BA 385: Employee Stakeholders and Workplace Issues Chapter Sixteen: So Fire Me! I’m Leaving! Employment at Will and Other Employee Issues
Chapter Sixteen Outline The New Social Contract The Employee Rights Movement The Right to a Job/Not to Be Fired Without Cause The Right to Due Process and Fair Treatment Freedom of Speech in the Workplace Whistle Blowing Summary
Social Contract: Changes Old Social ContractNew Social Contract Job securityFew tenure arrangements Life careers with one employerFew life careers; changes common Loyalty to employerLoyalty to self PaternalismRelationships far less familial Sense of entitlementPersonal responsibility for one’s job future Stable, rising incomePay for “value added” Focus on individual accomplishmentsFocus on team building and projects
Employee Rights Movement says… For nonunion workers, employee rights issue continues to be a problem... That is, the employees’ desires to be treated with dignity and respect, to have a right to due process, privacy, freedom of speech, and safety, and even a right to a job.
Employee Rights Movement Sources of Employee Rights Statutory rights – the law, for example, employees have a right to know there is a camera in the workplace Collective bargaining rights – the union, for example, members of a union have a right to certain grievance procedures Enterprise rights – universal human rights, for example, an employee has a right to freedom from physical injury
Employee Rights Movement Models of Management Morality and their Orientation Toward Employees Moral Amoral Immoral End Law Means
Right Not to be Fired Without Just Cause Employment-at-Will Doctrine Public policy exceptions refusal to commit crime or taking advantage of rights Contractual actions implied contracts count Breach of good faith actions need to be reasonable
Right Not to be Fired Without Just Cause Stay on the right side of the law Investigate complaints in good faith Deal in good faith with employees Fire only for good cause Management’s Response
The Right to Due Process Types of Due Process Substantive due process Right to fair treatment Procedural due process Right to a fair system of decision making
The Right to Due Process Procedure Visible Effective Institutionalized Equitable Easy to use Apply to all employees Employee Constitutionalism
Alternative Dispute Resolution Three concerns: Process is closed One person review Bias in favor of managers Common Approach is called the Open Door Policy
Alternative Dispute Resolution: Ethical Ways for Due Process Peer Review Panel Peer Review Panel — Fellow workers in the same job family and at a grade level equal to or higher than the employee with a grievance Hearing procedure Hearing procedure — Permits employees to be represented by attorney or neutral party Ombudsperson Ombudsperson — A “troubleshooter” investigates and helps achieve equitable settlements for employee complaints
Whistle-Blowing (Has certain rights) Corporat e Employer Loyalty Obedience Confidentiality PublicPublic Employe e Corporat e Employer Whistle blowing Employe e Responsibility (Has certain rights) Responsibility
Consequences of Whistle-Blowing Increased criticism of work Less desirable work assignments Pressure to drop charges against the company Heavier workloads Loss perquisites Exclusion from meetings
Whistle-Blowing Examples of Government Protection Civil Service Reform Act Whistle-Blowers Protection Act of Michigan False Claims Act Sarbanes-Oxley Act
Management’s Preemptive Responses to Whistle-Blowing The company should assure employees that the organization will not interfere with their basic political freedoms. Grievance procedure should be streamlined so that employees can direct complaints and not “blow the whistle.” Review the organization’s concept of social responsibility so that it is not simply corporate giving to charity.
Management’s Preemptive Responses to Whistle-Blowing Formally recognize respect for the individual consciences of employees. Realize that dealing harshly with whistle blowing can result in adverse public reaction.