© 2004 by prentice hall terrie nolinske, ph.d. 14 - 1 respecting employee rights and managing...
TRANSCRIPT
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 1
Respecting
Employee
Rights
and
Managing
Discipline14
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 2
Challenges
• What are the origins and the scope of employee rights and management rights?
• What is employment-at-will?• How does progressive discipline differ
from positive discipline?• How can supervisors manage difficult
employees?• How can disciplinary actions be avoided?
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 3
Employee Rights Statutory Rights
• Protect from discrimination
• Safe working conditions
• Right to form unions
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 4
3 Types of Employee Rights
• Employment contract
• Union contract
• Implied contract
• Employment policies
Employee Rights Contractual Rights
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 5
3 Types of Employee Rights
• Ethical treatment
• Limited privacy
• Limited free speech
Employee Rights Other Rights
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 6
Creating Ethical and Fair Work Environment
• Develop trust • Honor commitments • Act consistently • Be truthful and avoid white lies• Avoid manipulating others • Keep confidences • Show concern for others
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 7
Create Healthy Work Environment
• Define clear expectations• Treat employees equitably• Avoid favoritism• Adhere to reasonable standards• Respect employees • Recognize employee contributions
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 8
Management Rights
• Run business and retain any profits• Manage workforce: hire, promote, assign,
discipline, discharge employees• Influenced by stakeholders• Employment at will
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 9
Employment at Will
Common-law rule…
asserts employer’s right
to end their
employment relationship
with an employee
at any time
for any cause.
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 10
Legal Limitations to Employment at Will: Public Policy Exceptions
• Courts ruled that an employee cannot be discharged for activities protected by law:
• File legitimate workers’ compensation claim
• Exercise a legal duty, such as jury duty
• Refuse to violate a code of ethics
• Refuse to support a political candidate favored by employer
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 11
Legal Limitations to Employment at Will: Implied Contracts
• May exist when employer makes oral or written promises of job security
• Write employee handbook to eliminate language that could imply a contract
• Treat each party in good faith
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 12
Random Drug Testing
• Required by law for specific occupations where safety is critical
• May be challenged where employer has other methods available to ensure drug-free work environment
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 13
Electronic Monitoring
• May help deter theft
• Increased sophistication of computer and telephone technology is costly
• Employees see electronic monitoring as legitimate when it is used to control theft
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 14
Whistle-blowing
• Employees use whistle-blowing
to hold employers accountable
• Risky -- managers and employees often deal harshly with whistle-blower
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 15
Whistle-blowing: Do’s
• Make sure allegation is correct
• Document observations and attempts to
rectify the problem
• Keep documentation outside the office
• Find out if state protects whistle-blowers
• Talk to your family about repercussions
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 16
Whistleblowers: Don’ts
• Do not assume laws will protect you
• Do not run to the media
• Do not expect money if you’re fired
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 17
Effective Disciplinary Sessions
• Is discipline called for• Is problem isolated infraction or a
pattern• Identify clear, specific goals• Engage in two-way discussion• Identify a plan • Follow-up• End on a positive note
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 18
Steps in Progressive Disciplinary Action
• Verbal warning
• Written warning
• Suspension
• Discharge
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 19
Positive Discipline
• Encourage employees to monitor their own behaviors and assume responsibility for their actions
• Supervisor uses counseling skills to motivate the employee to change
• Train supervisors in giving feedback and using positive discipline
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 20
Just Cause Standard of Discipline
• Notification Was employee forewarned of disciplinary consequences of his or her conduct?
• Reasonable Rule Was the rule the employee violated reasonably related to safe and efficient operations?
• Investigation Before the Discipline Did managers conduct an investigation into misconduct before administering discipline?
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 21
Just Cause Standard of Discipline
• Fair Investigation Was investigation fair and impartial?
• Proof of Guilt Did investigation provide substantial evidence or proof of guilt?
• Absence of Discrimination Were rules, orders and penalties of disciplinary action applied without discrimination?
• Reasonable Penalty Was disciplinary penalty reasonably related to seriousness of rule violation?
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 22
When Administering Discipline…
• Never lose your temper
• Tackle disciplinary action head on, do not avoid it
• Never play therapist
• Make sure employee assumes responsibility for change
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 23
Prevent Need for Discipline with Proper HR Management
Many of the functional areas of HR can be
designed to prevent problem employees:
–Recruitment and Selection–Training and Development–Human Resource Planning–Performance Appraisal–Compensation
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
(c) 2007 by Prentice Hall 14-24
Managing Difficult Employees
• Poor performance
• Insubordination• Alcohol-related
misconduct• Illegal drug use
and abuse
© 2004 by Prentice Hall Terrie Nolinske, Ph.D.
14 - 25
What systems can be put into place to assure that all employees follow the business’ code of ethics? How can department managers work with HR staff to do this?
Case