1Spring 2008

Employee Relations Issues

Policies, procedures, rules Employee discipline Grievances Employee rights

2Spring 2008

Policies, Procedures and Rules

Policies: A general guideline For example: “XYZ, Inc. does not tolerate sexual harassment”

Procedures A customary method For example: the steps for reporting sexual harassment

Rules A specific guideline (“programmed decision”) For example: sexually harassing a subordinate is cause for

termination

3Spring 2008

About Rules, Policies, and Procedures Why?

To ensure consistent treatment (i.e., fairness, procedural justice)

To reduce time demands (programmed decisions)

How communicatedEmployee handbooksPolicy and procedure manuals

4Spring 2008

Effective PPR

Internally consistent Only those that are necessary Applicable Understandable Reasonable Distributed and communicated Enforced

5Spring 2008

Employee Discipline

Establishing discipline Progressive discipline Why managers don’t discipline employees Why managers punish too soon

6Spring 2008

Establishing DisciplineEstablish

Rules

ChangeInappropriate

Behavior

CommunicateRules

AssessBehavior

7Spring 2008

Progressive Discipline

What it is? Gradual movement from less to more severe penalties

Why? Fair treatment for employees (chance to improve) Preserve company’s investment in employees Maintain employee morale Ethical considerations Professional approach to discipline Legal considerations

8Spring 2008

Steps in Progressive Discipline

General steps Verbal warning Verbal caution (recorded) Formal written reprimand Suspension (paid or unpaid) Demotion or termination

May start at a higher level for more severe offences (for example, immediate termination for drug use)

9Spring 2008

Why Managers Don’t Discipline Employees1. Lack of training2. Lack of support from above3. Fear of acting alone4. Guilt5. Loss of friendships6. Loss of time7. Fear of losing one’s temper8. Rationalization9. Lack of appropriate policies and rules10. Fear of lawsuits

10Spring 2008

Why Managers Punish Too Soon1. Lack of training

2. Not aware of alternatives

3. Fast, quick solution to problems

4. Personal gratification

5. Frustration

6. Belief that punishment is the best way to change employee behavior

11Spring 2008

Employment at Will

Common law doctrine: Employers may hire, fire, demote and promote whomever they choose,

unless a law exists to the contrary Depends on state courts’ interpretations

General exceptions to EAW: Public policy

Violation of law Filing workers’ comp claim Refusal to commit illegal acts)

Implied employment contract (the employee handbook) Good faith and fair dealing

12Spring 2008

Just Cause

Reason for termination stems from a job-related, work performance problem

Employee knew that the problem could result in termination

If necessary, a fair and impartial investigation has been conducted (and documented)

Substantial evidence supports firing employee Firing is not an unusually harsh action Problems are handled consistently

13Spring 2008

Grievances

Procedure for dealing with employee dissatisfaction with management action

Found in union and many non-unionized organizations (FedEx, for example)

Involves appeals through various levels of management, sometimes hearing by management / employee panel

14Spring 2008

Employee Rights

Access to personnel records Substance abuse / drug testing Medical records and genetic testing Off-the-job activities Polygraphs and honesty testing Miscellaneous

Email and employee monitoring Whistle blowing Right to be aware of hazards Plant and facility closings

15Spring 2008

Access to Personnel Records

Unauthorized individuals should not have access Individual records are confidential information Employer has responsibility to take reasonable precautions to

ensure this

However, the employee has right to see his / her records Employee also has the right to:

Respond to unfavorable information and correct erroneous information

Be notified (or possibly consent) if information is released to a third party

Know how information is used internally

16Spring 2008

Substance Abuse and Drug Testing

Occurs in at least 85% of U.S. firms Why?

AbsenteeismTurnoverAccidents and workers’ compensation claimsHealth care costsPublic safety

17Spring 2008

Who Gets Tested?

New hires (after conditional offer of employment)

Probable cause (such as accidents) Employees at random

In certain industries, such as transportationAs a condition of being given a second

chance

18Spring 2008

Medical Records and Genetic Testing Employee medical records:

Must be kept separate from other personnel records Medical conditions not grounds for dismissal if

employee can perform the job

Genetic testing: Are employee, spouse or dependents at risk for

developing an expensive-to-treat medical condition? But…a certainty or just a predisposition? Reluctance to hire and ADA

19Spring 2008

Off-the-Job Activities

Dating Smoking Language issues

20Spring 2008

Dating at Work

Possibility of conflict of interest if employee is dating a competitor’s employee

Possible perceptions (or reality !) of sexual harassment

Employer’s moral standards (WalMart case) Nepotism

More and more, spouses and relatives are allowed to work for same employer

Normally,not allowed to work in same unit, one can’t supervise the other

21Spring 2008

Smoking

The employer can prohibit / restrict at work Difficult to forbid off-the-job (how to enforce?) No federal protection, but smokers may be

protected under state law (including Tennessee) Some employers can ban smoking (primarily around

children)

22Spring 2008

Language Issues

Can employees speak a language other than English at work?Yes, on breaksNo, not at work

23Spring 2008

Polygraphs and Honesty Testing

Polygraphs Now illegal for pre-employment screening in most

instances Can be used for security agencies, governments,

manufacturers of controlled substances Can be used (with employee’s consent) for internal

investigations of theft or losses Honesty testing

A substitute for the polygraph? Test validity?????

24Spring 2008

Miscellaneous Issues

E-mail and other employee monitoring Employers are free to read email and monitor

productivity and other activities Internet screens Do need to notify employees that they are being

monitored Whistle blowing Right to be aware of hazards (OSHA) Notification of plant and facility closings (WARN)