1. EMPLOYEE RIGHTS & DISCIPLINE
Please remember to turn off and put away cell phones.
EMPLOYEE RIGHTS & DISCIPLINE
MGT 3513
Introduction to Human Resource Management

2. Employee Rights A right Statutory rights vs. contractual rights
________________________________
Statutory rights vs. contractual rights
________________________
Common contract prohibition

3. Employee Rights Examples of employees rights Leave of absence
Injuries and illness rights
Employee pension/benefits rights
Whistle-blowing rights
Workers compensation rights

4. Employee Rights
Employers should demonstrate that an employee was fired for
“Just cause”
And that due process was demonstrated

5. Employee Rights Wrongful discharge _______________________________
Constructive discharge
_____________________________________
Retaliatory discharge

6. Example
Mary works as a lifeguard at a golf course. Over a period of time, she is harassed by another employee. Mary is not aware of any policies that her company has prohibiting harassment in the workplace, so she tries to do her job as best she can avoiding her coworker. However, the harassment finally becomes so severe that Mary quits.
What term would we use to describe Mary’s situation?

7. Example
Elaine, who works in a manufacturing setting, reports her company for an OSHA violation. When OSHA investigates the complaint, Elaine is interviewed and asked to provide additional details. After the investigation, OSHA imposes several high dollar fines on the company. The company dismissed Elaine following the incident. They don’t provide her with any reason for dismissal, so she assumes that the reason is related to the fact that she contacted OSHA.
What term would we use to describe Elaine’s situation?

8. Example
Patrick has worked for the same company for over 25 years. His company decides to offer an early retirement incentive. Patrick, who is not ready to retire, decides NOT to take the early retirement package. However, his company is ready to get him off the payroll because of his high salary. Patrick’s manager suggests that Patrick may be fired if he does not take the early retirement. As a result, Patrick does agree to the early retirement.
What term would we use to describe Patrick’s situation?

9. Employee Rights
Employees are limited in their right to _______________ in the workplace
Privacy Act of 1974
Employees are also limited in their right to _______________ in the workplace

10. Management Rights What are management rights? Employment at will
The three exceptions to employment at will
_______________________

11. Whistle-Blowing What is whistle-blowing?
_______________ sector employees generally have greater protection for whistle-blowing than ________________ sector employees

12. Employee Discipline Progressive discipline Positive discipline

13. Employee Discipline: Progressive Discipline
What is the primary benefit of progressive discipline?
_______________________________________
How is progressive discipline relevant to unemployment claims?
Downside of progressive discipline

14. Practical Tips - - Employee Discipline
Hot stove rule
Three basic standards for administering discipline
1. __________________________________________
__________________________________________
2. __________________________________________
3. __________________________________________

15. HRM and Discipline
Ideally, if HRM is done properly in the following areas…
Recruitment and Selection
Training and Development
Human Resource Planning
Performance Appraisal
Compensation
…there will be less of a need for disciplinary actions.

17. Discussion Questions: The Office - - Halloween Episode
What criteria did Michael use to determine who would be fired (e.g., performance, seniority)?
Was this a termination or a layoff?
Discuss several of the things Michael did wrong.
Did Michael do anything correctly?
List potential advantages and disadvantages of telling an employee the reason s/he was fired.
Were there any security risks associated with the company’s termination process that should have been addressed?

18. Employee Separations Voluntary separations (initiated by ____________)
Quits vs. Retirements
Involuntary separations (initiated by ____________)
Discharges (dismissal)
Layoffs
Downsizing
Rightsizing

19. Other Terms to Know Functional/Dysfunctional turnover
_________________
Avoidable/Unavoidable turnover

20. Example
Amanda has worked as an office manager for Dawgs Accounting for several years. She’s learned how to keep the office running smoothly. She decides to pursue a graduate degree and quits her job. The company is faced with a difficult situation in terms of finding a replacement because Amanda was an excellent employee.
Circle each term that applies to the situation
Voluntary/Involuntary
Functional/Dysfunctional
Avoidable/Unavoidable

21. Reasons for “rightful” discharge
Insubordination
Violating company policy
Lying on job application
Excessive lateness or absence
Low productivity
Incompetence
Negligence
Sleeping on the job
Violating safety rules
Stealing
Fighting
Gambling
Alcohol/drug use/possession on the job
Conviction of a crime
Job obsolescence
Economic downturn
Inability to perform essential duties of job

22. Employee Separations Turnover rate is _______________________
Costs associated with employee separations
Exit interviews
Conducted when _________________

23. Employee Separations Checklist example
Possible benefits of employee separations
Planning & conducting a meeting
Checklist example
Benefits
Counseling
Employer property
Access to records
Exit interview

24. Managing Layoffs Alternatives to layoffs Employment policies
___________________

25. Alternatives to Layoffs
Changes in pay and benefits policies
___________________
Furloughs
Early retirements

26. Managing Early Retirements
Main features of early retirement policies
Problems that can occur if the organization offers early retirement

27. Implementing a Layoff
What is the WARN (Worker Adjustment & Retraining Notification Act)?
Types of layoff criteria
___________
Communication
Security concerns
Layoff survivors
Often experience _____________

28. Outplacement What is outplacement assistance?
________________________________________
Types of outplacement
Emotional support outplacement - __________________
Job-search assistance outplacement - __________________