Respecting Employee Rights and Managing Discipline

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