Employee Relations Issues

 Policies, procedures, rules

 Employee discipline
 Grievances
 Employee rights

Spring 2008 1
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

Spring 2008 2
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

Spring 2008 3
Effective PPR
 Internally consistent
 Only those that are necessary
 Applicable
 Understandable
 Reasonable
 Distributed and communicated
 Enforced

Spring 2008 4
Employee Discipline
 Establishing discipline
 Progressive discipline
 Why managers don’t discipline employees
 Why managers punish too soon

Spring 2008 5
Establishing Discipline
Establish
Rules

Communicate
Rules

Assess
Behavior

Change
Inappropriate
Behavior

Spring 2008 6
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

Spring 2008 7
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)

Spring 2008 8
Why Managers Don’t Discipline
Employees
1. Lack of training
2. Lack of support from above
3. Fear of acting alone
4. Guilt
5. Loss of friendships
6. Loss of time
7. Fear of losing one’s temper
8. Rationalization
9. Lack of appropriate policies and rules
10. Fear of lawsuits

Spring 2008 9
Why Managers Punish Too
Soon
1. Lack of training
2. Not aware of alternatives
3. Fast, quick solution to problems
4. Personal gratification
5. Frustration
6. Belief that punishment is the best way to
change employee behavior

Spring 2008 10
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

Spring 2008 11
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

Spring 2008 12
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

Spring 2008 13
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

Spring 2008 14
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

Spring 2008 15
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

Spring 2008 16
Who Gets Tested?
 New hires (after conditional offer of
employment)
 Probable cause (such as accidents)
 Employees at random
 Incertain industries, such as transportation
 As a condition of being given a second
chance

Spring 2008 17
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

Spring 2008 18
Off-the-Job Activities
 Dating
 Smoking
 Language issues

Spring 2008 19
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

Spring 2008 20
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)

Spring 2008 21
Language Issues
 Can employees speak a language other
than English at work?
 Yes, on breaks
 No, not at work

Spring 2008 22
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?????

Spring 2008 23
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)

Spring 2008 24