respecting employee rights and managing discipline

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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Respecting Employee Rights and Managing Discipline14

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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?

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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Employee Rights Statutory Rights

• Protect from discrimination

• Safe working conditions

• Right to form unions

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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3 Types of Employee Rights

• Employment contract

• Union contract

• Implied contract

• Employment policies

Employee Rights Contractual Rights

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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3 Types of Employee Rights

• Ethical treatment

• Limited privacy

• Limited free speech

Employee Rights Other Rights

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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Create Healthy Work Environment

• Define clear expectations• Treat employees equitably• Avoid favoritism• Adhere to reasonable standards• Respect employees • Recognize employee contributions

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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Management Rights

• Run business and retain any profits• Manage workforce: hire, promote, assign,

discipline, discharge employees• Influenced by stakeholders• Employment at will

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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Employment at Will

Common-law rule…

asserts employer’s right to end their employment relationship with an employee at any time for any cause.

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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Whistle-blowing

• Employees use whistle-blowing to hold employers accountable

• Risky -- managers and employees often deal harshly with whistle-blower

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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Whistleblowers: Don’ts

• Do not assume laws will protect you • Do not run to the media • Do not expect money if you’re fired

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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Steps in Progressive Disciplinary Action

• Verbal warning• Written warning• Suspension• Discharge

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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?

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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?

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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

© 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

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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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?

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