14-1 copyright ©2010 pearson education, inc. publishing as prentice hall respecting employee rights...

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Copyright ©2010 Pearson Education, Inc. publishing

as Prentice Hall

Respecting Employee Rights

and Managing Discipline

Chapter 14

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Employee Rights Management Rights Employee Rights Challenges Disciplining Employees Administering and Managing Discipline Managing Difficult Employees Preventing the Need for Discipline

within HR Management

Chapter 14 OverviewChapter 14 Overview

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Three types of employee rights:

Employee RightsEmployee Rights

Statutory right—protected by law Protection from discrimination Safe working conditions Right to union representation

Contractual rights—based on a contract Employment or Union contract Due process Implied Contract

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Other RightsOther Rights

Right to ethical treatment Psychological contract

Limited right to privacy Implicit in U.S. Constitution Privacy Act of 1974

Limited right to free speech More protection for

government employees Whistle-blowing exception

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Management RightsManagement Rights

Management Rights Right to run the business and retain profits Includes right to direct the workforce Often considered a residual right

Employment-at-Will Either party free to terminate employment Exceptions

Public policy expectations Implied contracts Lack of good faith and fair dealing

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Employee Rights ChallengesEmployee Rights Challenges

A Balancing Act

‣ Random drug testing‣ Electronic monitoring‣ Whistle-blowing‣ Restrictions on office

romance

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Random drug testing Random or probable cause testing? Handling false positives Ensuring security over specimens Use of alternative tests (e.g. performance)?

Electronic monitoring Used to fight employee theft Is seen as invasive Employees should be aware of devices

and how they are used

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Whistle-blowing Whistle-blowers often subject to retaliation Organization should have internal

procedures for reporting misconduct Must have support from top management

Restrictions on office romance Some organizations have “no dating”

policies Biggest problem in supervisor-subordinate

relationships

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Disciplining EmployeesDisciplining Employees

Progressive Discipline Verbal warning Written warning Suspension Discharge

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Categories of Employee Categories of Employee MisconductMisconduct

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Disciplining EmployeesDisciplining Employees

Positive Discipline Employees plays active role in changing

own behavior Emphasis on change, not punishment Management intervenes as more of a

counseloro Focus on learning from past mistakes

Requires training management and is time consuming

Can have positive effects on bottom line

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Due Process—important to those disciplined Fair and consistent treatment Two parts: Standards and Right to Appeal

Administering and Managing Administering and Managing DisciplineDiscipline

Basic Standards of Discipline Communication of rules and criteria Documentation of the facts Consistent response to rule violations

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The Just Cause Standard of The Just Cause Standard of DisciplineDiscipline Notification Reasonable rule Investigation before

the discipline Fair investigation Proof of guilt Absence of

discrimination Reasonable penalty The right to appeal

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Mistakes to Avoid When Mistakes to Avoid When Administering DisciplineAdministering Discipline

‣ Losing your temper‣ Avoiding

disciplinary action entirely

‣ Playing “therapist”‣ Making excuses for

an employee

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Poor Attendance Is the attendance rule reasonable? Has the employee been warned of the

consequences of poor attendance? Are there any mitigating circumstances

that should be taken into consideration?o Flextime for family demandso Job redesign if there is a pattern of

poor attendance within a work unit?

Managing Difficult EmployeesManaging Difficult Employees

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Poor Performance Does the employee need remedial training? Employees should be given opportunity to

improve Insubordination

Unwillingness to carry out managements directive

Two Exceptions o Illegal Activities o Safety Considerations

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Workplace Bullying Form of harassment Develop zero-tolerance policies for bullying

Alcohol and Illegal Drug UseOften masked by poor attendanceEAPs can be part of progressive discipline

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Can minimize the need for discipline if proactive in:Recruitment and SelectionTraining and DevelopmentHuman Resource PlanningPerformance AppraisalCompensation

Preventing the Need for Discipline Preventing the Need for Discipline within HRMwithin HRM

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Rights Employee—statutory, contractual, and other

Management—right to run business and earn profits Rights of both need to be balanced

Discipline Progressive—focus on punishment Positive—focus on change by employee

To avoid conflict, use due and appeals processes Can avoid need for discipline with proactive HRM

Summary and ConclusionsSummary and Conclusions

14-1 copyright ©2010 pearson education, inc. publishing as prentice hall respecting employee rights...

Documents

pearson education

types of employee rights

overview slide

exception slide

line slide

employee theft

office romance slide

fair dealing slide