Employee Relations 1

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

Other Rights Right to ethical treatment Psychological contract Psychological contract  Limited right to privacy  Implicit in U.S. Constitution  Limited right to free speech  Whistle-blowing exception

Free Speech at Work? In 1996 a grocery store worker in Dallas was fired for wearing a Green Bay Packers T-shirt to work on the day before a Cowboys-Packers game. Employees have the right to express their religious preferences at work, by wearing a cross or a Star of David, for example. But most other forms of "self- expression" are not protected. 4/20/00 New York Times

Run the Business “Employment-at-Will”? 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. 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. Few exceptions which vary by state. Few exceptions which vary by state. Management Rights

Employee Rights Challenges A Balancing Act ‣Random drug testing ‣Electronic monitoring ‣Whistle-blowing ‣Restrictions on office romance

Employee Rights Challenges Whistle-blowing 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

Problem Behavior in the Workplace TardinessWithdrawal Safety infractions AbsenteeismTheftHarassmentSabotageViolence

Workplace Incivility Rude, discourteous, insensitive behaviors Violation of organizational norms May include: Crude behavior or words Crude behavior or words Unprofessional conduct Unprofessional conduct Disrespect, lack of respect for others Disrespect, lack of respect for others Failure to share credit or information Failure to share credit or information

Effects of Incivility Survey of 1,400 employees who reported being the target of incivility at work: 90% reported “ripple” effects 52% lost time worrying 24% put in less hours 28% wasted time avoiding instigator 22% decreased work effort 46% thought about quitting 12% eventually quit the company Pearson, Andersson, Porath and Wegner, 2000

Causes of Incivility   Perceived lack of support from the organization   Negative perception of work situation held by employee   Personality type

Spiraling Patterns A B

Spiraling Patterns ABABCDCDABABABABCDCDABAB Incivility spreads through the workplace… …or leads to turnover.

HR Employee Discipline Basics Document, Document, Document Document, Document, Document Clearly communicate rules and expectations Clearly communicate rules and expectations Be consistent in responding to rule violations Be consistent in responding to rule violations Ignoring problems almost always makes them worse Ignoring problems almost always makes them worse Use the performance appraisal process if possible Use the performance appraisal process if possible Look for mitigating factors in performance problems Look for mitigating factors in performance problems See all sides of the issue See all sides of the issue Be ready to counsel managers on company policies and options for dealing with employees Be ready to counsel managers on company policies and options for dealing with employees Use common sense Use common sense

Importance of Good Discipline Turnover is expensive Turnover is expensive Behavior may escalate to aggression or violence Behavior may escalate to aggression or violence Sets precedents that erode values and culture Sets precedents that erode values and culture Impacts productivity and customer service Impacts productivity and customer service Employees react to how co-workers are treated Employees react to how co-workers are treated Ignoring problem behavior may lead to perceptions of inequity in other employees Ignoring problem behavior may lead to perceptions of inequity in other employees

Considerations in Disciplinary Investigations In very specific terms, what is the offense charged? In very specific terms, what is the offense charged? Did the employee know he or she was doing something wrong? Did the employee know he or she was doing something wrong? Is the employee guilty? Is the employee guilty? Are there extenuating circumstances? Are there extenuating circumstances? Has the rule been uniformly enforced? Has the rule been uniformly enforced? Is the offense related to the workplace? Is the offense related to the workplace? What is the employee’s past work record? What is the employee’s past work record?

Documentation of Employee Misconduct Date, time, and location of the incident(s) Date, time, and location of the incident(s) Description of the problem/misconduct Description of the problem/misconduct Consequences of misconduct on employee and/or work unit Consequences of misconduct on employee and/or work unit Prior discussions with employee about conduct Prior discussions with employee about conduct Disciplinary action to be taken and specific improvement expected Disciplinary action to be taken and specific improvement expected Consequences for employee if behavior is not changed and follow-up date Consequences for employee if behavior is not changed and follow-up date Reaction of employee to supervisor’s efforts Reaction of employee to supervisor’s efforts Names of witnesses to incident Names of witnesses to incident

The Investigative Interview Conduct of an Interview Concentrate on how the offense violated the performance and behavior standards of the job. Concentrate on how the offense violated the performance and behavior standards of the job. Avoid getting into personalities or areas unrelated to job performance. Avoid getting into personalities or areas unrelated to job performance. The employee must be given a full opportunity to explain his or her side of the issue. The employee must be given a full opportunity to explain his or her side of the issue.

Progressive Discipline Progressive discipline procedures dictate specific warning steps depending on the persistence of the behavior. Verbal warning – talk to the employee Verbal warning – talk to the employee Written warning Written warning Suspension Suspension Dismissal Dismissal Gross misconduct grounds for discharge.

Encourages employees to assume responsibility for their actions. Supervisor uses counseling skills to motivate the employee to change. Supervisors must receive appropriate training. Supervisors must receive appropriate training. Supervisor and employee agree on goals and methods for addressing problem behavior. Supervisor and employee agree on goals and methods for addressing problem behavior. Companies use “discipline days” to communicate seriousness and commitment. Also ends with discharge Positive Discipline

“Just Cause” Termination Was the employee warned of the disciplinary consequences of misconduct? Were management’s requirements of the employee reasonable? Was it established that the employee’s performance was unsatisfactory? Was an investigation conducted in a fair and objective manner? Is there sufficient evidence of proof of guilt as charged? Was the employee treated the same as other employees in similar circumstances? Did the discharge fit the misconduct, the employee’s service record, and any mitigating circumstances?

Discharges That Violate Public Policy An employer may not terminate an employee for: Refusing to commit perjury on the employer’s behalf Refusing to commit perjury on the employer’s behalf Cooperating with a government agency in the investigation of a charge or giving testimony Cooperating with a government agency in the investigation of a charge or giving testimony Refusing to violate a professional code of conduct Refusing to violate a professional code of conduct Reporting OSHA infractions Reporting OSHA infractions Refusing to support a law or a political candidate favored by the employer Refusing to support a law or a political candidate favored by the employer “Whistle-blowing,” or reporting illegal conduct by the employer “Whistle-blowing,” or reporting illegal conduct by the employer Informing a customer that the employer has stolen property from the customer Informing a customer that the employer has stolen property from the customer Complying with a summons to jury duty Complying with a summons to jury duty

Avoiding Wrongful Termination Lawsuits Terminate only if there is an articulated reason. Terminate only if there is an articulated reason. Set and follow termination rules and schedules. Set and follow termination rules and schedules. Document all performance problems. Document all performance problems. Be consistent with employees in similar situations. Be consistent with employees in similar situations. “Constructive discharge” is prohibited. An employee voluntarily terminates his or her employment because of harsh, unreasonable employment conditions placed on the individual by the employer. An employee voluntarily terminates his or her employment because of harsh, unreasonable employment conditions placed on the individual by the employer. “Retaliation discharge” is prohibited.

Avoiding Wrongful Termination Lawsuits Retaliation Discharge Title VII, the ADEA, the ADA, and other laws prohibit employers from retaliating against employees when they exercise their rights under these statutes. Title VII, the ADEA, the ADA, and other laws prohibit employers from retaliating against employees when they exercise their rights under these statutes. Proper handling of these employees involves: Proper handling of these employees involves: Taking no adverse employment action against employees when they file discrimination charges. Taking no adverse employment action against employees when they file discrimination charges. Treating the employees consistently and objectively. Treating the employees consistently and objectively. Harboring no animosity toward the employees when they file discrimination lawsuits. Harboring no animosity toward the employees when they file discrimination lawsuits.

Citizenship Behaviors “… individual behavior that is discretionary, not directly or explicitly recognized by the formal reward system, and that in the aggregate promotes the effective functioning of the organization. By discretionary, we mean that the behavior is not an enforceable requirement of the role or the job description, that is, the clearly specifiable terms of the person's employment contract with the organization; the behavior is rather a matter of personal choice, such that its omission is not generally understood as punishable."

Types of Citizenship Behaviors   Altruism/ Helping Behavior   Organization Loyalty   Organization Compliance   Civic Virtue   Individual Initiative   Self Development   Sportsmanship

Causes of Citizenship Behaviors   Supportive work environment   Personality type   Group Cohesion   Organization Identity   Role perception   Leadership support

Rights Employee—statutory, contractual, and other Management—right to run business and earn profits Employee—statutory, contractual, and other Management—right to run business and earn profits Rights of both need to be balanced Rights of both need to be balancedDiscipline Progressive—focus on punishment Progressive—focus on punishment Positive—focus on change by employee Positive—focus on change by employee To avoid conflict, use due and appeals processes Can avoid need for discipline with proactive HRM Summary and Conclusions