hrm10echap16- employee rihgts and discipline

7/30/2019 HRM10eChap16- Employee Rihgts and Discipline

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Human Resource

ManagementTENTH EDITON

2003 Southwestern College Publishing. All rights reserved. PowerPoint Presentationby Charlie Cook

Employee Rights and

Discipline

Chapter 16

SECTION 5Employee

Relations

andGlobal HR

Robert L. Mathis John H. Jackson


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2002 Southwestern College Publishing. All rights reserved. 162

Learning Objectives

After you have read this chapter, you should beable to:

Explain the difference between statutory rights andcontractual rights.

Define employment-at-will and identify threeexceptions to it.

Describe what due process is and explain somemeans of alternative dispute resolution.

Identify employee rights associated with access toemployee records and free speech.


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Learning Objectives (contd)

Discuss issues associated with workplacemonitoring, surveillance, investigations, and drugtesting.

List elements to consider when developing an

employee handbook. Differentiate between the positive approach and the

progressive approach to discipline.


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Rights and Responsibilities Issues

Rights That which belongs to a person by law, nature, or

tradition.

Responsibilities

Obligations to be accountable for actions.

Statutory Rights

Rights based on specific laws and statutes passedby federal, state, and local governments.


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Typical Emp loyment Contract Provis ions

Figure 161


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Contractual Rights

Key Terms

Contractual Rights Rights based on a specific contractualagreement between employer and employee.

Separation Agreement Agreement in which an employee who isbeing terminated agrees not to sue the

employer in exchange for specified benefits.

Employment Contract Agreement that formally outlines the detailsof employment.

Non-CompeteAgreement

An agreement that prohibits an individualwho leaves the organization from competing

with the employer in the same line ofbusiness for a specified period of time.

Implied Contract The idea that a contract exists between theemployer and the employee based on theimplied promises of the employer.


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Employment Practices Liability Insurance

Employment Practices Liability Insurance (EPLI) Covers employers costs for legal fees, settlements,

and judgments associated with employment-relatedactions such as:

Discrimination Wrongful discipline

Sexual harassment

Wrongful termination

Negligent evaluation

Infliction of emotional distress

Breach of employment contract

Deprivation of career opportunity

Improper management of employee benefits



Rights Affecting the Employment Relationship

Employment-at-Will (EAW)A common law doctrine stating that employers have

the right to hire, fire, demote, or promotewhomever they choose, unless there is a law or

contract to the contrary. Employees have the right to quit and got another

job under the same constraints.

Wrongful Discharge

Termination of an individuals employment forreasons that are improper or illegal.

Fortune v. National Cash Register



Employment-at-Will (EAW)

Exceptions to EAW

Public Policy An employee can sue an employer if he orshe was fired for refusing the employersdemand to violate public policy (break thelaw).

Implied EmploymentContract

An employee can sue an employer if theemployers actions or inaction constitute animplied contract of continuing employment.

Good Faith and Fair

Dealing

If the employers unruly behavior breaks acovenant of good faith with the employee,

then that employee can sue the employer.



Sample

Employment-

at-Will

Statement

Figure 162


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Keys for Defense in Wrong ful Disch arge:

The Paper Trail

Figure 163


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Just Cause

Just Cause Reasonable justification for taking an employment-

related action.

Constructive Discharge

An employer deliberately makes working conditionsintolerable for an employee in an attempt to get (toforce) that employee to resign or quit.


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Due Process

Due Process The means used for individuals to explain and

defend their actions against charges or discipline.

Distributive Justice

Perceived fairness in the distribution of outcomes.

Procedural Justice

Perceived fairness of the process used to makedecision about employees.


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Criter ia for Just Cause and Due Process

Figure 164


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Alternative Dispute Resolution (ADR)

Organizational

Ombudsman

Arbitration Peer Review Panel

Alternative

Dispute

Resolution


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Examples of Four-Step ADR Appro aches

Figure 165

Source: Adapted from HR Shop Talk, Bulletin to Management, May 25, 2000, 166;

and Alternative Dispute Resolution, Bulletin to Management, August 3, 2001, 247.


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Balancing Employer Security Concerns

and Employee Rights

Right to Privacy

Defined in legal terms for individuals as thefreedom from unauthorized and unreasonable

intrusion into their personal affairs. Privacy Rights and HR Records:

Access to personal information held by employer

Response to unfavorable information in records

Correction of erroneous information Notification when information is given to a third

party


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Employee Records

ADA Provisions Employee medical records are to be kept as

separate confidential files available under limitedconditions specified in the ADA.

HR Records Security Restrict access to all HR records

Utilize confidential passwords to HRIS databases

Place sensitive information in separate files and

restricted databases Inform employees of types of data to retain

Purge outdated data from records

Release information only with employees consent


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Emp loyee Reco rd Fi les

Figure 166


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Employee Free Speech Rights

Tracking

Employee

Internet Usage

Advocacy of

Controversial

Views

Whistle-Blowing

Monitoring of

E-Mail/Voice Mail

Free

Speech

Rights


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Keeping Tabs on Employees Onl ine

Figure 167

Source: Adapted from data in Keeping Tabs in Employees

Online, Business Week, February 19, 2001, p. 16.


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Methods of Deal ing w ith Workplace Theft

Figure 168


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Impact of Subs tance Abuse on Emp loyers

Figure 169


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Drug Testing and Employee Rights

Arguments Against Drug Testing It violates employees privacy rights.

Drugs may not affect performance in every case.

Employers may abuse the results of tests.

Drug tests may be inaccurate. Test results can be misinterpreted.

Types of Drug Testing

Urinalysis

Hair immunoassay

Fit-for-duty tests for impairment


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Drug Testing

Conducting Drug Tests Random testing of all employee at periodic intervals

Testing only in cases of probable cause

Testing after accidents

When to Test (Conditions) Job consequences outweigh privacy concerns

Accurate test procedures are available

Written consent of the employee is obtained

Results are treated confidentially

Employers have a complete drug program,including an EAP.


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HR Policies, Procedures, and Rules

Policies General guidelines that focus organizational actions. Why we do it

Procedures

Customary methods of handling activities How we do it

Rules

Specific guidelines that regulate and restrict the

behavior of individuals. The limits on what we do


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Typical Division of HR Responsib i l i t ies:

Pol icies and Rules

Figure 1610


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Employee Handbooks

Legal Review of Language Eliminate controversial phrases in wording.

Use disclaimers disavowing handbook as a contract.

Keep handbook content current.

ReadabilityAdjust reading level of handbook for intended

audience of employees.

Use

Communicate and discuss handbook.

Notify all employees of changes in the handbook.


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Communicating HR Information

Communicating

HR Information

HR Publications

and MediaSuggestion

Systems

E-Mail and

Teleconferencing


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Employee Discipline

Discipline A form of training that enforces organizationalrules.

Positive Discipline Approach

1. Counseling2. Written Documentation

3. Final Warning (decision day-off)

4. Discharge


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Typical Divis ion of HR Responsib i l it ies: Discip l ine

Figure 1611


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Progressive Discip l ine Procedure

Figure 1612


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Reasons Why Discipline Might Not Be Used

Organization culture regarding discipline Lack of support by higher management

Guilt

Loss of friendship

Time loss

Fear of lawsuits


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The Hot Stove Rule

Good discipline (or a rule) is like a hot stove inthat:

It provides a warning (feels hot)

It is consistent (burns every time)

It is immediate (burns now) It is impersonal (burns all alike)


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Discharge: The Final Disciplinary Step

Handling Discharges Provide discharge warning at last disciplinary stepbefore termination.

Provide the employee with written notice of the

discharge that clearly states the reason(s) for thedischarge decision, do not try to sugarcoat thereason(s).

Have an HR representative attend the terminationmeeting as a witness.

Inform the employee of HR or benefits issues.

Maintain a professional demeanor at all times.

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