1. 14-1 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Respecting Employee Rights and Managing Discipline Chapter 14

2. 14-2 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall  Employee Rights  Management Rights  Employee Rights Challenges  Disciplining Employees  Administering and Managing Discipline  Managing Difficult Employees  Preventing the Need for Discipline within HR Management Chapter 14 Overview

3. 14-3 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Three types of employee rights: 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

4. 14-4 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall 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

5. 14-5 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall 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

6. 14-6 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Employee Rights Challenges A Balancing Act ‣Random drug testing ‣Electronic monitoring ‣Whistle-blowing ‣Restrictions on office romance

7. 14-7 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall 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

8. 14-8 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall 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

9. 14-9 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Disciplining Employees  Progressive Discipline  Verbal warning  Written warning  Suspension  Discharge

10. 14-10 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Categories of Employee Misconduct

11. 14-11 Copyright ©2010 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 o Focus on learning from past mistakes  Requires training management and is time consuming  Can have positive effects on bottom line

12. 14-12 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall  Due Process —important to those disciplined  Fair and consistent treatment  Two parts: Standards and Right to Appeal Administering and Managing Discipline  Basic Standards of Discipline  Communication of rules and criteria  Documentation of the facts  Consistent response to rule violations

13. 14-13 Copyright ©2010 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

14. 14-14 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Mistakes to Avoid When Administering Discipline ‣ Losing your temper ‣ Avoiding disciplinary action entirely ‣ Playing “therapist” ‣ Making excuses for an employee

15. 14-15 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall  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? o Flextime for family demands o Job redesign if there is a pattern of poor attendance within a work unit? Managing Difficult Employees

16. 14-16 Copyright ©2010 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 o Illegal Activities o Safety Considerations

17. 14-17 Copyright ©2010 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

18. 14-18 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Can minimize the need for discipline if proactive in:  Recruitment and Selection  Training and Development  Human Resource Planning  Performance Appraisal  Compensation Preventing the Need for Discipline within HRM

19. 14-19 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall  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  Can avoid need for discipline with proactive HRM Summary and Conclusions