1. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 1 Respecting Employee Rights and Managing Discipline 14

2. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 2 Challenges What are the origins and the scope of employee rights and management rights? What is employment-at-will? How does progressive discipline differ from positive discipline? How can supervisors manage difficult employees? How can disciplinary actions be avoided?

3. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 3 Employee Rights Statutory Rights Protect from discrimination Safe working conditions Right to form unions

4. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 4 3 Types of Employee Rights Employment contract Union contract Implied contract Employment policies Employee Rights Contractual Rights

5. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 5 3 Types of Employee Rights Ethical treatment Limited privacy Limited free speech Employee Rights Other Rights

6. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 6 Creating Ethical and Fair Work Environment Develop trust Honor commitments Act consistently Be truthful and avoid white lies Avoid manipulating others Keep confidences Show concern for others

7. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 7 Create Healthy Work Environment Define clear expectations Treat employees equitably Avoid favoritism Adhere to reasonable standards Respect employees Recognize employee contributions

8. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 8 Management Rights Run business and retain any profits Manage workforce: hire, promote, assign, discipline, discharge employees Influenced by stakeholders Employment at will

9. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 9 Employment at Will Common-law rule… asserts employer’s right to end their employment relationship with an employee at any time for any cause.

10. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 10 Legal Limitations to Employment at Will: Public Policy Exceptions Courts ruled that an employee cannot be discharged for activities protected by law: File legitimate workers’ compensation claim Exercise a legal duty, such as jury duty Refuse to violate a code of ethics Refuse to support a political candidate favored by employer

11. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 11 Legal Limitations to Employment at Will: Implied Contracts May exist when employer makes oral or written promises of job security Write employee handbook to eliminate language that could imply a contract Treat each party in good faith

12. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 12 Random Drug Testing Required by law for specific occupations where safety is critical May be challenged where employer has other methods available to ensure drug- free work environment

13. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 13 Electronic Monitoring May help deter theft Increased sophistication of computer and telephone technology is costly Employees see electronic monitoring as legitimate when it is used to control theft

14. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 14 Whistle-blowing Employees use whistle-blowing to hold employers accountable Risky -- managers and employees often deal harshly with whistle-blower

15. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 15 Whistle-blowing: Do’s Make sure allegation is correct Document observations and attempts to rectify the problem Keep documentation outside the office Find out if state protects whistle-blowers Talk to your family about repercussions

16. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 16 Whistleblowers: Don’ts Do not assume laws will protect you Do not run to the media Do not expect money if you’re fired

17. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 17 Effective Disciplinary Sessions Is discipline called for Is problem isolated infraction or a pattern Identify clear, specific goals Engage in two-way discussion Identify a plan Follow-up End on a positive note

18. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 18 Steps in Progressive Disciplinary Action Verbal warning Written warning Suspension Discharge

19. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 19 Positive Discipline Encourage employees to monitor their own behaviors and assume responsibility for their actions Supervisor uses counseling skills to motivate the employee to change Train supervisors in giving feedback and using positive discipline

20. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 20 Just Cause Standard of Discipline Notification Was employee forewarned of disciplinary consequences of his or her conduct? Reasonable Rule Was the rule the employee violated reasonably related to safe and efficient operations? Investigation Before the Discipline Did managers conduct an investigation into misconduct before administering discipline?

21. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 21 Just Cause Standard of Discipline Fair Investigation Was investigation fair and impartial? Proof of Guilt Did investigation provide substantial evidence or proof of guilt? Absence of Discrimination Were rules, orders and penalties of disciplinary action applied without discrimination? Reasonable Penalty Was disciplinary penalty reasonably related to seriousness of rule violation?

22. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 22 When Administering Discipline… Never lose your temper Tackle disciplinary action head on, do not avoid it Never play therapist Make sure employee assumes responsibility for change

23. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 23 Prevent Need for Discipline with Proper HR Management Many of the functional areas of HR can be designed to prevent problem employees: –Recruitment and Selection –Training and Development –Human Resource Planning –Performance Appraisal –Compensation

24. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. (c) 2007 by Prentice Hall 14-24 Managing Difficult Employees Poor performance Insubordination Alcohol-related misconduct Illegal drug use and abuse

25. © 2004 by Prentice Hall Terrie Nolinske, Ph.D. 14 - 25 What systems can be put into place to assure that all employees follow the business’ code of ethics? How can department managers work with HR staff to do this? Case