ETHICAL PROBLEMS OF MANAGERS

1. ETHICAL PROBLEMS OF MANAGERS lussier referencing Chapter 6 Trevino & Nelson, Managing Business Ethics. NY: Wiley, 1999.

2. Identify a range of ethical issues that arise involving human resource activities and general supervision for which managers are responsible. Examine ways managers can influence “direct reports” Objective

3. Managing the “Basics” • Recruitment, hiring, promotion, • Work assignments • Terminations (firing, layoffs) • Performance appraisal & Rewards • Discipline

4. Recruitment & Hiring • “Flipping” A search for prospective employees through questionable electronic means. • Uncovers employee E-mail addresses through links to corporate Web pages. • At its most complex, flipping provides unauthorized entry into a company's intranet to view proprietary organization charts and personnel lists. Alexander, S. Those flippin' recruiters. Computerworld.  November 23, 1998

5. Recruiting & Hiring • Direct “Poaching” Attempting to lure competitor’s employees through direct assault using questionable approaches? Example: Recruiter approached a competitor’s entry clerk and said he was looking for an entry clerk. Asks if the employee is happy in her job.

6. College Recruitment Practices • Employment professionals will maintain equal employment opportunity (EEO) compliance and follow affirmative action principles • supply accurate info on organization and job opportunities Principles for Employment Professionals: National Association of Colleges & Employers

7. College Recruiters will • refrain from any practice that improperly influences and affects job acceptances. Such practices may include: • undue time pressure for acceptance of employment offers; and • encouragement of revocation of another employment offer. • strive to communicate decisions to candidates within the agreed-upon time frame. • If conditions change and require the employing organization revoke its commitment, the employing organization will pursue a course of action for the affected candidate that is fair and equitable.

8. College Recruiters will . . . • not seek to extract special treatment as a result of support, to the college or career services office in the form of contributed services, gifts, or other financial support. • maintain confidentiality of student information • avoid disclosure of student information to another organization without the prior written consent • advise students in a timely fashion of the type and purpose of any test required as part of the recruitment process and to whom the test results will be disclosed. • All tests will be reviewed by the employing organization for disparate impact and job-relatedness.

9. Negligent Hiring & Retention • “Respondeat Superior”employer can be held liable for wrongful acts of employees who were acting within the scope of employment. • “Negligent Hiring”holds you responsible to third parties injured by employees when you fail to carefully select competent and safe employees. Employee does not have to be acting on your behalf when the wrongful act is committed . • “Negligent Retention”if employer learns of an employee's unfitness after (s)he is hired and fails to take any corrective action. Employers, beware of negligent hiring and retention. West Virginia Employment Law Letter in HR Hero.com (2000).

10. Avoid Liability Related to Hiring & Retention • Require job application from employee and follow-up on gaps in employment history. • Ask for references not related to the candidate. Candidate should be required to sign a release as part of the application, giving you permission to contact references and former employers • Specifically inquire about the candidate's honesty and reliability & traits that would make him or her unfit as an employee • Ask the applicant about prior convictions (not arrest record!) • Conduct personal interview • Once Hired, monitor employee’s fitness. • Any allegation of misconduct by an employee should be thoroughly investigated, documented, and taking immediate corrective action .

11. References A Neutral Reference Policy restricts the free flow of information that is critical to an employer's ability to make well-informed, responsible hiring decisions. • Not giving a complete reference is . . . unfair to both the former employee and prospective employer. • The good employee is punished because of her former employer's reluctance to provide a detailed reference. • So is the next employer of a poor performer, which inherits an ineffective, unqualified worker. To Give or Not to Give (References) EANJ Newsletter Fall 2000

12. Unfair Labor Practice references from ex-employers by state "Blacklist" the names of any person spoken, written, printed or implied transmitted between two or more employers of labor, or their bosses, foremen, superintendents, managers, officers or other agents, whereby the laborer is prevented or prohibited from engaging in a useful occupation. Exemptions: it shall not be unlawful nor a violation of the prohibitions against blacklisting in certain industries: • health care facility • child care facility • health, nutritional or personal care in home • bank or savings and loan • credit, travel card company • industrial bank, trust company • credit union or lending institution

13. Rights vary by State • Disclosure of Disciplinary Actions An employer or former employer shall not divulge a disciplinary report, letter of reprimand, or other disciplinary action to a third party who is not a part of the employer's organization, or who is not a part of a labor organization representing the employee without prior written notice • Explanation of Termination: employees are entitled to receive a letter from employer stating services rendered, duration of employment and reason for termination. Check out: Employers Association of New Jersey

14. Employee Recruitment Ethics • Shall I tell all? The Mentor's Second Stash o' Stumpers • What do my references say about you?Is it ethical to use a service to check up on yourself?

15. Performance Evaluation • Informal: • Ongoing, continuous feedback. • Typically verbal. • About once a month • Discuss how employee is meeting objectives. Formal: • Written Assessment • Typically influences salary adjustments • Becomes permanent part of employee record. • Meet with employee at least once a year to agree on objectives & how to measure success.

16. Achieving Effective Performance Appraisals Case of the Tractor Drivers • Determining who conducts appraisal 2) Deciding on a rating philosophy 3) Overcoming rating deficiencies 4) Creating a rating instrument 5) Delivering useful information to employees

17. Discipline All employees in an organization must receive consistent discipline for similar infractions. • Must be constructive and professional. • Discipline in private; kept confidential. • Employees should have input – a chance to tell “their side” of the story. • Discipline should be appropriately harsh & consistent with that received by others in comparable circumstances.

18. Termination • For Cause – individual committed offense that can result in instant firing. (theft, assault, cheating on expense reports, forgery, fraud, gross insubordination, lying about a business matter) • Poor Performance • Layoffs - cyclical, routine • Downsizing - business downturn; strategic reorganization

19. Ethics & Termination • Do homework before meeting employee. Be sensitive to personal circumstances when feasible. • Do it face to face – no memos, email, phone. • Do it quickly, directly, objectively & to the point. Don’t get personal. • Meet on neutral ground; minimize confrontations; involve security if volatile. • Explain why termination is necessary, timing & whether there is severance package. • Have outplacement counseling where applicable. • Keep information about termination private & confidential in matters other than layoffs.

20. Managing Up & Across(What goes around, comes around) • 360° Feedback • Role Models • Standards go Both Ways • Negotiating Rules for Working Relationships