1 / 24

Employee Relations Issues

Employee Relations Issues. Policies, procedures, rules Employee discipline Grievances Employee rights. Policies, Procedures and Rules. Policies: A general guideline For example: “XYZ, Inc. does not tolerate sexual harassment” Procedures A customary method

chelsia
Download Presentation

Employee Relations Issues

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Employee Relations Issues • Policies, procedures, rules • Employee discipline • Grievances • Employee rights

  2. Policies, Procedures and Rules • Policies: • A general guideline • For example: “XYZ, Inc. does not tolerate sexual harassment” • Procedures • A customary method • For example: the steps for reporting sexual harassment • Rules • A specific guideline (“programmed decision”) • For example: sexually harassing a subordinate is cause for termination

  3. About Rules, Policies, and Procedures • Why? • To ensure consistent treatment (i.e., fairness, procedural justice) • To reduce time demands (programmed decisions) • How communicated • Employee handbooks • Policy and procedure manuals

  4. Effective PPR • Internally consistent • Only those that are necessary • Applicable • Understandable • Reasonable • Distributed and communicated • Enforced

  5. Employee Discipline • Establishing discipline • Progressive discipline • Why managers don’t discipline employees • Why managers punish too soon

  6. Establishing Discipline Establish Rules Communicate Rules Assess Behavior Change Inappropriate Behavior

  7. Progressive Discipline • What it is? • Gradual movement from less to more severe penalties • Why? • Fair treatment for employees (chance to improve) • Preserve company’s investment in employees • Maintain employee morale • Ethical considerations • Professional approach to discipline • Legal considerations

  8. Steps in Progressive Discipline • General steps • Verbal warning • Verbal caution (recorded) • Formal written reprimand • Suspension (paid or unpaid) • Demotion or termination • May start at a higher level for more severe offences (for example, immediate termination for drug use)

  9. Why Managers Don’t Discipline Employees • Lack of training • Lack of support from above • Fear of acting alone • Guilt • Loss of friendships • Loss of time • Fear of losing one’s temper • Rationalization • Lack of appropriate policies and rules • Fear of lawsuits

  10. Why Managers Punish Too Soon • Lack of training • Not aware of alternatives • Fast, quick solution to problems • Personal gratification • Frustration • Belief that punishment is the best way to change employee behavior

  11. Employment at Will • Common law doctrine: • Employers may hire, fire, demote and promote whomever they choose, unless a law exists to the contrary • Depends on state courts’ interpretations • General exceptions to EAW: • Public policy • Violation of law • Filing workers’ comp claim • Refusal to commit illegal acts) • Implied employment contract (the employee handbook) • Good faith and fair dealing

  12. Just Cause • Reason for termination stems from a job-related, work performance problem • Employee knew that the problem could result in termination • If necessary, a fair and impartial investigation has been conducted (and documented) • Substantial evidence supports firing employee • Firing is not an unusually harsh action • Problems are handled consistently

  13. Grievances • Procedure for dealing with employee dissatisfaction with management action • Found in union and many non-unionized organizations (FedEx, for example) • Involves appeals through various levels of management, sometimes hearing by management / employee panel

  14. Employee Rights • Access to personnel records • Substance abuse / drug testing • Medical records and genetic testing • Off-the-job activities • Polygraphs and honesty testing • Miscellaneous • Email and employee monitoring • Whistle blowing • Right to be aware of hazards • Plant and facility closings

  15. Access to Personnel Records • Unauthorized individuals should not have access • Individual records are confidential information • Employer has responsibility to take reasonable precautions to ensure this • However, the employee has right to see his / her records • Employee also has the right to: • Respond to unfavorable information and correct erroneous information • Be notified (or possibly consent) if information is released to a third party • Know how information is used internally

  16. Substance Abuse and Drug Testing • Occurs in at least 85% of U.S. firms • Why? • Absenteeism • Turnover • Accidents and workers’ compensation claims • Health care costs • Public safety

  17. Who Gets Tested? • New hires (after conditional offer of employment) • Probable cause (such as accidents) • Employees at random • In certain industries, such as transportation • As a condition of being given a second chance

  18. Medical Records and Genetic Testing • Employee medical records: • Must be kept separate from other personnel records • Medical conditions not grounds for dismissal if employee can perform the job • Genetic testing: • Are employee, spouse or dependents at risk for developing an expensive-to-treat medical condition? • But…a certainty or just a predisposition? • Reluctance to hire and ADA

  19. Off-the-Job Activities • Dating • Smoking • Language issues

  20. Dating at Work • Possibility of conflict of interest if employee is dating a competitor’s employee • Possible perceptions (or reality !) of sexual harassment • Employer’s moral standards (WalMart case) • Nepotism • More and more, spouses and relatives are allowed to work for same employer • Normally,not allowed to work in same unit, one can’t supervise the other

  21. Smoking • The employer can prohibit / restrict at work • Difficult to forbid off-the-job (how to enforce?) • No federal protection, but smokers may be protected under state law (including Tennessee) • Some employers can ban smoking (primarily around children)

  22. Language Issues • Can employees speak a language other than English at work? • Yes, on breaks • No, not at work

  23. Polygraphs and Honesty Testing • Polygraphs • Now illegal for pre-employment screening in most instances • Can be used for security agencies, governments, manufacturers of controlled substances • Can be used (with employee’s consent) for internal investigations of theft or losses • Honesty testing • A substitute for the polygraph? • Test validity?????

  24. Miscellaneous Issues • E-mail and other employee monitoring • Employers are free to read email and monitor productivity and other activities • Internet screens • Do need to notify employees that they are being monitored • Whistle blowing • Right to be aware of hazards (OSHA) • Notification of plant and facility closings (WARN)

More Related