1. Managing Human Resources Bohlander  Snell  Sherman
Notes
Chapter 13
Employee Rights
and Discipline

2. Learning Objectives
Explain the concepts of employment-at-will, wrongful discharge, implied contract, and constructive discharge.
Identify the job expectancy rights of employees.
Explain the process of establishing disciplinary policies, including the proper implementation of organizational rules.
Discuss the meaning of discipline and how to investigate a disciplinary problem.

3. Learning Objectives, cont.
Explain two approaches to disciplinary action.
Identify the different types of alternative dispute-resolution procedures.
Discuss the role of ethics in the management of human resources.

4. Employee Rights Topics
Wrongful discharge
Substance abuse and drug testing
Employee searches and surveillance
Plant closing notification
Access to employee personnel files
Smoking in the workplace
Employee conduct away from organization

5. Employee Rights Guarantees of fair treatment from
employers, particularly regarding
an employee’s right to privacy

6. Negligence Failure to provide reasonable care where
such failure results in injury to consumers
or other employees

7. Employment-at-Will Principle
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

8. Presentation Slide 13-1 Employment-at-Will and Wrongful Discharge
Violation of Public Policy
Exceptions to Employment at Will
Implied Contract
Implied Covenant

9. Presentation Slide 13-1 Exceptions to Employment-at-Will Doctrine
Violations to public policy -- wrongful discharge for acts protected by law
Implied contract -- wrongful discharge contrary to employer oral or written promises
Implied covenant --wrongful discharge for a lack of fair dealing on part of employer

10. Implied Contract Guarded Conversations
State Termination Notice in Offers
Publish Employment-at- Will Statements
Get Signed Statements of Understanding

11. Constructive Discharge
An employee voluntarily terminates his
or her employment because of harsh,
unreasonable employment conditions placed
on the individual by the employer

12. Presentation Slide 13-2 Privacy Concerns
Substance Abuse and Drug Testing
Searches and Surveillance
Access to Personnel Files
and Voice Mail
Conduct Outside the Workplace
Genetic Testing
Employee Privacy vs Employer Obligations

13. Setting Organizational Rules
Publish Widely
Keep in Writing
Guidelines for
Smooth Implementation of Organizational Rules
Review Regularly
Be Reasonable
Explain Reasons
Get Signed Statements of Understanding
Be Timely

14. Presentation Slide 13-3

15. Hot-Stove Rule Rule of discipline that can be compared
with a hot stove in that it gives warning,
is effective immediately, is enforced consistently, and applies to all employees
in an impersonal and unbiased way

16. Discipline (1) Treatment that punishes; (2) orderly
behavior in an organizational setting;
or (3) training that molds and strengthens
desirable conduct—or corrects undesirable
conduct—and develops self-control

17. Presentations Slide 13-4 Disciplinary Action for Violation of Rules
Are rules fair and reasonable?
Have rules been communicated sufficiently to make employee aware of them?
Have rules been enforced previously?
Should and did employee receive prior warning?
Is employee being singled out as an example?

18. Progressive Discipline
Application of corrective measures
by increasing degrees

19. Positive, or Nonpunitive, Discipline
System of discipline that focuses
on the early correction of employee misconduct, with the employee
taking total responsibility
for correcting the problem

20. Positive Discipline Procedure
First Conference
(Oral Reminder)
Second Conference
(Written Reminder)
Decision-Making Leave/Decision Day
Unsolved
Unsolved
Unsolved
Recognition and Reinforcement
Terminate

21. Do clear and objective performance standards exist?
Presentation Slide 13-5 Disciplinary Action for Unsatisfactory Performance
Do clear and objective performance standards exist?
Has employee received proper orientation and training?
Is the unsatisfactory performance caused by conditions beyond employees’ control?
Has employee been given adequate warning and time to improve performance?
Are the other employees meeting performance standards?

22. Presentation Slide 13-6 Work Record Documentation
Date, time, and location of incident
Nature of misconduct
Consequences of misconduct on work unit
Prior discussions with employee
Disciplinary action taken and improvement expected
Reaction of employee
Appropriate witnesses

23. Considerations When Discharging Employees
What is the employee’s length of service?
What is the employee’s previous service record?
Did employee receive warning and lesser penalties, i.e., progressive discipline?
Did employer use every means possible to avoid the discharge?
Are there any evidences of prejudice or bias toward employee?

24. Due Process Employee’s right to present his or her
position during a disciplinary action

25. Employee Rights: Due Process
Principles of
Due
Process
Right to Know
Right to Consistent Treatment
Right to Fair Discipline
Right to Appeal
Right to Progressive Discipline

26. Appealing Disciplinary Action
Employee
Supervisor
Department Head
Conventional
Step-Review
Appeal
Procedure
HR Department
Top Management

27. Alternative Dispute Resolution (ADR)
Term applied to different types
of employee complaint or
dispute-resolution procedures

28. Presentation Slide 13-7 Alternative Dispute Resolution Procedures
Step-Review Systems
Peer-Review Systems
Hearing Officer
Open-Door Policy
Ombudsman System
Arbitration

29. Step-Review System System for reviewing employee
complaints and disputes by successively
higher levels of management

30. Peer-Review System System for reviewing employee complaints
that uses a group composed of equal numbers
of employee representatives and management
appointees. It functions as a jury since its
members weigh evidence, consider
arguments, and after deliberation vote
independently to render a final decision

31. Hearing Officer Person who holds a full-time position
with an organization but assumes a
neutral role when deciding cases between
the aggrieved employees and management

32. Open-Door Policy Policy of settling grievances that
identifies various levels of management
above the immediate supervisor
for employee contact

33. Ombudsman Designated individual from whom employees may seek counsel
for the resolution of their complaints

34. Ethics Set of standards of conduct and moral
judgments that help to determine
right and wrong behavior