2 Learning ObjectivesExplain the concepts of employment-at-will, wrongful discharge, implied contract, and constructive discharge.Identify the job expectancy rights of employees.Explain the process of establishing disciplinary policies, including the proper implementation of organizational rules.Discuss the meaning of discipline and how to investigate a disciplinary problem.
3 Learning Objectives, cont. Explain two approaches to disciplinary action.Identify the different types of alternative dispute-resolution procedures.Discuss the role of ethics in the management of human resources.
4 Employee Rights Topics Wrongful dischargeSubstance abuse and drug testingEmployee searches and surveillancePlant closing notificationAccess to employee personnel filesSmoking in the workplaceEmployee conduct away from organization
5 Employee Rights Guarantees of fair treatment from employers, particularly regardingan employee’s right to privacy
6 Negligence Failure to provide reasonable care where such failure results in injury to consumersor other employees
7 Employment-at-Will Principle The right of an employer to fire anemployee without giving a reasonand the right of an employee to quitwhen he or she chooses
8 Presentation Slide 13-1 Employment-at-Will and Wrongful Discharge Violation of Public PolicyExceptions to Employment at WillImplied ContractImplied Covenant
9 Presentation Slide 13-1 Exceptions to Employment-at-Will Doctrine Violations to public policy -- wrongful discharge for acts protected by lawImplied contract -- wrongful discharge contrary to employer oral or written promisesImplied covenant --wrongful discharge for a lack of fair dealing on part of employer
10 Implied Contract Guarded Conversations State Termination Notice in OffersPublish Employment-at- Will StatementsGet Signed Statements of Understanding
11 Constructive Discharge An employee voluntarily terminates hisor her employment because of harsh,unreasonable employment conditions placedon the individual by the employer
12 Presentation Slide 13-2 Privacy Concerns Substance Abuse and Drug TestingSearches and SurveillanceAccess to Personnel Filesand Voice MailConduct Outside the WorkplaceGenetic TestingEmployee Privacy vs Employer Obligations
13 Setting Organizational Rules Publish WidelyKeep in WritingGuidelines forSmooth Implementation of Organizational RulesReview RegularlyBe ReasonableExplain ReasonsGet Signed Statements of UnderstandingBe Timely
15 Hot-Stove Rule Rule of discipline that can be compared with a hot stove in that it gives warning,is effective immediately, is enforced consistently, and applies to all employeesin an impersonal and unbiased way
16 Discipline (1) Treatment that punishes; (2) orderly behavior in an organizational setting;or (3) training that molds and strengthensdesirable conduct—or corrects undesirableconduct—and develops self-control
17 Presentations Slide 13-4 Disciplinary Action for Violation of Rules Are rules fair and reasonable?Have rules been communicated sufficiently to make employee aware of them?Have rules been enforced previously?Should and did employee receive prior warning?Is employee being singled out as an example?
18 Progressive Discipline Application of corrective measuresby increasing degrees
19 Positive, or Nonpunitive, Discipline System of discipline that focuseson the early correction of employee misconduct, with the employeetaking total responsibilityfor correcting the problem
20 Positive Discipline Procedure First Conference(Oral Reminder)Second Conference(Written Reminder)Decision-Making Leave/Decision DayUnsolvedUnsolvedUnsolvedRecognition and ReinforcementTerminate
21 Do clear and objective performance standards exist? Presentation Slide 13-5 Disciplinary Action for Unsatisfactory PerformanceDo clear and objective performance standards exist?Has employee received proper orientation and training?Is the unsatisfactory performance caused by conditions beyond employees’ control?Has employee been given adequate warning and time to improve performance?Are the other employees meeting performance standards?
22 Presentation Slide 13-6 Work Record Documentation Date, time, and location of incidentNature of misconductConsequences of misconduct on work unitPrior discussions with employeeDisciplinary action taken and improvement expectedReaction of employeeAppropriate witnesses
23 Considerations When Discharging Employees What is the employee’s length of service?What is the employee’s previous service record?Did employee receive warning and lesser penalties, i.e., progressive discipline?Did employer use every means possible to avoid the discharge?Are there any evidences of prejudice or bias toward employee?
24 Due Process Employee’s right to present his or her position during a disciplinary action
25 Employee Rights: Due Process PrinciplesofDueProcessRight to KnowRight to Consistent TreatmentRight to Fair DisciplineRight to AppealRight to Progressive Discipline
29 Step-Review System System for reviewing employee complaints and disputes by successivelyhigher levels of management
30 Peer-Review System System for reviewing employee complaints that uses a group composed of equal numbersof employee representatives and managementappointees. It functions as a jury since itsmembers weigh evidence, considerarguments, and after deliberation voteindependently to render a final decision
31 Hearing Officer Person who holds a full-time position with an organization but assumes aneutral role when deciding cases betweenthe aggrieved employees and management
32 Open-Door Policy Policy of settling grievances that identifies various levels of managementabove the immediate supervisorfor employee contact
33 Ombudsman Designated individual from whom employees may seek counsel for the resolution of their complaints
34 Ethics Set of standards of conduct and moral judgments that help to determineright and wrong behavior