Respecting Employee Rights and Managing Discipline

1. Respecting Employee Rights and Managing Discipline 14

2. Challenges • What are the origins and the scope of employee rights and management rights? • What is employment-at-will? • How does progressive discipline differ from positive discipline? • How can supervisors manage difficult employees? • How can disciplinary actions be avoided?

3. Employee Rights Statutory Rights • Protect from discrimination • Safe working conditions • Right to form unions

4. Employee Rights Contractual Rights 3 Types of Employee Rights • Employment contract • Union contract • Implied contract • Employment policies

5. Employee Rights Other Rights 3 Types of Employee Rights • Ethical treatment • Limited privacy • Limited free speech

6. Creating Ethical and Fair Work Environment • Develop trust • Honor commitments • Act consistently • Be truthful and avoid white lies • Avoid manipulating others • Keep confidences • Show concern for others

7. Create Healthy Work Environment • Define clear expectations • Treat employees equitably • Avoid favoritism • Adhere to reasonable standards • Respect employees • Recognize employee contributions

8. Management Rights • Run business and retain any profits • Manage workforce: hire, promote, assign, discipline, discharge employees • Influenced by stakeholders • Employment at will

9. Employment at Will Common-law rule… asserts employer’s right to end their employment relationship with an employee at any time for any cause.

10. Legal Limitations to Employment at Will: Public Policy Exceptions • Courts ruled that an employee cannot be discharged for activities protected by law: • File legitimate workers’ compensation claim • Exercise a legal duty, such as jury duty • Refuse to violate a code of ethics • Refuse to support a political candidate favored by employer

11. Legal Limitations to Employment at Will: Implied Contracts • May exist when employer makes oral or written promises of job security • Write employee handbook to eliminate language that could imply a contract • Treat each party in good faith

12. Random Drug Testing • Required by law for specific occupations where safety is critical • May be challenged where employer has other methods available to ensure drug-free work environment

13. Electronic Monitoring • May help deter theft • Increased sophistication of computer and telephone technology is costly • Employees see electronic monitoring as legitimate when it is used to control theft

14. Whistle-blowing • Employees use whistle-blowing to hold employers accountable • Risky -- managers and employees often deal harshly with whistle-blower

15. Whistle-blowing: Do’s • Make sure allegation is correct • Document observations and attempts to rectify the problem • Keep documentation outside the office • Find out if state protects whistle-blowers • Talk to your family about repercussions

16. Whistleblowers: Don’ts • Do not assume laws will protect you • Do not run to the media • Do not expect money if you’re fired

17. Effective Disciplinary Sessions • Is discipline called for • Is problem isolated infraction or a pattern • Identify clear, specific goals • Engage in two-way discussion • Identify a plan • Follow-up • End on a positive note

18. Steps in Progressive Disciplinary Action • Verbal warning • Written warning • Suspension • Discharge

19. Positive Discipline • Encourage employees to monitor their own behaviors and assume responsibility for their actions • Supervisor uses counseling skills to motivate the employee to change • Train supervisors in giving feedback and using positive discipline

20. Just Cause Standard of Discipline • Notification Was employee forewarned of disciplinary consequences of his or her conduct? • Reasonable Rule Was the rule the employee violated reasonably related to safe and efficient operations? • Investigation Before the Discipline Did managers conduct an investigation into misconduct before administering discipline?

21. Just Cause Standard of Discipline • Fair Investigation Was investigation fair and impartial? • Proof of Guilt Did investigation provide substantial evidence or proof of guilt? • Absence of Discrimination Were rules, orders and penalties of disciplinary action applied without discrimination? • Reasonable Penalty Was disciplinary penalty reasonably related to seriousness of rule violation?

22. When Administering Discipline… • Never lose your temper • Tackle disciplinary action head on, do not avoid it • Never play therapist • Make sure employee assumes responsibility for change

23. Prevent Need for Discipline with Proper HR Management Many of the functional areas of HR can be designed to prevent problem employees: • Recruitment and Selection • Training and Development • Human Resource Planning • Performance Appraisal • Compensation

24. Managing Difficult Employees • Poor performance • Insubordination • Alcohol-related misconduct • Illegal drug use and abuse (c) 2007 by Prentice Hall 14-24

25. Case What systems can be put into place to assure that all employees follow the business’ code of ethics? How can department managers work with HR staff to do this?