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Respecting Employee Rights and Managing Discipline

Chapter 14. Respecting Employee Rights and Managing Discipline. Chapter 14 Overview. Understand the origins and the scope of employee rights and management rights Explain why the HR department must balance management’s rights and employees’ rights when designing employment policies

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Respecting Employee Rights and Managing Discipline

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  1. Chapter 14 Respecting Employee Rights and Managing Discipline (c) 2007 by Prentice Hall

  2. Chapter 14 Overview • Understand the origins and the scope of employee rights and management rights • Explain why the HR department must balance management’s rights and employees’ rights when designing employment policies • Describe the employment-at-will doctrine • Distinguish between progressive discipline procedures and positive discipline procedures (c) 2007 by Prentice Hall

  3. Chapter 14 Overview (cont’d) • Apply fair standards to a case of employee misconduct and justify the use of the discipline • Manage difficult people who challenge their supervisors with such problems as poor attendance, low performance, insubordination, and substance abuse • Avoid disciplinary actions by taking a proactive and strategic approach to HRM (c) 2007 by Prentice Hall

  4. Employee Rights • Statutory right – A right protected by specific laws. • Contractual rights – A right based on the law of contracts. • Employment contract • Due process • Wrongful discharge (c) 2007 by Prentice Hall

  5. Other Rights • Right to ethical treatment • Limited right to privacy: personnel file/Privacy Act of 1974 • Limited right to free speech (c) 2007 by Prentice Hall

  6. Management Rights • Employment-at-will • Legal limitations to employment-at-will • Public policy expectations • Implied contracts • Lack of good faith and fair dealing (c) 2007 by Prentice Hall

  7. Employee Rights Challenges A Balancing Act (c) 2007 by Prentice Hall

  8. Employee Rights Challenges • Random drug testing • Electronic monitoring • Whistleblowing • Restrictions on office romance (c) 2007 by Prentice Hall

  9. Electronic Monitoring (c) 2007 by Prentice Hall

  10. Disciplining Employees • Progressive Discipline • Verbal warning • Written warning • Suspension • Discharge (c) 2007 by Prentice Hall

  11. Categories of Employee Misconduct (c) 2007 by Prentice Hall

  12. Disciplining Employees • Positive Discipline – A discipline procedure that encourages employees to monitor their own behaviors and assume responsibility for their actions. (c) 2007 by Prentice Hall

  13. Administering and Managing Discipline Basic Standards of Discipline • Communication of rules and performance criteria • Documentation of the facts • Consistent response to rule violations • Hot-stove rule (c) 2007 by Prentice Hall

  14. The Just Cause Standard of Discipline • Notification • Reasonable rule • Investigation before the discipline • Fair investigation • Proof of guilt • Absence of discrimination • Reasonable penalty • The right to appeal (c) 2007 by Prentice Hall

  15. Managing Difficult Employees Poor Attendance • Is the attendance rule reasonable? • Has the employee been warned of the consequences of poor attendance? • Are there any mitigating circumstances that should be taken into consideration? (c) 2007 by Prentice Hall

  16. Mistakes to Avoid When Administering Discipline • Losing your temper • Avoiding disciplinary action entirely • Playing therapist • Making excuses for an employee (c) 2007 by Prentice Hall

  17. Managing Difficult Employees • Poor performance • Insubordination • Alcohol-related misconduct • Illegal drug use and abuse (c) 2007 by Prentice Hall

  18. Preventing the Need for Discipline with HRM • Recruitment and Selection • Training and Development • Human Resource Planning • Performance Appraisal • Compensation (c) 2007 by Prentice Hall

  19. Summary and Conclusions • Employment rights • Management rights • Disciplining employees • Administering and managing discipline • Managing difficult employees • Preventing the need for discipline with HRM (c) 2007 by Prentice Hall

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