Week 9: Employee Rights and Discipline

1. Week 9: Employee Rights and Discipline Agenda for Today • Understand basic employee and employer rights and responsibilities • Discuss different approaches to understanding and remedying disciplinary problems • Understanding the discharge process • Discuss the importance of justice perceptions in discipline procedures • In-class exercise: Spiked Milk

2. Employer Responsibilities vs. Employee Rights Employer Responsibilities Employee Rights • Wrongful Discharge (exceptions to EAW) • Violation of public policy • Implied contract • Implied covenant of good faith • Constructive Discharge • Plant Closing Notification • Privacy Rights • Substance abuse & drug testing • Employee searches & surveillance • Access to personnel files • Email & voice mail privacy • Employment-at-will (EAW) • Safe workplace • Fair treatment of employees • Provide safe, quality goods & services to consumers

3. Why Use Discipline? • Attendance problems, e.g., • Unexcused absences • Chronic absenteeism • Dishonesty and related problems, e.g., • Theft • Falsifying employee application • Work performance problems, e.g., • Failure to complete work assignments • Producing substandard products or services • On-the-job behavior problems, e.g., • Intoxication at work • Insubordination • Horseplay, fighting, gambling, sleeping on the job, use drugs

4. What Are The Goals of Discipline? • Depends on Definition of Discipline • Training that molds & strengthens desirable conduct—or corrects undesirable conduct—and develops self-control • Treatment that punishes • Orderly behavior in an organizational setting

5. Disciplinary Model Organization discipline policy Definition of discipline Violation of org. rules Investigation of employee offense Disciplinary interview Progressive discipline Due process Just cause Discharge

6. Understanding & Remedying Performance Problems • Factors that contribute to individual's performance: Recall that: Perf. = f (Attributes * Motivation * Support) • Identify underlying causes of unsatisfactory performance by focusing on the three factors, e.g., • Could the employee do the job if the situation absolutely demanded it? • No? It could be due to Skill Deficiency (lack of KSAs) • Find out if the employee could do the job in the past – • Could the employee have forgotten the skill? • Can others perform the job but not this employee? • Is the skill used often by the employee? • Is there regular feedback received from performing the job? • Will the employee learn the skill on the job if possible?

7. What Can Be Done to Remedy Skill Deficiency? • Training • Transfer • If all else fails, Terminate • Avoid using discipline methods except as a last resort • Illegal to use discipline to correct poor performance when employee has a physical or mental disability: use reasonable accommodation • Reassess selection, promotion, job orientation systems: • Did the system do a good job in matching employee skills with job requirements?

8. What Else Could Cause Poor Performance? • Could the employee do the job if the situation absolutely demanded it? • Yes? Could it be Motivational or Situational (Support) Problem? • Is there a Lack of Motivation?? • Is the job boring? • Is the performance lower on all tasks? • Is there a lack of equity in the job (procedural/distributive justice)? • What can be done differently? • Job redesign: job enrichment, job rotation, transfer • Establish equity • Set clear, challenging, attainable, important goals

9. What Else Could Account for Lack of Motivation? • Could it be that desired performance is being punished? • Are employees violating some implicit work norms? • Is nonperformance being rewarded? • Are other employees picking up the slack? • Does good performance really matter? • What can be done? • Clarify linkage between performance and rewards • Recognize good performance • Determine what is a reward in employees’ perception • Feedback, Feedback, Feedback! – Let employees know how they are doing • Communicate career development/career pathing systems

10. Could Poor Performance Be Due to Situational Factors? • Is performance erratic due to Lack of Support? • Are performance problems showing up in all employees, even those who have the will to work? • What are the obstacles to getting the job done? • Does the employee have the necessary resources to do the job (e.g., supplies, equipment, budget, personnel)? • Does the employee lack the authority, time or tools to get the job done? • Are there conflicting demands on employee’s time? • Is there a lack of communication between the employee and the manager? • Does the employee know what is expected from him/her (e.g., job priorities, level of performance, timeliness)?

11. What Can Be Done? • Empower employees by providing authority • Streamline work processes so that: • There are resources needed to do the job • The employees are clear about roles and responsibilities • Define and communicate performance expectations • Set mutually acceptable goals • Feedback! Feedback! Feedback! • Give effective feedback that is immediate, specific, behavioral, and includes both positive and negative aspects • Use various ways to get message across (e.g., verbal and written)

12. Is Poor Performance Due to Personal Factors? • Is the employee experiencing: • Work-family conflict? • Health related problem (physical or mental)? • Financial Crisis? • Alcohol/Drug dependency problem? • What can be done? • Clarify job/role expectations • Communicate organizational rules and procedures • Develop improvement plan with employee • Establish family friendly workplace policies • Refer to EAP • Should be confidential and voluntary • Employee should not be penalized for participating

13. Some Reasons Why People Seek EAP • According to a Sept. 17 2001 BusinessWeek Report: The current situation is causing workers and their families to feel desperate for help. There has been an increase in calls this year to Employee Assistance Professionals about… • Financial trouble 60% • Legal problems 25% • Marital and relationship turmoil 20% Data: Economy.com, U.S. District Courts, American Bankers Assn., Federal Reserve, Compsych.

14. Discipline – When and Which One to Use? • When the employees do not respond to actions described previously, disciplinary action needs to follow • Types of Disciplinary Actions: Progressive & Positive • Progressive Discipline: • Application of corrective measures by increasing degrees • Designed to motivate employee to change behavior voluntarily • Aimed at nipping the problem in the bud; uses just enough correct action to remedy the situation • When applied properly, employees will know: • Where they stand regarding offenses • What improvements are expected of them • What will happen next if improvement is not made • Downside: can be intimidating & adversarial

15. Positive Discipline • Positive or Nonpunitive discipline requires: • Employees to assume full responsibility for personal conduct and job performance • An early correction of misconduct • A cooperative environment that facilitates joint discussion and problem solving between employee and manager • Focus is on reminders not reprimands to improve perf. • Advantages: • Employees prefer to be treated with respect • Greater willingness to change undesirable behavior • Better working relationships between manager & employee • Downsides: • Costly: training managers & supervisors in counseling skills • Time consuming: requires a lot of time to be effective

16. Administering and Managing Discipline • Employees should not be disciplined without receiving due process: • Was the employee treated fairly? • Does the employee have the right to appeal? • If the employee was discharged, was it for just cause? • For just cause to have existed, an affirmative (“yes”) answer is required for seven just cause questions • Failure to answer “yes” to any one question indicates that disciplinary action was arbitrary and unwarranted • Just cause and due process are about fairness and justice—procedural and distributive justice

17. Major Types of Discharge • Wrongful Discharge: When an employee is terminated for illegal/improper reasons • Defense in Wrongful Discharge: Create a “Paper Trail” • Performance Appraisal: Make sure performance appraisals give accurate picture of person’s performance • Written Records: Maintain written records on behaviors leading to dismissal • Written Warning:Warn employees in writing before dismissal • Group Involvement: Involve more than one person in termination decision • Grounds for Dismissal: Put grounds for dismissal in writing • Constructive Discharge: When conditions are made intolerable for employees in an attempt to get them to quit. Constructive Discharge is not just cause!

18. HR’s Role in Preventing Unjust Dismissals • Recruitment: Beware of creating implicit or explicit contracts in recruitment ads. • Interviewing: Do not use phrases such as “employment security” or “permanent” to entice a candidate to accept a job. • Employment Applications: Include a statement that describes the rights of at-will employees as well as those of the employer. • Handbooks and Manuals: Employee handbooks are regarded as implicit contracts by many courts of law. • Performance Appraisals: Tell it like it is rather than leading to believe that performance is satisfactory. Document employee misconduct, provide progressive discipline, build a record for just cause.

19. Creating a Just Work Environment • Provide individuals and groups the capacity to be heard • Creating “voice systems” demonstrates a commitment to procedural justice by: • Assuring fair treatment to employees • Providing a context in which unfair treatment can be appealed • Helping to improve the effectiveness of an organization • Sustaining employee commitment and loyalty • Examples of voice systems: • Grievance or internal complaint procedures • Ombudspersons, open-door polices, toll-free telephone nos. • Participative management systems, senior management visits