1. Fundamentals of Human Resource Management
Eighth Edition
DeCenzo and Robbins
Chapter 4
Employee Rights and HR Communications

2. Introduction
Employee rights have become one of the more important human resource issues.
The U.S. Constitution, laws, and Supreme Court rulings have increasingly constrained employer actions related to employee rights.

3. Employment Rights Legislation and Its HRM Implications
Privacy Act of 1974
Requires government agencies to make available to employees information contained in their personnel files.
Employees may also have the right to review letters of recommendation made on their behalf.
Similar state laws apply to state and private-sector employees.
Restrictions include employee waivers of right to review and procedures which stipulate when and how a file can be accessed.

4. Employment Rights Legislation and Its HRM Implications
Privacy Act of 1974
Computerized information systems add more complexities and potential flexibility to employee records.
The Fair Credit Reporting Act of 1971
Extension to the Privacy Act
Requires employers to notify employees that their credit is being checked
Provide additional information to applicants who are negatively affected by a credit check.
Information used must be job relevant.

5. Employment Rights Legislation and Its HRM Implications
The Drug-Free Workplace Act of 1988
requires government agencies, federal contractors, and those receiving federal funds of $25,000 or more to actively pursue a drug-free environment.
Covered organizations
must establish and disseminate policies
provide substance-abuse awareness programs

6. Employment Rights Legislation and Its HRM Implications
The Drug-Free Workplace Act of 1988
Companies regulated by the Department of Transportation and Nuclear Regulatory Commission must test employees in certain jobs for drugs.

7. Employment Rights Legislation and Its HRM Implications
Drug-free policies must include:
What is expected of employees
Penalties for infractions of policies
Substance abuse awareness programs
Disseminated to all employees

8. Employment Rights Legislation and Its HRM Implications
Polygraph Protection Act of 1988
Prohibits employers in the private sector from using lie-detector tests in all employment decisions.
May still be used during investigations of suspected criminal activity
Employees can challenge the results of a polygraph.

9. Employment Rights Legislation and Its HRM Implications
Worker Adjustment and Retraining Notification Act of 1988
Plant Closing Bill
Protects employees from unexpected plant closings.
The law does recognize circumstances in which advance notice is impossible.

10. Employment Rights Legislation and Its HRM Implications
Worker Adjustment and Retraining Notification Act of 1988
Organizations employing 100 or more individuals
60 days notice in advance
Close the facility or lay off 50 or more workers
Penalty
One day’s pay and benefits for each day’s notice

11. Current Issues Regarding Employee Rights
Drug Testing
The severity of substance abuse in organizations has led to use of drug testing even by organizations not covered by the Drug-Free Workplace Act.
Drug testing of current employees typically:
Offers rehabilitation to those who fail
Communicates that drugs will not be tolerated

12. Current Issues Regarding Employee Rights
Drug Testing
Should be done after a job offer is made.
Those who fail are generally no longer considered.
Companies are
Moving to more precise tests by using ones that do not involve body fluids
Communicating clear policies and procedures
Relating the testing program to safety and job performance.

13. Current Issues Regarding Employee Rights
Honesty Tests
Written tests to get applicants to reveal information about their integrity.
Legal alternative to polygraph
Used to predict theft and drug use
Multiple questions on the same topic to assess consistency of responses.
Should not be used as the sole criterion for a hiring decision.

14. Current Issues Regarding Employee Rights
Whistle-blowing
occurs when an employee reports his/her employer to an outside agency over what the employee believes is an illegal or unethical practice.
Sarbanes-Oxley Act protects employees from retaliation for reporting company wrongdoing.
Laws protecting whistle-blowers vary by state.
Many firms have voluntarily adopted policies to protect employees who identify problems.

15. Current Issues Regarding Employee Rights
Employee Monitoring and Workplace Security
Interests are protected against
Theft
Revealing of trade secrets to competitors
Using the customer database for personal gain

16. Current Issues Regarding Employee Rights
Employee Monitoring and Workplace Security
Must balance these security needs with employee rights.
Develop and communicate policies for monitoring
computer
telephone

17. Current Issues Regarding Employee Rights
Workplace Romance
Some companies try to prevent relationships between employees because of potential discrimination or sexual harassment issues
Others view romance as having a positive effect.
Many companies have issued policies and guidelines on how relationships at work may exist.

18. The Employment-at-Will Doctrine
The doctrine, based on common law, allows employers to dismiss employees at any time for any reason.
Has been modified to prohibit termination based on race, religion, sex, national origin, age, or disability.

19. The Employment-at-Will Doctrine
Exceptions to the Doctrine:
Contractual relationship: A legal agreement exists defining how employee issues are handled.
Statutory considerations: Federal and/or state laws can create exceptions
Public policy violation: Employees cannot be fired for disobeying an illegal order from the employer

20. The Employment-at-Will Doctrine
Exceptions to the Doctrine:
Implied employment contract: verbal or written statements made by members of the organization, such as promises of job security or statements in an employee handbook.
Breach of good faith: An employer breaches a promise or abuses its managerial powers.

21. Discipline and Employee Rights
A condition where employees conduct themselves in accordance with the organization’s rules and standards of acceptable behavior.

22. Discipline and Employee Rights
Factors to consider when disciplining
Seriousness of the problem
Duration of the problem
Frequency and nature of the problem
Extenuating factors
Degree of socialization
History of organization’s discipline practices
Management backing

23. Discipline and Employee Rights
The most frequent violations requiring disciplinary action involve
Attendance
On-the-job behaviors
Dishonesty
Outside activities

24. Discipline and Employee Rights
Disciplinary Guidelines
Make disciplinary action corrective rather than punitive.
Make disciplinary action progressive; i.e. verbal warning, written warning, suspension, dismissal.

25. Discipline and Employee Rights
Disciplinary Guidelines
Follow the Hot-stove rule; i.e. immediate response; ample warning; consistency; impersonal.
Allow employees to have a representative present for disciplinary meetings.

26. Discipline and Employee Rights
Disciplinary Actions
Written verbal warning
Written warning
Suspension
Dismissal

27. Employee Counseling
This approach is most appropriate when a performance problem is not amenable to training and development or mentoring and coaching.

28. Employee Counseling
Listen to the employee to uncover the reason for poor performance.
Focus on performance-related behaviors
Get the employee to accept the problem, and work to find solutions.
Managers are not expected to solve employee’s personal problems
Employee Assistance Program

29. Using Employee Communications to Enhance Employee Rights
Why Use an Employee Handbook?
Helps employees learn about the company
Provides central information source concerning policies, work rules and benefits.
Helps ensure that HRM policies will be fair, equitable, and consistently applied.

30. Using Employee Communications to Enhance Employee Rights
Why Use an Employee Handbook?
Creates sense of security and commitment
Can be used to provide information to recruits.
Caution: Use disclaimer to avoid handbook being interpreted as implied contract.
Must be seen as useful, concise, well-organized and must be continually updated.

31. Using Employee Communications to Enhance Employee Rights
Using Information Technology for Employee Communications
Provides greater flexibility and timeliness of information.
Networked communication - , instant messaging, voice intranets and extranets, and the talking Internet.
Wireless communications - microwave signals, satellites, radio waves and radio antennas, and infrared light rays

32. Using Employee Communications to Enhance Employee Rights
Complaint Procedures
Step 1: Employee-supervisor
Step 2: Employee-employer relations
Step 3: Employee-department head
Step 4: Employee-president