Transcript Employee Rights and Discipline Chapter 14

Chapter 14
Respecting Employee Rights and
Managing Discipline
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Chapter 14 Objectives
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Understand the origins and scope of
employee rights and management
rights.
Explain why the HR department must
balance management’s rights and
employees’ rights when designing
employment policies.
Describe the employment-at-will
doctrine.
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Chapter 14 Objectives
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Distinguish between progressive discipline
procedures and positive discipline
procedures.
Apply fair standards to a case of employee
misconduct and justify the use of discipline.
Manage difficult people who challenge their
supervisors with numerous problems.
Avoid disciplinary actions by taking a proactive and strategic approach to HRM.
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Employee Rights
Types of employee rights:
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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 Rights
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Right to ethical treatment
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Psychological Contract
Limited right to privacy
 Implicit in U.S. Constitution
 Privacy Act of 1974
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Limited right to free speech
 More protection for government employees
 Whistle-blowing exception
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Management Rights
Management Rights
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Right to run the business and retain profits
Includes right to direct the workforce
Often considered a residual right
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Employment-at-Will
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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 Challenges
A Balancing Act
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Random drug testing
Electronic monitoring
Whistle-blowing
Restrictions on office
romance
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Employee Rights Challenges
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Random drug testing
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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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Employee Rights Challenges
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Whistle-blowing
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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 supervisorsubordinate relationships
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Disciplining Employees
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Progressive Discipline
• Verbal warning
• Written warning
• Suspension
• Discharge
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Categories of Employee Misconduct
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Disciplining Employees
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Positive Discipline
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Employees plays active role in changing
own behavior
Emphasis on change, not punishment
Management intervenes as more of a
counselor
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Focus on learning from past mistakes
Requires training management and is
time consuming
Positive effects on bottom line
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Administering and Managing Discipline
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Due Process—important to those
disciplined
 Fair and consistent treatment
 Two parts: Standards and Right to
Appeal
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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 Discipline
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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
 Losing your temper
 Avoiding disciplinary action
entirely
 Playing “therapist”
 Making excuses for an employee
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Managing Difficult Employees
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Poor Attendance
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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?
 Flextime for family demands
 Job redesign if there is a pattern of
poor attendance within a work unit?
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Managing Difficult Employees
Poor Performance
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Does the employee need remedial
training?
Employees should be given opportunity to
improve
Insubordination
 Unwillingness to carry out managements
directive
 Two Exceptions
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Illegal Activities
Safety Considerations
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Managing Difficult Employees
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Workplace Bullying
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Form of harassment
Develop zero-tolerance policies for bullying
Alcohol and Illegal Drug Use
 Often masked by poor attendance
 EAPs can be part of progressive discipline
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Preventing the need for discipline
with HRM
Can minimize the need for discipline if
proactive in:
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Recruitment and Selection
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Training and Development
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Human Resource Planning
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Performance Appraisal
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Compensation
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Summary and Conclusion
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Rights
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Discipline
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Employee—statutory, contractual, and other
Management—right to run business and earn
profits
Rights of both need to be balanced
Progressive—focus on punishment
Positive—focus on change by employee
To avoid conflict, use due and appeals
processes
Avoid need for discipline with proactive HRM
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