.

Discipline and Employee Rights Discipline A system of rules of conduct or method of practice. The trait of being well behaved. –A condition where employees conduct themselves in accordance with the organization’s rules and standards of acceptable behavior.

Discipline and Employee Rights The most frequent violations requiring disciplinary action involve: –Attendance –On-the-job behaviors –Dishonesty –Outside activities

Discipline and Employee Rights Disciplinary Guidelines –Make disciplinary action corrective rather than punitive. –Make disciplinary action progressive; i.e. verbal warning, written warning, suspension, dismissal.

Discipline and Employee Rights Disciplinary Actions –Written verbal warning –Written warning –Suspension –Dismissal Less SevereMore Severe Verbal Warning Written Warning SuspensionDismissal

Discipline and Employee Rights Disciplinary Guidelines The stove is red so be careful. Warning is issued so no chance of another violation. Follow the Hot-stove rule; i.e. immediate response; ample warning.

Employee Counseling Direction or helpful suggestions regarding a decision or future course of action. This approach is most appropriate when a performance problem is not amenable to training and development or mentoring and coaching.

Employee Counseling Listen to the employee to uncover the reason for poor performance. Focus on performance-related behaviors Get the employee to accept the problem, and work to find solutions. Managers are not expected to solve employee’s personal problems Employee Assistance Program

Using Employee Communications to Enhance Employee Rights Why Use an Employee Handbook? –Helps employees learn about the company –Provides central information source concerning policies, work rules and benefits. –Helps ensure that HRM policies will be fair, equitable, and consistently applied.

Using Employee Communications to Enhance Employee Rights Why Use an Employee Handbook? –Creates sense of security and commitment –Can be used to provide information to new employees. –Must be seen as useful, concise, well-organized and must be continually updated.

Using Employee Communications to Enhance Employee Rights Using Information Technology for Employee Communications –Provides greater flexibility and timeliness of information. –Networked communication - , instant messaging, voice intranets and extranets, and the talking Internet. –Wireless communications - microwave signals, satellites, radio waves, radio antennas, and infrared light rays

Using Employee Communications to Enhance Employee Rights Complaint Procedures –Step 1: Employee-supervisor –Step 2: Employee-employer relations –Step 3: Employee-department head –Step 4: Employee-president

Using Employee Communications to Enhance Employee Rights Why Companies Support Suggestion Programs –Allow employees to tell management what they perceive they are doing right or wrong –Connected to other management systems, such as continuous improvement processes –Suggestions must be acknowledged and employees recognized for their efforts

Summary Basic rights of employees Honesty/Drug Tests Whistle-blowing Employee Monitoring and Workplace Security Theft Revealing of trade secrets to competitors Using the customer database for personal gain Workplace Romance The Employment-at-Will Doctrine

Summary Discipline Factors to consider when disciplining The most frequent violations requiring disciplinary action involve –Attendance –On-the-job behaviors –Dishonesty –Outside activities Make disciplinary action progressive; i.e. verbal warning, written warning, suspension, dismissal. Hot-stove rule; i.e. immediate response; ample warning. Employee Counseling. Why Use an Employee Handbook? Complaint Procedures