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15Chapter Fifteen

Managing Employee Discipline

LIST four behavioral categories of difficult

employeesDESCRIBE steps that can be taken to prevent theft

by employees

DISCUSS the elements of a disciplinary system

DEFINE employment at will

EXPLAINwhy some employees are opposed to drug

testing, even after an accident

LEARNING OBJECTIVES

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15-2

Managing Employee Discipline:

The Discipline Process

Diagnose internal and

external factors in

discipline situations

Prescribe and implement

appropriate remedial

actionsEvaluate the effectiveness

of the discipline decisions

Employee

Rights

Management

Prerogative

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Ineffective Employees:

Thosewhose quality or quantity ofwork is

unsatisfactory

Alcoholic and Substance-Abusing Employees:

Thosewhose personal problems off the job

begin to affect productivity on the job

Participants in Theft and Other IllegalActs:

Thosewho violate laws while on the job

RuleViolators:

Thosewho consistently break company rules

and do not respond to supervisory reactions

15-3

Managing Employee Discipline:

Behavioral Categories

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15-4

Drug Testing & Employee Discipline:

Employee/Employer Viewpoints

Employees

perceived right

to privacy orconfidentiality

DRUGDRUG

TESTINGTESTING

DRUGDRUG

TESTINGTESTING

Employers

legitimate

business &liability interests

Defamation of character

claimsNegligence claims

Invasion of privacy claims

Insurance costs

LawsuitsProductivity concerns

Safety & health concerns

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15-5

Drug Testing & Employee Discipline:

Common Legal ApproachesDRUGTESTING FORCAUSE

Conducted for reasonable cause (e.g., after accidents)

Courts generally uphold such drug testing for public & private

employees

DRUGTESTINGTO ENSURE PUBLICSAFETYUsed by governments & transportation-related businesses

Conducted in various forms by governments & transportation-

related businesses

POST-REHABILITATIONOREAP DRUGTESTING

Conducted following professional diagnosis & treatment programs

Recovering addicts, not current users, receive ADA protection

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Conducted at the will or discretion of an employer

Employees often chosen through a random number generator

program

Raises considerable illegal search and seizure and privacy rights

under the Fourth Amendment

Must considerable applicable federal and state laws that mayregulate employee drug testing

Often the courts and some states forbid an employer from

randomly drug testing its employees

Drug Testing & Employee Discipline:

Suspect Approaches

15-6

RANDOM DRUGTESTINGRANDOM DRUGTESTING

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15-7

Employee Theft and Illegal Acts

RECENTAPPROACHES EMPHASIZE:Problem recognition

PreventionConflict confrontation

INCLUDESTHE USE OF:

Security programsPre-employment screening

Otherways (see exhibit 15-2)

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15-8

Approaches to Discipline

HOTSTOVE RULEWarning system

Immediate burn

Consistency

Impersonality

POSITIVE DISCIPLINE

C

onsidered more future-orientedDeemphasize punitive action

Workwith employees to solve

disciplinary problems

PROGRESSIVE DISCIPLINESequence of penalties for actions

Penalties move from less severe to

more severe

Due process at work

See example in Exhibit 15-6

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15-10

Employment at Will and

Probationary Employees

MOSTCOMMONTYPES

OF PROBATION:

Initial Hire or Rehire Probation

Promotion orTransfer Probation

Disciplinary Probation

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15-11

Employment at Will &

Prob

ationary Employees:Some Employment-Related Issues

Duration and Extensions of Probationary Periods

Legal, but should be supported by job-related factors

Benefits and Compensation

New hires may be paid on two-tier scale & receive only

mandated benefits

Assessment and TrainingBroad authority to assess job related behaviors during probation

Employment Law

Probationary employees retain employment law protection