2. DeCenzo and Robbins HRM 7th Edition1 CHAPTER 4 Employee Rights

3. DeCenzo and Robbins HRM 7th Edition2 CHAPTER 4 TOPICS: x 1: Privacy x 2: Drug-Free Workplace x 3: W.A.R.N. x 4: Employee drug testing x 5: Honesty tests x 6: Employment-at-will doctrine x 7: Exceptions to employment-at-will x 8: Discipline contingency factors x 9: Discipline guidelines x10: Employee counseling

4. DeCenzo and Robbins HRM 7th Edition3 1: PRIVACY z Privacy Act of 1974 yFederal government agencies yLetters of recommendation yContents of employee file yComputerization z Fair Credit Reporting Act of 1971

5. DeCenzo and Robbins HRM 7th Edition4 2: DRUG-FREE WORKPLACE ACT OF 1988 z Organizations yDepartment of Transportation yNuclear Regulatory Commission yFederal contractors yGovernment agencies yReceive $25,000 in federal funds

6. DeCenzo and Robbins HRM 7th Edition5 2: DRUG-FREE POLICIES MUST INCLUDE z What is expected of employees z Penalties for infractions of policies z Substance abuse awareness programs z Disseminated to all employees

7. DeCenzo and Robbins HRM 7th Edition6 2: POLYGRAPH PROTECTION ACT OF 1988 z Illegal to screen all applicants z Little job-related value z Used to determine theft in organizations z Results can be challenged See Exhibit 4-1

8. DeCenzo and Robbins HRM 7th Edition7 Exhibit 4-1: Polygraph Protection Notice

9. DeCenzo and Robbins HRM 7th Edition8 3: W.A.R.N. ACT z Worker Adjustment and Retraining Notification z 1988 z Plant Closing Bill z 100+ employees z 50+ layoffs or closing z 60 days notice

10. DeCenzo and Robbins HRM 7th Edition9 3: MORE W.A.R.N. z Penalty??? yOne day’s pay and benefits for each day’s notice z Exceptions yForeclosure yNot bankruptcy

11. DeCenzo and Robbins HRM 7th Edition10 4: CURRENT EMPLOYEE RIGHTS ISSUES z Drug testing z Honesty tests z Employee monitoring

12. DeCenzo and Robbins HRM 7th Edition11 4: DRUG TESTING SIGNIFICANCE zVoluntary participation because of severity zLarge percentage of employees are abusers z x(Find out how many and report to class for 1 point.)

13. DeCenzo and Robbins HRM 7th Edition12 4: AND…. z1/2 of injuries and deaths zHealth-care expenditures over $246 billion

14. DeCenzo and Robbins HRM 7th Edition13 4: DRUG TESTING PRACTICES zEmployees yImmediate termination yRehabilitation zApplicants yNot hired ySome companies may hire later

15. DeCenzo and Robbins HRM 7th Edition14 4: COMMENTS SO FAR??? zEffects on job related activities yAttendance yProductivity/quality yAccidents zCriticisms yFalse positives yImproper administration yDignity

16. DeCenzo and Robbins HRM 7th Edition15 4: REASONABLE EXPECTATIONS zPrivacy zHumane treatment zSafeguards x (See Exhibit 4-3) zHelp, not punishment zHRM create positive atmosphere

17. DeCenzo and Robbins HRM 7th Edition16 Exhibit 4-3: Alternatives to Body Fluid Testing

18. DeCenzo and Robbins HRM 7th Edition17 5: HONESTY TESTS zIntegrity tests zLegal alternative to polygraph zPaper & pencil zConsistency in responses zFocus yTheft yDrug use

19. DeCenzo and Robbins HRM 7th Edition18 5: WHISTLE BLOWING zReport corporate wrong doing zProtect the workers yRetaliation yTermination zHow to do it???

20. DeCenzo and Robbins HRM 7th Edition19 5: WHISTLE BLOWING POLICY zWritten form zTop management support zCommunicate zNo red tape reporting zAnonymous zAND….

21. DeCenzo and Robbins HRM 7th Edition20 5: WHISTLE BLOWING POLICY zGuarantee protection zFormal investigative process zPrompt action zCommunicate results quickly to employee zAppeals process zCommitment to ethical environment xSee Exhibit 4-4

22. DeCenzo and Robbins HRM 7th Edition21 Exhibit 4-4: Ten Steps to an Effective Whistle-Blowing Policy

23. DeCenzo and Robbins HRM 7th Edition22 5: OTHER EMPLOYEE RIGHTS ISSUES zEmployee monitoring zWorkplace security zLegislating love zSexual orientation rights

24. DeCenzo and Robbins HRM 7th Edition23 6: EMPLOYMENT-AT-WILL DOCTRINE z Dismissal for yGood cause yNo cause yWith no guilt z Challenges treat jobs as private property z Most states permit employees to sue for unjust termination

25. DeCenzo and Robbins HRM 7th Edition24 7: EMPLOYMENT-AT-WILL EXCEPTIONS zContractual relationship zStatutory considerations zPublic policy violation zImplied employee contract y(Handbook!) zBreach of good faith

26. DeCenzo and Robbins HRM 7th Edition25 8: WHEN AN EMPLOYEE DOESN’T SELF-DISCIPLINE zRules and standards not followed zExamples?? z See Exhibit 4-6 zExtrinsic disciplinary is warranted

27. DeCenzo and Robbins HRM 7th Edition26 Exhibit 4-6: Specific Disciplinary Problems

28. DeCenzo and Robbins HRM 7th Edition27 8: CONSIDER THESE FACTORS IN DISCIPLINE z Seriousness z Duration z Frequency and nature z Extenuating circumstances z Socialization z Typical practices z Management backing

29. DeCenzo and Robbins HRM 7th Edition28 9: DISCIPLINARY GUIDELINES zCorrective, not punitive zProgressive zHot-stove rule yImmediate yWarning yConsistent yImpersonal

30. DeCenzo and Robbins HRM 7th Edition29 9: DISCIPLINARY ACTIONS zWritten verbal warning zWritten warning zSuspension zDismissal

31. DeCenzo and Robbins HRM 7th Edition30 9: WANT TO TRY POSITIVE DISCIPLINE?? zIntegrate with performance management system zReinforce good behavior rather than issue write-ups zSteps (Exhibit 4-8) yOral reminder yWritten reminder yDecision-making leave

32. DeCenzo and Robbins HRM 7th Edition31 Exhibit 4-8: Steps in Positive Discipline

33. DeCenzo and Robbins HRM 7th Edition32 10: EMPLOYEE COUNSELING zSkill deficiency? zIntervene with yTraining yDevelopment zAttitude problem? z Intervene with yCounseling

34. DeCenzo and Robbins HRM 7th Edition33 10: EMPLOYEE COUNSELING zBe a good listener zThen follow these steps….

35. DeCenzo and Robbins HRM 7th Edition34 10: EMPLOYEE COUNSELING STEPS zDocument zBe objective, fair, equitable zConfront performance only zOffer assistance zExpect resistance and defensiveness zAND…..

36. DeCenzo and Robbins HRM 7th Edition35 10: MORE EMPLOYEE COUNSELING STEPS zGet employee to own the problem zDevelop an action plan zIdentify outcomes for failure zMonitor and control progress

37. DeCenzo and Robbins HRM 7th Edition36 QUICK: REVIEW CHAPTER 4 yANSWER THESE QUESTIONS ON A SHEET OF PAPER. x1. THE MOST IMPORTANT THING WE DID IN CLASS TODAY _______. x2. I STILL HAVE QUESTIONS ABOUT_______. x3. THE BEST THING IN CLASS TODAY WAS ____. x4. DON’T D0 ____________ ANYMORE. TURN IN YOUR PAPERS, PLEASE. NO NAMES. WE’LL TALK NEXT CLASS SESSION

38. DeCenzo and Robbins HRM 7th Edition37 PREVIEW: CHAPTER 5 yIn newspaper or online want ads: yFind an example of an ad that clearly describes xWhat you will do on the job xWhat skills or background are needed for the job yFind an example of an ad that gives you no idea of xWhat you will do on the job xWhat skills or background are needed for the job Bring these with you to class next time.

39. DeCenzo and Robbins HRM 7th Edition38 Exhibit 4-2: Summary of Laws Affecting Employer Rights

40. DeCenzo and Robbins HRM 7th Edition39 Exhibit 4-5: Selected Companies: Policies on Organizational Romance

41. DeCenzo and Robbins HRM 7th Edition40 Exhibit 4-7: The Progressive Discipline Process