respecting employee rights and managing discipline
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Respecting Employee Rights and Managing Discipline. 14. 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? - PowerPoint PPT PresentationTRANSCRIPT
© 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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