Employee Relations Issues

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)