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© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.

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Presentation on theme: "© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license."— Presentation transcript:

1 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Employee Rights and Discipline 1–1 The Challenges of Human Resources Management

2 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 2 of 46 Chapter Objectives Chapter Objectives After studying this chapter, you should be able to Explain the concepts of employee rights and employer responsibilities. Explain the concepts of employment-at-will, wrongful discharge, implied contract, and constructive discharge. Identify and explain what the privacy rights of employees are. Discuss the meaning of discipline and why managers cannot ignore disciplinary problems. Explain how to establish disciplinary policies and investigate disciplinary problems. Differentiate between the two approaches to disciplinary action. Identify the different types of alternative dispute resolution methods. Discuss the role of ethics in the management of human resources. LEARNING OUTCOME 1 LEARNING OUTCOME 2 LEARNING OUTCOME 3 LEARNING OUTCOME 4 LEARNING OUTCOME 5 LEARNING OUTCOME 6 LEARNING OUTCOME 7 LEARNING OUTCOME 8

3 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 3 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 3 of 46 Employee Rights and Privacy Employee RightsEmployee Rights  Various federal and state laws in protection of employment status guarantee fair treatment of employees by employers. Employee Privacy RightsEmployee Privacy Rights  Federal and state courts generally view the privacy rights of employees as minimal.  There is a lack of comprehensive and consistent body of privacy protection, whether from laws or from court decisions.

4 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 4 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 4 of 46 Employee Rights and Privacy (cont.) Employer ResponsibilitiesEmployer Responsibilities  Negligence – Is the failure to use a reasonable amount of care when such failure results in injury to another person.  Negligent hiring – Is a legal doctrine that places liability (duty of care) on the employer for actions of its employees during the course and scope of their employment. Job Protection RightsJob Protection Rights  Psychological contract – Is the expectation of a fair exchange of employment obligations between an employee and employer

5 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 5 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 5 of 46 Employee Rights and Privacy (cont.) Employment-at-Will PrincipleEmployment-at-Will Principle  The right of an employer to fire an employee without giving a reason and the right of an employee to quit when he or she chooses.  In 1908, Supreme Court upheld employment-at-will in Adair v United States. Limitations on Employment-at-WillLimitations on Employment-at-Will  Union collective bargaining agreements  Federal and state laws, court decisions, and administrative rulings  “Fear of firing”

6 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 6 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 6 of 46 Wrongful Discharge: Exceptions to the Employment-at-Will Doctrine Violations of Public PolicyViolations of Public Policy  Wrongful discharge of an employee by an employer for refusal commit an act that to violates the law. Implied ContractImplied Contract  Wrongful discharge contrary to an employer’s oral or written promises of continued employment. Implied CovenantImplied Covenant  Wrongful discharge for a lack of fair dealing on part of employer.

7 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 7 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 7 of 46 Discharges That Violate Public Policy

8 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 8 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 8 of 46 Tips to Avoid Wrongful Employment Termination Lawsuits

9 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 9 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 9 of 46 Whistle-Blowing Whistle-BlowingWhistle-Blowing  Complaints to governmental agencies by employees about their employers’ illegal or immoral acts or illegal practices  Laws Protecting Whistle-Blowers from Retaliation: – Sarbanes-Oxley (S-O) Act of 2002 protects publicly-traded company employees – Whistleblower Protection Act (WPA) protects federal employees. – Notification and Federal Employee Antidiscrimination and Retaliation Act (No Fear Act) of 2002 – False Claims Act (FCA)

10 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 10 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 10 of 46 Implied Contract An implied contract is when a promise by the employer suggests some form of job security to the employee.An implied contract is when a promise by the employer suggests some form of job security to the employee. Implied contractual rights can be based on either oral or written statements made during the pre- employment process or subsequent to hiring.Implied contractual rights can be based on either oral or written statements made during the pre- employment process or subsequent to hiring.

11 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 11 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 11 of 46 Implied Contract (cont.) Following are some examples of how an implied contract may become binding:Following are some examples of how an implied contract may become binding:  Telling employees their jobs are secure as long as they perform satisfactorily and are loyal to the organization  Stating in the employee handbook that employees will not be terminated without the right of defense or access to an appeal procedure  Urging an employee to leave another organization by promising higher wages and benefits, then reneging on those promises after the person has been hired

12 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 12 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 12 of 46 Explicit Contracts Most Widely Used Restrictions Nondisclosure of Information Agreement Nondisclosure of Information Agreement Intellectual Property Agreements Noncompete Agreement Noncompete Agreement Explicit Contracts Restrictions Nonpiracy Agreements Nonpiracy Agreements

13 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 13 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 13 of 46 Illegal Employee Dismissals Constructive DischargeConstructive Discharge  An employee voluntarily terminates his or her employment because of harsh, unreasonable employment conditions placed on the individual by the employer.  Employers cannot accomplish covertly what they are prohibited by law from achieving overtly.  Courts have generally adopted a “reasonable person” standard for upholding constructive discharge claims.

14 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 14 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 14 of 46 Illegal Employee Dismissals (cont.) Discharge as a Result of RetaliationDischarge as a Result of Retaliation  Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other employment laws prohibit employers from retaliating against employees when exercising their rights under these statutes.  Proper handling of these employees involves: – Taking no adverse employment action against employees when they file discrimination charges. – Treating the employees consistently and objectively. – Harboring no animosity toward the employees when they file discrimination lawsuits.

15 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 15 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 15 of 46 Discharges and the WARN Act Workers’ Adjustment Retraining and Notification Act (WARN) of 1989Workers’ Adjustment Retraining and Notification Act (WARN) of 1989  Requires organizations with more than 100 employees to give employees and their communities sixty days’ notice of any closure or layoff affecting fifty or more full-time employees. – Terminated employees must be notified individually in writing.  The act allows several exemptions, including “unforeseeable circumstances.”

16 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 16 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 16 of 46 Privacy Rights Employee Privacy versus Employer Obligations Substance Abuse and Drug Testing Searches and Monitoring Access to Personnel Files E-mail and Voice Mail Conduct Outside the Workplace Genetic Testing Substance Abuse and Drug Testing Searches and Monitoring Access to Personnel Files E-mail and Voice Mail Conduct Outside the Workplace Genetic Testing

17 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 17 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 17 of 46 Substance Abuse and Drug Testing Safety-Sensitive JobsSafety-Sensitive Jobs  Employees must submit to a drug test when “reasonable suspicion” for a drug test exists and the employer’s testing procedures are also reasonable. Drug-Free Workplace Act (1988) requires employers to:Drug-Free Workplace Act (1988) requires employers to:  Issue a policy statement prohibiting drug usage.  Inform employees about the dangers of drugs.  List options available for drug counseling.  Notify the federal contracting agency of employees convicted of drug-related criminal offenses.

18 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 18 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 18 of 46 Recommendations for a Drug-Free Workplace Polity

19 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 19 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 19 of 46 Electronic Surveillance Camera SurveillanceCamera Surveillance  Few federal laws protect workers from being watched Phone Conversations and Text CommunicationsPhone Conversations and Text Communications  In general, employers have the right to monitor calls and text 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. E-Mail, Internet, and Computer UseE-Mail, Internet, and Computer Use  Employers can monitor what employees do online and fire or discipline them based on that information

20 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 20 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 20 of 46 Searches The search policy should be clearly outlined in a firm’s employee handbook. The handbook should explain that searches will not be conducted without a compelling reason.The search policy should be clearly outlined in a firm’s employee handbook. The handbook should explain that searches will not be conducted without a compelling reason. When possible, searches should be conducted in private.When possible, searches should be conducted in private. The employer should attempt to obtain the employee’s consent prior to the search.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 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.The penalty for refusing to consent to a search should be specified.

21 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 21 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 21 of 46 Access to Personnel Files Employees generally have:Employees generally have:  The right to know of the existence of one’s personnel file  The right to inspect one’s own personnel file  The right to correct inaccurate data in the file Employers can:Employers can:  Restrict access to information that could violate the privacy of others  Limit the employee to copies of documents that he or she has signed  Require that HR personnel, or a supervisor, be present while the employee views the documents

22 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 22 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 22 of 46

23 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 23 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 23 of 46 Off-Duty Conduct and Speech Off-Duty Employee ConductOff-Duty Employee Conduct  Organizations that 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 SpeechOff-Duty Employee Speech  Some organizations have social networking and blogging policies that restrict employees from making disparaging remarks about their firms or its supervisors, or otherwise casting their organizations in a bad light. Workplace RomancesWorkplace Romances  Supervisor – subordinate relationships are of particular concern

24 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 24 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 24 of 46 Right-to-Privacy Laws

25 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 25 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 25 of 46 Disciplinary Policies and Procedures

26 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 26 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 26 of 46 A Disciplinary Model

27 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 27 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 27 of 46 The Results of Inaction Reasons given by supervisors for their failure to impose a disciplinary penalty:Reasons given by supervisors for their failure to impose a disciplinary penalty: 1.The supervisor failed to document earlier actions, so no record existed on which to base subsequent disciplinary action. 2.Supervisors believed they would receive little or no support from higher management for the disciplinary action. 3.The supervisor was uncertain of the facts underlying the situation requiring disciplinary action. 4.Failure by the supervisor to discipline employees in the past for a certain infraction caused the supervisor to forgo current disciplinary action in order to appear consistent. 5.The supervisor wanted to be seen as a likable person.

28 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 28 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 28 of 46 Setting Organizational Rules 1. 1.The rules must be reasonable and relate to the safe and efficient operation of the organization. 2. 2.The rules as well as the consequences for breaking them should be written down and widely disseminated to all employees. Neglecting to communicate the rules is a major reason disciplinary actions taken against employees are reversed. 3. 3.The rules should be clearly explained. Employees are more likely to accept a rule if they understand the reason behind it. 4. 4.Employees should sign a document stating that they have read and understand the organizational rules. 5. 5.The rules should be reviewed periodically—perhaps annually—especially those rules critical to work success.

29 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 29 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 29 of 46 Discipline Definitions of DisciplineDefinitions of Discipline  Treatment that punishes.  Orderly behavior in an organizational setting.  Training that molds and strengthens desirable conduct or corrects undesirable conduct and develops self-control.

30 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 30 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 30 of 46

31 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 31 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 31 of 46 Documenting Misconduct 1.Date, time, and location of the incident(s) 2.Negative performance or behavior exhibited by the employee— the problem 3.Consequences of that action or behavior on the employee’s overall work performance and/or the operation of the employee’s work unit 4.Prior discussion(s) with the employee about the problem 5.Disciplinary action to be taken and specific improvement expected 6.Consequences if improvement is not made and a follow-up date 7.The employee’s reaction to the supervisor’s attempt to change behavior 8.The names of witnesses to the incident (if appropriate)

32 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 32 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 32 of 46 The Investigative Interview Conduct of an InterviewConduct of an Interview  Concentrate on how the offense violated the performance and behavior standards of the job.  Avoid getting into personalities or areas unrelated to job performance.  Give the employee must be given a full opportunity to explain his or her side of the issue. NLRB v Weingarten,Inc.NLRB v Weingarten,Inc.  The Supreme Court upheld an NLRB ruling in favor of the employee’s right to representation during an investigative interview in a unionized organization.

33 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 33 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 33 of 46 Approaches to Discipline Progressive DisciplineProgressive Discipline  When applying corrective measures by increasing degrees, always be sure that employees: – Know where they stand regarding offenses. – Know what improvement is expected of them. – Understand what happens next if improvement is not made. Positive, or Non-punitive, DisciplinePositive, or Non-punitive, Discipline  Discipline that focuses on the early correction of employee misconduct, with the employee taking total responsibility for correcting the problem.

34 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 34 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 34 of 46 Discharging Employees

35 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 35 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 35 of 46 “Just Cause” Discharge Guidelines

36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 36 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 36 of 46 Informing the Employee Conducting a Discharge Meeting:Conducting a Discharge Meeting: 1.Come to the point within the first two or three minutes, and list in a logical order all reasons for the termination. 2.Be straightforward and firm, tactful, remain resolute in your decision. 3.Make the discussion private, businesslike, and fairly brief. 4.Don’t mix the good with the bad. Trying to sugarcoat the problem sends a mixed message to the employee. 5.Avoid making accusations against the employee and injecting personal feelings into the discussion. 6.Avoid bringing up any personality differences between you and the employee. 7.Provide any information concerning severance pay and the status of benefits and coverage. 8.Explain how employment inquiries from future employers will be handled.

37 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 37 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 37 of 46 Due Process An employee’s right to present his or her position during a disciplinary action.An employee’s right to present his or her position during a disciplinary action.  To know job expectations and the consequences of not fulfilling those expectations.  To consistent and predictable management action for the violation of rules.  To fair discipline based on facts, to question those facts, and the right to present a defense.  To appeal disciplinary action.  The right to progressive discipline.

38 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 38 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 38 of 46 Alternative Dispute Resolution “ADR”“ADR”  Different types of employee complaint or dispute- resolution procedures used to meet employees’ expectations for fair treatment in the workplace while guaranteeing them due process. ADR ProceduresADR Procedures  Step-Review Systems  Peer-Review Systems  Open-Door Policy  Ombudsman System  Mediation  Arbitration

39 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 39 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 39 of 46 Alternative Dispute Resolution Procedures Step-Review SystemStep-Review System  System for reviewing employee complaints and disputes by successively higher levels of management. Peer-Review SystemPeer-Review System  A group composed of equal numbers of employee representatives and management appointees.  Functions as a jury since its members weigh evidence, consider arguments, and after deliberation, vote independently to render a final decision.

40 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 40 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 40 of 46 Conventional Step-Review Appeal Procedure

41 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 41 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 41 of 46 Additional ADR Procedures Open-Door PolicyOpen-Door Policy  A policy of settling grievances that identifies various levels of management above the immediate supervisor for employee contact. Ombudsman SystemOmbudsman System  Ombudsman – Is a designated individual from whom employees may seek counsel for the resolution of their complaints. – Is an advocate for a fair process, not an advocate on behalf of individuals or the institution. – Does not have the power to decide or to overrule a decision, but can confidentially seek an equitable solution between the employee and the supervisor.

42 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 42 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 42 of 46 Third-party Dispute Resolution MediationMediation  The use of an impartial neutral to reach a compromise decision in employment disputes MediatorMediator  A third party in an employment dispute who meets with one party and then the other in order to suggest compromise solutions or to recommend concessions from each side that will lead to an agreement.

43 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 43 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 43 of 46 Third-party Dispute Resolution (cont.) ArbitrationArbitration  The use of an impartial neutral party as decision maker to resolve an employment labor dispute by imposing a binding final decision on all parties involved in the dispute. ArbitratorArbitrator  Third-party neutral who resolves a labor dispute by issuing a final decision in the disagreement.

44 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 44 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 44 of 46 Managerial Ethics in Employee Relations EthicsEthics  A set of standards of conduct and moral judgments that help to determine right and wrong behavior. – Provides cultural guidelines—organizational or societal—that help decide between proper or improper conduct. Code of EthicsCode of Ethics  Is a set of written standards of conduct (ethical values) governing relations with employees and the public.  Provides a basis for the organization, and individual managers, to evaluate their plans and actions.

45 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 45 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 45 of 46 Key Terms alternative dispute resolution (ADR) constructive discharge discipline due process employee rights employment-at-will principle ethics impairment testing Mediation negligence ombudsman open-door policy peer-review system positive, or nonpunitive, discipline progressive discipline psychological contract step-review system whistle-blowing wrongful discharge

46 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 46 of 36 © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. 46 of 46 Chapter 13 - Learning Outcomes Learning Outcome StatementsRelated Outcomes from Body of the Text 1 Explain the concepts of employee rights and employer responsibilities. Are the rights you have as a citizen of the United States the same as the rights you have as an employee? Why or why not? 2 Explain the concepts of employment-at-will, wrongful discharge, implied contract, and constructive discharge. Think about the jobs you may have held or hold now. Were you (or are you) employed “at will”? How would you know? 3 Identify and explain what the privacy rights of employees are. What are the privacy settings on your Facebook page? Do you think your employer, or prospective employer, should be allowed to look at it? 4 Discuss the meaning of discipline and why managers cannot ignore disciplinary problems. Have you ever worked with someone who broke the rules repeatedly but was never disciplined for it? How did it affect your morale and willingness to follow the rules? 5 Explain how to establish disciplinary policies and investigate disciplinary problems. What are the disciplinary policies and procedures at your school? In what ways do you think they might be similar to those implemented in the workplace? In what ways do you think they might be different? 6 Differentiate between the two approaches to disciplinary action. Why do you think supervisors often verbally warn employees first before disciplining them? Do they need to? Are there any professions in which verbal warnings are skipped? 7 Identify the different types of alternative dispute resolution methods. What pros and cons do you think employees who agree to settle their grievances via alternative dispute resolution methods face? 8 Discuss the role of ethics in the management of human resources. Name some companies you believe treat their employees ethically and some that do not. Why do you think the two groups differ in this regard? Does it depend upon the type of industry the company competes in?


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