1. Human Resource Management TENTH EDITON
SECTION 5 Employee Relations and Global HR
Robert L. Mathis  John H. Jackson
Chapter 16
Employee Rights and Discipline
PowerPoint Presentation by Charlie Cook
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2. After you have read this chapter, you should be able to:
Learning Objectives
After you have read this chapter, you should be able to:
Explain the difference between statutory rights and contractual rights.
Define employment-at-will and identify three exceptions to it.
Describe what due process is and explain some means of alternative dispute resolution.
Identify employee rights associated with access to employee records and free speech.
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3. Learning Objectives (cont’d)
Discuss issues associated with workplace monitoring, surveillance, investigations, and drug testing.
List elements to consider when developing an employee handbook.
Differentiate between the positive approach and the progressive approach to discipline.
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4. Rights and Responsibilities Issues
That which belongs to a person by law, nature, or tradition.
Responsibilities
Obligations to be accountable for actions.
Statutory Rights
Rights based on specific laws and statutes passed by federal, state, and local governments.
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5. Typical Employment Contract Provisions
Figure 16–1
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6. Contractual Rights
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7. Employment Practices Liability Insurance
Employment Practices Liability Insurance (EPLI)
Covers employer’s costs for legal fees, settlements, and judgments associated with employment-related actions such as:
Discrimination
Wrongful discipline
Sexual harassment
Wrongful termination
Negligent evaluation
Infliction of emotional distress
Breach of employment contract
Deprivation of career opportunity
Improper management of employee benefits
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8. Rights Affecting the Employment Relationship
Employment-at-Will (EAW)
A common law doctrine stating that employers have the right to hire, fire, demote, or promote whomever they choose, unless there is a law or contract to the contrary.
Employees have the right to quit and got another job under the same constraints.
Wrongful Discharge
Termination of an individual’s employment for reasons that are improper or illegal.
Fortune v. National Cash Register
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9. Employment-at-Will (EAW)
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10. Sample Employment-at-Will Statement
Figure 16–2
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11. Keys for Defense in Wrongful Discharge: The “Paper Trail”
Figure 16–3
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12. Constructive Discharge
Just Cause
Just Cause
Reasonable justification for taking an employment-related action.
Constructive Discharge
An employer deliberately makes working conditions intolerable for an employee in an attempt to get (to force) that employee to resign or quit.
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13. Due Process Due Process Distributive Justice Procedural Justice
The means used for individuals to explain and defend their actions against charges or discipline.
Distributive Justice
Perceived fairness in the distribution of outcomes.
Procedural Justice
Perceived fairness of the process used to make decision about employees.
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14. Criteria for Just Cause and Due Process
Figure 16–4
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15. Alternative Dispute Resolution (ADR)
Arbitration
Peer Review Panel
Alternative Dispute Resolution
Organizational Ombudsman
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16. Examples of Four-Step ADR Approaches
Source: Adapted from “HR Shop Talk,” Bulletin to Management, May 25, 2000, 166; and “Alternative Dispute Resolution,” Bulletin to Management, August 3, 2001, 247.
Figure 16–5
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17. Balancing Employer Security Concerns and Employee Rights
Right to Privacy
Defined in legal terms for individuals as the freedom from unauthorized and unreasonable intrusion into their personal affairs.
Privacy Rights and HR Records:
Access to personal information held by employer
Response to unfavorable information in records
Correction of erroneous information
Notification when information is given to a third party
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18. Employee Records ADA Provisions HR Records’ Security
Employee medical records are to be kept as separate confidential files available under limited conditions specified in the ADA.
HR Records’ Security
Restrict access to all HR records
Utilize confidential passwords to HRIS databases
Place sensitive information in separate files and restricted databases
Inform employees of types of data to retain
Purge outdated data from records
Release information only with employee’s consent
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19. Employee Record Files Figure 16–6
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20. Employee Free Speech Rights
Tracking Employee Internet Usage
Advocacy of Controversial Views
Whistle-Blowing
Monitoring of /Voice Mail
Free Speech Rights
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21. Keeping Tabs on Employees Online
Source: Adapted from data in “Keeping Tabs in Employees Online,” Business Week, February 19, 2001, p. 16.
Figure 16–7
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22. Methods of Dealing with Workplace Theft
Figure 16–8
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23. Impact of Substance Abuse on Employers
Figure 16–9
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24. Drug Testing and Employee Rights
Arguments Against Drug Testing
It violates employees’ privacy rights.
Drugs may not affect performance in every case.
Employers may abuse the results of tests.
Drug tests may be inaccurate.
Test results can be misinterpreted.
Types of Drug Testing
Urinalysis
Hair immunoassay
Fit-for-duty tests for impairment
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25. When to Test (Conditions)
Drug Testing
Conducting Drug Tests
Random testing of all employee at periodic intervals
Testing only in cases of probable cause
Testing after accidents
When to Test (Conditions)
Job consequences outweigh privacy concerns
Accurate test procedures are available
Written consent of the employee is obtained
Results are treated confidentially
Employers have a complete drug program, including an EAP.
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26. HR Policies, Procedures, and Rules
General guidelines that focus organizational actions.
“Why we do it”
Procedures
Customary methods of handling activities
“How we do it”
Rules
Specific guidelines that regulate and restrict the behavior of individuals.
“The limits on what we do”
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27. Typical Division of HR Responsibilities: Policies and Rules
Figure 16–10
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28. Legal Review of Language
Employee Handbooks
Legal Review of Language
Eliminate controversial phrases in wording.
Use disclaimers disavowing handbook as a contract.
Keep handbook content current.
Readability
Adjust reading level of handbook for intended audience of employees.
Use
Communicate and discuss handbook.
Notify all employees of changes in the handbook.
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29. Communicating HR Information
HR Publications and Media
Suggestion Systems
and Teleconferencing
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30. Positive Discipline Approach
Employee Discipline
Discipline
A form of training that enforces organizational rules.
Positive Discipline Approach
Counseling
Written Documentation
Final Warning (decision day-off)
Discharge
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31. Typical Division of HR Responsibilities: Discipline
Figure 16–11
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32. Progressive Discipline Procedure
Figure 16–12
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33. Reasons Why Discipline Might Not Be Used
Organization culture regarding discipline
Lack of support by higher management
Guilt
Loss of friendship
Time loss
Fear of lawsuits
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34. Good discipline (or a rule) is like a hot stove in that:
The Hot Stove Rule
Good discipline (or a rule) is like a hot stove in that:
It provides a warning (feels hot)
It is consistent (burns every time)
It is immediate (burns now)
It is impersonal (burns all alike)
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35. Discharge: The Final Disciplinary Step
Handling Discharges
Provide discharge warning at last disciplinary step before termination.
Provide the employee with written notice of the discharge that clearly states the reason(s) for the discharge decision, do not try to “sugarcoat” the reason(s).
Have an HR representative attend the termination meeting as a witness.
Inform the employee of HR or benefits issues.
Maintain a professional demeanor at all times.
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