1. (c) 2007 by Prentice Hall14-1 Respecting Employee Rights and Managing Discipline Chapter 14

2. (c) 2007 by Prentice Hall14-2 Understand the origins and the scope of employee rights and management rightsUnderstand the origins and the scope of employee rights and management rights Explain why the HR department must balance management’s rights and employees’ rights when designing employment policiesExplain why the HR department must balance management’s rights and employees’ rights when designing employment policies Describe the employment-at-will doctrineDescribe the employment-at-will doctrine Distinguish between progressive discipline procedures and positive discipline proceduresDistinguish between progressive discipline procedures and positive discipline procedures Chapter 14 Overview

3. (c) 2007 by Prentice Hall14-3 Apply fair standards to a case of employee misconduct and justify the use of the disciplineApply fair standards to a case of employee misconduct and justify the use of the discipline Manage difficult people who challenge their supervisors with such problems as poor attendance, low performance, insubordination, and substance abuseManage difficult people who challenge their supervisors with such problems as poor attendance, low performance, insubordination, and substance abuse Avoid disciplinary actions by taking a proactive and strategic approach to HRMAvoid disciplinary actions by taking a proactive and strategic approach to HRM Chapter 14 Overview (cont’d)

4. (c) 2007 by Prentice Hall14-4 Statutory right – A right protected by specific laws.Statutory right – A right protected by specific laws. Contractual rights – A right based on the law of contracts.Contractual rights – A right based on the law of contracts. –Employment contract –Due process –Wrongful discharge Employee Rights

5. (c) 2007 by Prentice Hall14-5 Other Rights Right to ethical treatmentRight to ethical treatment Limited right to privacy: personnel file/Privacy Act of 1974Limited right to privacy: personnel file/Privacy Act of 1974 Limited right to free speechLimited right to free speech

6. (c) 2007 by Prentice Hall14-6 Management Rights Employment-at-willEmployment-at-will – Legal limitations to employment-at-will 1.Public policy expectations 2.Implied contracts – Lack of good faith and fair dealing

7. (c) 2007 by Prentice Hall14-7 Employee Rights Challenges A Balancing Act

8. (c) 2007 by Prentice Hall14-8 Employee Rights Challenges 1.Random drug testing 2.Electronic monitoring 3.Whistleblowing 4.Restrictions on office romance

9. (c) 2007 by Prentice Hall14-9 Electronic Monitoring

10. (c) 2007 by Prentice Hall14-10 Disciplining Employees Progressive DisciplineProgressive Discipline – Verbal warning – Written warning – Suspension – Discharge

11. (c) 2007 by Prentice Hall14-11 Categories of Employee Misconduct

12. (c) 2007 by Prentice Hall14-12 Disciplining Employees Positive Discipline – A discipline procedure that encourages employees to monitor their own behaviors and assume responsibility for their actions.Positive Discipline – A discipline procedure that encourages employees to monitor their own behaviors and assume responsibility for their actions.

13. (c) 2007 by Prentice Hall14-13 Basic Standards of Discipline Communication of rules and performance criteriaCommunication of rules and performance criteria Documentation of the factsDocumentation of the facts Consistent response to rule violationsConsistent response to rule violations Hot-stove ruleHot-stove rule Administering and Managing Discipline

14. (c) 2007 by Prentice Hall14-14 The Just Cause Standard of Discipline NotificationNotification Reasonable ruleReasonable rule Investigation before the disciplineInvestigation before the discipline Fair investigationFair investigation Proof of guiltProof of guilt Absence of discriminationAbsence of discrimination Reasonable penaltyReasonable penalty The right to appealThe right to appeal

15. (c) 2007 by Prentice Hall14-15 Poor Attendance Is the attendance rule reasonable?Is the attendance rule reasonable? Has the employee been warned of the consequences of poor attendance?Has the employee been warned of the consequences of poor attendance? Are there any mitigating circumstances that should be taken into consideration?Are there any mitigating circumstances that should be taken into consideration? Managing Difficult Employees

16. (c) 2007 by Prentice Hall14-16 Mistakes to Avoid When Administering Discipline 1.Losing your temper 2.Avoiding disciplinary action entirely 3.Playing therapist 4.Making excuses for an employee

17. (c) 2007 by Prentice Hall14-17 Managing Difficult Employees Poor performancePoor performance InsubordinationInsubordination Alcohol-related misconductAlcohol-related misconduct Illegal drug use and abuseIllegal drug use and abuse

18. (c) 2007 by Prentice Hall14-18 Recruitment and SelectionRecruitment and Selection Training and DevelopmentTraining and Development Human Resource PlanningHuman Resource Planning Performance AppraisalPerformance Appraisal CompensationCompensation Preventing the Need for Discipline with HRM

19. (c) 2007 by Prentice Hall14-19 Employment rightsEmployment rights Management rightsManagement rights Disciplining employeesDisciplining employees Administering and managing disciplineAdministering and managing discipline Managing difficult employeesManaging difficult employees Preventing the need for disciplinePreventing the need for discipline with HRM Summary and Conclusions