Snell Ch13 - Employees Rights and Discipline.pptx

Chapter 13: Employees Rights and Discipline Snell, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole...

Chapter 13: Employees Rights and Discipline Snell, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Chapter Objectives The following objectives are addressed in this chapter: 1.1. Explain the concepts of employee rights and employer responsibilities. 1.2. Differentiate separate sets of disciplinary policies that use the progressive and positive discipline approaches. 1.3. Identify the different types of alternative dispute resolution methods. Snell, Managing Human Resources, 19 th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Employee Rights and Privacy  Employee rights – Guarantees of fair treatment that become rights when they are granted to employees by the courts, legislatures, or employers  Included among those rights are the rights of employees to:  Protestunfair disciplinary actions  Have access to their personal files  Challenge employer searches and monitoring  Be largely free from employer discipline for off-duty conduct Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Employee Rights vs. Employer Rights Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Negligent Hiring Negligence – The failure to provide reasonable care when such failure results in injury to consumers or other employees Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Job Protection Rights (slide 1 of 5) Psychological contract – Expectations of a fair exchange of employment obligations between an employee and employer  Example: In exchange for their talents and technical skills, workers expect employers to provide fair compensation, job training, and promotions. Employment-at-Will Employment-at-will relationship – The right of an employer to fire an employee without a reason and the right of an employee to quit  The employment-at-will doctrine does not give managers and supervisors the unrestricted right of termination. Federal and state laws and court decisions restrict termination decisions. In unionized organizations, collective bargaining agreements limit automatic discharges. Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Job Protection Rights (slide 2 of 5) Employment-at-Will (cont’d): Three exceptions: 1. Violation of public policy  Occurs when an employee is terminated for refusing to commit a crime; for reporting criminal activity; for disclosing illegal, unethical, or unsafe practices; or for exercising employment rights 2. Implied contract  Occurs when employees are discharged despite the employer’s promise of job security or contrary to termination procedures 3. Implied covenant  Occurs when an employer has acted without good faith and fair dealing Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Job Protection Rights (slide 3 of 5) Wrongful Discharge Wrongful discharge – A discharge, or termination, of an employee that is illegal Whistle-Blowing Whistle-blowing – Complaints to governmental agencies by employees about their employers’ illegal or immoral acts or practices Implied Contract If an implied promise by an employer of a condition, such as job security, has been made, courts have generally prohibited the employer from terminating the employee without first exhausting the conditions of the contract. Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Job Protection Rights (slide 4 of 5) Explicit Contracts Explicit employment contracts are formal written (signed) agreements that grant to employees and employers agreed-upon employment benefits and privileges. Explicit contracts normally state the period of employment, terms and conditions of employment, and severance provisions. When an employee has an explicit contract, he or she cannot be dismissed at will. Before hiring employees, employers sometimes impose certain restrictions, or provisions, in explicit contracts, such as nondisclosure of information agreements, which forbid employees from revealing proprietary information outside the company during or following their employment, and noncompete agreements, which prevent ex-employees from either becoming a competitor or working for a competitor for a designated period of time. Explicit contracts are enforceable in court when either the employee or employer violates any provisions of the agreement. Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Job Protection Rights (slide 5 of 5) Constructive Discharge Constructive discharge – An employee’s voluntary termination of his or her employment because of harsh, unreasonable employment conditions placed on the individual by the employer Discharge as a Result of Retaliation Some employment laws prohibit employers from retaliating against employees when they exercise their rights. Discharge Acts Some acts requires organizations with more than 100 employees to give employees 60 days’ notice of any closure or layoff affecting 50 or more full-time employees. Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  The Balance of Employee Rights to Privacy vs. Employers Wanting to Know Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Privacy Rights Substance Abuse and Drug Testing In the private sector, drug testing is largely regulated by individual states. Federal regulations and laws restrict drug testing. Barring state and federal laws that restrict or prohibit drug testing, however, private employers have a right to require employees to submit to the tests. The exception is unionized workforces; drug testing for unionized employees must be negotiated by their unions. Impairment Testing Impairment testing – Also called fitness-for-duty or performance-based testing, it measures whether an employee is alert enough to work Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Employee Surveillance (slide 1 of 4) Camera Surveillance In general, employers can train video cameras on their employees without significant legal concerns as long as they have a legitimate business reason for doing so and inform employees they are doing as much. Phone Conversations and Text Communications In general, employers have the right to monitor calls, texts, and direct messages sent from their telecommunications devices, provided they do so for compelling business reasons and employees have been informed that their communications will be monitored. Some countries have acts that restricts employers from intercepting wire, oral, or electronic communications, unless employees are told not to make personal calls or send text messages from their business phones. Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Employee Surveillance (slide 2 of 4) Email, Internet, and Computer Use Employers can monitor what their employees do online and fire or discipline them based on that information. Until recently employers were allowed to monitor any and all email communications their employees sent from work computers, but court rulings have limited employers’ rights somewhat. More and more companies are banning social media at work. Companies can legally create electronic communication policies that limit employees’ Internet use. Access to Personnel Files A firm’s HR department is usually responsible for maintaining personnel files and safeguarding their flow to prevent, among other things, identity theft. Legislation at the federal level and various state laws permit employees to inspect their own personnel files. Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Employee Surveillance (slide 3 of 4) Searches A firm that reserves the right to search employees under warranted circumstances should have a written plan as to the privacy employees can expect. The search policy should be clearly outlined in a firm’s employee handbook. When possible, searches should be conducted in private. The employer should attempt to obtain the employee’s consent prior to the search. The search should be conducted in a humane and discreet manner to avoid infliction of emotional distress. The penalty for refusing to consent to a search should be specified. Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Employee Surveillance (slide 4 of 4) Off-Duty Employee Conduct A number of states have passed laws that prohibit employees from disciplining or firing employees for activities they pursue offsite if they are legal. Even when the activities are illegal, court rulings have suggested that the conduct may not be a lawful jurisdiction for employee discipline. Organizations that want to discipline employees for off-duty misconduct must establish a clear relationship between the misconduct and its negative effect on other employees or the organization. Off-Duty Employee Speech Some organizations have policies that restrict employees from making disparaging remarks online about their firms or its supervisors.  The True Definition of Discipline Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Common Disciplinary Problems Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  A Disciplinary Model Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  The Result of Inaction Should discipline become necessary, the employee’s immediate supervisor is the logical person to apply the company’s disciplinary procedures and monitor the employee’s improvement, although the HR departments should develop and ensure disciplinary policy and action conform to current laws. Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Setting Organizational Rules Setting an organization’s rules is the foundation for an effective disciplinary system. These rules govern the type of behavior expected of employees. The following suggestions can help HR managers and their firms when they are considering the rules the organization should adopt and how they should be implemented: The rules must be reasonable and relate to the safe and efficient operation of the organization. The rules as well as the consequences for breaking them should be written down and widely disseminated to all employees. The rules should be clearly explained. Employees should sign a document stating that they have read and understood the organizational rules. The rules should be reviewed periodically.  Approaches to Disciplinary Action  Two approaches to disciplinary action: Progressive discipline – The application of corrective measures by increasing degrees Four steps: Oral warning (or counseling) Written warning Suspension without pay Discharge Positive, or nonpunitive, discipline – A system of discipline that focuses on early correction of employee misconduct, with the employee taking total responsibility for correcting the problem Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Discharging Employees Because discharging a worker poses serious consequences for the employee—and possibly for the organization—it should be undertaken only after a deliberate and thoughtful review of the situation. If an employee is fired, he or she may file a wrongful discharge suit claiming the termination was “without just or sufficient cause,” implying a lack of fair treatment by management. Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Alternative Dispute Resolution Procedures (slide 1 of 3) Alternative Dispute Resolution (ADR) – A term applied to different employee complaint or dispute resolution methods that do not involve going to court Step-Review Systems Step-review system – A system for reviewing employee complaints and disputes by successively higher levels of management In most step-review systems, the president, chief executive officer, vice president, or HR director acts as the final authority, and this person’s decision is not appealable. Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Alternative Dispute Resolution Procedures (slide 2 of 3) Peer-Review Systems Peer-review system – A system for reviewing employee complaints that uses a group composed of employee representatives and management appointees A peer-review system functions as a jury because it weighs evidence, considers arguments, and votes on a final decision. Open-Door Policy Open-door policy – A policy of settling grievances that identifies levels of management above the immediate supervisor for employee contact Ombudsman System Ombudsman – A designated individual from whom employees may seek counsel for resolution of their complaints Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Alternative Dispute Resolution Procedures (slide 3 of 3) Mediation  Mediation – The use of an impartial neutral to reach a compromise decision in employment disputes  Mediator – A third party in an employment dispute who meets with one party and then the other to suggest compromise solutions or to recommend concessions that lead to an agreement  Unlike an arbitrator, a mediator has no power or authority to force either side toward an agreement. Arbitration  With arbitration, the employee and employer present their cases, or arguments, to an arbiter, who is typically a retired judge, who then makes a decision that the parties have agreed to be bound by. Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Key to Success Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.  Managerial Ethics in Employee Relations  Ethics – A set of standards of conduct and moral judgments that help to determine right and wrong behavior  Many organizations have codes of ethics that govern how they deal with their employees and the public.  HR departments have been given a greater role in promoting ethics.  Many organizations have ethics committees and ethics ombudsmen to provide training in ethics to employees.  Goals of ethics training:  To avoid unethical behavior and adverse publicity  To gain a strategic advantage  To treat employees in a fair and equitable manner Snell/Morris, Managing Human Resources, 19th Edition. © 2023 Cengage. All Rights Reserved. Many not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.