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Employer and Employee

Rights

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Are the following a violation of Employee rights

1. Private Act (Collect info on individual personnel file)

2. Fair credit reporting act (allows employer to check into employees’ credit)

3. Drug-free workplace act (to ensure that the workplace is drug free)

4. Polygraph detecting (lie detectors in screening applicants)

5. Worker adjustment & retaining notification (not notifying employees

when closing down a plant or laying off workers)

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Are the following a violation of Employee rights

6. Honesty Test (a Q & A test to assess one’s honesty)

7. Whistle-blowing (employees notify authorities of wrongdoing)

8. Employee monitoring (Company keeps informed of employees’ activities)

9. Workplace romance (Personal relationship that develops at work)

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Discipline and Employee Rights

Discipline is when employees conduct with themselves in accordance

with the organization’s rules and standards of acceptable behavior.

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Before disciplining Employees

Cool off, but don’t wait too long.

Think before you speak.
Always discipline in private, one on one.
Follow company disciplinary procedures to ensure fairness & consistency.
Be prepared to near a variety of imaginative and worn-out excuses.
Prepare to avoid nervousness.
Prepare by comparing the Actual to the desired situation.
Clarify expectations for actions and timetables.
Ask employees for feedback.

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Specific disciplinary problems

Attendance (late, absence, leaving without permission)

On-the-job behaviors (destruction of property, attacking, fighting, not

obeying safety rules, defective work, failure to report accidents, sending
messages or using phone for personal use,…)

Dishonesty (stealing, false employment record, concealing defective work, ..)

Outside activities Unauthorized strikes, working for another company, …)

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Progressive disciplinary process

Less severe More severe

Verbal Written
Suspension Dismissal
warning warning

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When firing an employee

Review all facts (be familiar with documentation: appraisal, discipline, ..)

Set the stage (private setting, have someone else as witness, phone silent,..)

Be very clear(use language that leaves no doubt that employee is fired)

Allow a little dignity (suggest that the job may not have been the best match)

Let the employee talk (but don’t back down)

Give severance pay (two weeks plus his rights)

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When firing an employee

Ask him to sign an agreement waiving the right to sue for wrongful
firing

Immediately pay for any earned time.

Have the person leave that day.

Inform the person of any benefits

Take appropriate protective steps (immediately change passwords)

Tell other employees that the employee has been fired

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Team Exercise

Linking Concepts to Practice

Five cases. Review and discuss next Sunday in groups.

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Relevant References for this Chapter

http://www.acas.org.uk/index.aspx?articleid=2949

http://www.nolo.com/legal-encyclopedia/employee-rights

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COPYRIGHT

Copyright 2012 © Dr Hesham Sadek. All rights reserved. Reproduction or translation of

this work beyond that named in Section 117 of the United States Copyright Act without the
express written permission of the copyright owner is unlawful. Requests for further
information should be addressed to Dr Hesham Sadek.

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