employee rights and hr communications
TRANSCRIPT
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Chapter 4Employee Rights and HR Communications
Fundamentals of Human Resource ManagementEighth Edition
DeCenzo and Robbins
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Introduction
• Employee rights have become one of the more important human resource issues.
• The U.S. Constitution, laws, and Supreme Court rulings have increasingly constrained employer actions related to employee rights.
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Current Issues Regarding Employee Rights
• Drug Testing – The severity of substance abuse in
organizations has led to use of drug testing even by organizations not covered by the Drug-Free Workplace Act.
– Drug testing of current employees typically:• Offers rehabilitation to those who fail• Communicates that drugs will not be tolerated
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Current Issues Regarding Employee Rights
• Drug Testing – Should be done after a job offer is made.– Those who fail are generally no longer
considered. – Companies are
• Moving to more precise tests by using ones that do not involve body fluids
• Communicating clear policies and procedures
• Relating the testing program to safety and job performance.
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Current Issues Regarding Employee Rights
• Honesty Tests – Written tests to get applicants to
reveal information about their integrity.
– Legal alternative to polygraph– Used to predict theft and drug use– Multiple questions on the same topic
to assess consistency of responses. – Should not be used as the sole
criterion for a hiring decision.
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Current Issues Regarding Employee Rights
• Whistle-blowing – occurs when an employee reports his/her
employer to an outside agency over what the employee believes is an illegal or unethical practice.
– Sarbanes-Oxley Act protects employees from retaliation for reporting company wrongdoing.
– Laws protecting whistle-blowers vary by state.
– Many firms have voluntarily adopted policies to protect employees who identify problems.
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Current Issues Regarding Employee Rights
• Employee Monitoring and Workplace Security – Interests are protected against
• Theft
• Revealing of trade secrets to competitors• Using the customer database for personal gain
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Current Issues Regarding Employee Rights
• Employee Monitoring and Workplace Security – Must balance these security
needs with employee rights. – Develop and communicate
policies for monitoring• computer• e-mail
• telephone
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
The Employment-at-Will Doctrine
• The doctrine, based on common law, allows employers to dismiss employees at any time for any reason.
• Has been modified to prohibit termination based on race, religion, sex, national origin, age, or disability.
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
The Employment-at-Will Doctrine
• Exceptions to the Doctrine:– Contractual relationship: A legal
agreement exists defining how employee issues are handled.
– Statutory considerations: Federal and/or state laws can create exceptions
– Public policy violation: Employees cannot be fired for disobeying an illegal order from the employer
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
The Employment-at-Will Doctrine
• Exceptions to the Doctrine: – Implied employment contract: verbal or
written statements made by members of the organization, such as promises of job security or statements in an employee handbook.
– Breach of good faith: An employer breaches a promise or abuses its managerial powers.
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Discipline and Employee Rights
• Discipline– A condition where employees conduct
themselves in accordance with the organization’s rules and standards of acceptable behavior.
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Discipline and Employee Rights
• Factors to consider when disciplining – Seriousness of the problem
– Duration of the problem
– Frequency and nature of the problem
– Extenuating factors
– Degree of socialization
– History of organization’s discipline practices
– Management backing
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Discipline and Employee Rights
• The most frequent violations requiring disciplinary action involve– Attendance– On-the-job behaviors– Dishonesty – Outside activities
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Discipline and Employee Rights
• Disciplinary Guidelines – Make disciplinary action corrective rather
than penal.
– Make disciplinary action progressive; i.e. verbal warning, written warning, suspension, dismissal.
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Discipline and Employee Rights
• Disciplinary Guidelines – Follow the immediate response; ample
warning; consistency; impersonal.
– Allow employees to have a representative present for disciplinary meetings.
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Discipline and Employee Rights
• Disciplinary Actions – Written verbal warning– Written warning– Suspension– Dismissal
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Employee Counseling
• This approach is most appropriate when a performance problem is not amenable to training and development or mentoring and coaching.
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Employee Counseling
• Listen to the employee to uncover the reason for poor performance.
• Focus on performance-related behaviors
• Get the employee to accept the problem, and work to find solutions.
• Managers are not expected to solve employee’s personal problems
• Employee Assistance Program
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Using Employee Communications to Enhance Employee Rights
• Why Use an Employee Handbook? – Helps employees learn about the company– Provides central information source
concerning policies, work rules and benefits.
– Helps ensure that HRM policies will be fair, equitable, and consistently applied.
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Using Employee Communications to Enhance Employee Rights
• Using Information Technology for Employee Communications – Provides greater flexibility and
timeliness of information. – Networked communication - e-mail,
instant messaging, voice intranets and extranets, and the talking Internet.
– Wireless communications - microwave signals, satellites, radio waves and radio antennas, and infrared light rays
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Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Using Employee Communications to Enhance Employee Rights
• Why Companies Support Suggestion Programs – Allow employees to tell management what
they perceive they are doing right or wrong – Connected to other management systems,
such as continuous improvement processes
– Suggestions must be acknowledged and employees recognized for their efforts