hrm10echap16- employee rihgts and discipline
TRANSCRIPT
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
1/35
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
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
2/35
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.
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
3/35
2002 Southwestern College Publishing. All rights reserved. 163
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.
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
4/35
2002 Southwestern College Publishing. All rights reserved. 164
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.
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
5/35
2002 Southwestern College Publishing. All rights reserved. 165
Typical Emp loyment Contract Provis ions
Figure 161
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
6/35
2002 Southwestern College Publishing. All rights reserved. 166
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.
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
7/35 2002 Southwestern College Publishing. All rights reserved. 167
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
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
8/35 2002 Southwestern College Publishing. All rights reserved. 168
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
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
9/35 2002 Southwestern College Publishing. All rights reserved. 169
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.
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
10/35 2002 Southwestern College Publishing. All rights reserved. 1610
Sample
Employment-
at-Will
Statement
Figure 162
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
11/35
2002 Southwestern College Publishing. All rights reserved. 1611
Keys for Defense in Wrong ful Disch arge:
The Paper Trail
Figure 163
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
12/35
2002 Southwestern College Publishing. All rights reserved. 1612
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.
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
13/35
2002 Southwestern College Publishing. All rights reserved. 1613
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.
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
14/35
2002 Southwestern College Publishing. All rights reserved. 1614
Criter ia for Just Cause and Due Process
Figure 164
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
15/35
2002 Southwestern College Publishing. All rights reserved. 1615
Alternative Dispute Resolution (ADR)
Organizational
Ombudsman
Arbitration Peer Review Panel
Alternative
Dispute
Resolution
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
16/35
2002 Southwestern College Publishing. All rights reserved. 1616
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.
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
17/35
2002 Southwestern College Publishing. All rights reserved. 1617
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
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
18/35
2002 Southwestern College Publishing. All rights reserved. 1618
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
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
19/35
2002 Southwestern College Publishing. All rights reserved. 1619
Emp loyee Reco rd Fi les
Figure 166
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
20/35
2002 Southwestern College Publishing. All rights reserved. 1620
Employee Free Speech Rights
Tracking
Employee
Internet Usage
Advocacy of
Controversial
Views
Whistle-Blowing
Monitoring of
E-Mail/Voice Mail
Free
Speech
Rights
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
21/35
2002 Southwestern College Publishing. All rights reserved. 1621
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.
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
22/35
2002 Southwestern College Publishing. All rights reserved. 1622
Methods of Deal ing w ith Workplace Theft
Figure 168
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
23/35
2002 Southwestern College Publishing. All rights reserved. 1623
Impact of Subs tance Abuse on Emp loyers
Figure 169
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
24/35
2002 Southwestern College Publishing. All rights reserved. 1624
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
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
25/35
2002 Southwestern College Publishing. All rights reserved. 1625
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.
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
26/35
2002 Southwestern College Publishing. All rights reserved. 1626
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
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
27/35
2002 Southwestern College Publishing. All rights reserved. 1627
Typical Division of HR Responsib i l i t ies:
Pol icies and Rules
Figure 1610
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
28/35
2002 Southwestern College Publishing. All rights reserved. 1628
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.
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
29/35
2002 Southwestern College Publishing. All rights reserved. 1629
Communicating HR Information
Communicating
HR Information
HR Publications
and MediaSuggestion
Systems
E-Mail and
Teleconferencing
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
30/35
2002 Southwestern College Publishing. All rights reserved. 1630
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
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
31/35
2002 Southwestern College Publishing. All rights reserved. 1631
Typical Divis ion of HR Responsib i l it ies: Discip l ine
Figure 1611
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
32/35
2002 Southwestern College Publishing. All rights reserved. 1632
Progressive Discip l ine Procedure
Figure 1612
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
33/35
2002 Southwestern College Publishing. All rights reserved. 1633
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
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
34/35
2002 Southwestern College Publishing. All rights reserved. 1634
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)
-
7/30/2019 HRM10eChap16- Employee Rihgts and Discipline
35/35
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.