EMPLOYEE RIGHTS AND DISICPLINE

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Rights
Rights and
and Responsibilities
Responsibilities Issues
Issues

 Rights
– That which belongs to a person by law, nature, or
tradition.
 Responsibilities
– Obligations to be accountable for actions.
 Statutory Rights
– Rights based on specific laws and statutes passed
by federal, state, and local governments.

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Legal questions we’ll answer
Suppose you were in charge of hiring 50 new cashiers
for a large new discount retail store that was opening.
You're checking references, and making criminal
background checks, but just to be on the safe side, you
would like to check their credit reports to make sure
applicants aren't in any financial trouble that may tempt
them to be less than honest when handing cash. Can you
do it? Do you need to tell anyone?

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Rights
RightsAffecting
Affecting the
the Employment
Employment
Relationship
Relationship

 Employment-at-Will (EAW)
– A common law doctrine stating that employers have
the right to hire, fire, demote, or promote
whomever they choose, unless there is a law or
contract to the contrary.
– Employees have the right to quit and got another
job under the same constraints.
 Wrongful Discharge
– Termination of an individual’s employment for
reasons that are improper or illegal.

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Sample
Sample
Employment-
Employment-
at-Will
at-Will
Statement
Statement

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Keys
Keysfor
for Defense
Defensein
inWrongful
WrongfulDischarge:
Discharge:
The
The“Paper
“PaperTrail”
Trail”

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Employee Rights Legislation and
the HRM Implications
Privacy Act of 1974
 Requires government agencies / federal agencies to make
information contained in their personnel files available to
employees
 Employees can review letters of recommendation made on
their behalf
 Similar state laws apply to state and private-sector employees
 Restrictions: employee have right-to-review procedures that
stipulate when and how a file can be accessed

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Employee Rights Legislation and
the HRM Implications
The Fair Credit Reporting Act of 1971
 Requires employers to notify employees that their
credit is being checked
 Provides additional information to applicants who are
negatively affected by a credit check
 Information used must be job-relevant

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Employee Rights Legislation and
the HRM Implications
The Drug-Free Workplace Act of 1988
 Applies to organizations that have contracts with the
federal government of $100,000 or more, and all
organizations that receive federal grants, regardless of
size.
 Drug-free policies must include:
• What is expected of employees
• Penalties for infractions of policies
• Substance abuse awareness programs

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 Drug
Drug Testing
Testing
 Arguments Against Drug Testing
– It violates employees’ privacy rights.
– Drugs may not affect performance in every case.
– Employers may abuse the results of tests.
– Drug tests may be inaccurate.
– Test results can be misinterpreted.
When to Test (Conditions)
– Job consequences outweigh privacy concerns
– Accurate test procedures are available
– Written consent of the employee is obtained
– Results are treated confidentially

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Employee Rights Legislation and
the HRM Implications
Polygraph Protection Act of 1988
 Prohibits employers in the private sector from using
lie-detector tests in all employment decisions
 May still be used during investigations of suspected
criminal activity
 Employees can challenge the results of a polygraph

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Employee Rights Legislation and
the HRM Implications
Worker Adjustment and Retraining Notification Act of
1988
 Protects employees from unexpected plant closings.
 Organizations of 100+ employees must give 60 days notice
if closing facility or laying off 50 or more workers
 State officials must be notified
 Penalty for not notifying is one day’s pay and benefits for
each day’s notice (Lets say notify 30 days before layoff so
seek damages for back pay and benefits for up to previous
30 days.)

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 HR
HR Policies,
Policies, Procedures,
Procedures, and
and Rules
Rules
 Policies
– General guidelines that focus organizational actions.
• “Why we do it”
 Procedures
– Customary methods of handling activities
• “How we do it”
 Rules
– Specific guidelines that regulate and restrict the
behavior of individuals.
• “The limits on what we do”

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 Employee
Employee Handbooks
Handbooks
 Legal Review of Language
– Eliminate controversial phrases in wording.
– Keep handbook content current.
 Readability
– Adjust reading level of handbook for intended
audience of employees.
 Use
– Communicate and discuss handbook.
– Notify all employees of changes in the handbook.

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 Current Issues in Employee Rights

 Social Media
• Employee and employer rights are evolving
through court cases
• Discussion of working conditions on social media
sites with co-workers is generally protected
• Angry rants and name calling on social media are
not usually protected
• Organizations need to establish a social media
policy and inform employees of the policy.

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Current Issues in Employee Rights

Drug Testing
 For current employees:
 Offers rehabilitation to those who fail
 Communicates that drugs will not be tolerated
 For applicants:
 Should be done after a job offer is made
 Those who fail are usually no longer considered
 Companies are:
 Communicating clear policies and procedures
 Relating the testing program to safety and job performance
Even organizations not covered by the Drug-Free Workplace Act conduct drug
testing.

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 Current Issues Regarding Employee
Rights
Honesty Tests
 Written tests to get applicants to reveal information about
their integrity
 Legal alternative to polygraph
 Used to predict theft and drug use
 Multiple questions on the same topic to assess consistency
of responses(exp : Do others consider you to be
trustworthy? Tell me about a time when a situation tested
your integrity)
 Shouldn’t be sole criterion for a hiring decision

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 Current Issues in Employee Rights

Whistle-blowing
 Employee notifies authorities of wrongdoing
in an organization.
Some state laws protect the jobs of whistleblowers

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 Current Issues in Employee Rights

Employee Monitoring and Workplace Security

 Company interests are protected against
• Theft
• Revealing of trade secrets to competitors
• Using the customer database for personal gain
• Lost productivity
HRM policies must be clear on monitoring
 E-mail
 Internet use
 Phone

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 Current Issues in Employee Rights

Employee Monitoring and Workplace Security

Monitoring may include many types of employee
communication

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 Current Issues in Employee Rights

 Workplace Romance
• Concerns include
 Favoritism
 Ethical issues
 Low productivity
 Morale problems
 Workplace violence
• Options include
 Forbid co-worker relationships (fraternization policies)
 Require “consensual relationship” contracts (Marriage
contract)

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 Discipline and Employee Rights

 Discipline
• Employees conduct themselves according to
organizational rules and standards
 They know what is expected
 They know meeting those expectations is in the best
interest of themselves and the organization

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 Discipline and Employee Rights

 HR managers should consider:

• seriousness of the problem
• duration of the problem
• frequency and nature of the problem
• extenuating factors (mental health issues for example)
• degree of socialization
• history of organization’s discipline practices
• management backing (Support from top management to
cover certain matters)

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Discipline and Employee Rights
The most frequent violations requiring
disciplinary action

attendance

dishonesty job behaviors

outside
activities

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Discipline and Employee Rights
Real people’s “real” (outrageous) shameful reasons for being late to work:
 “My heat was shut off so I had to stay home to keep my snake warm.”
 “My husband thinks it’s funny to hide my car keys before he goes to
work.“
 “My father didn’t wake me up.”
 “My bike tire went flat after a groundhog bit it.”
 “A gurney fell out of an ambulance and delayed traffic.”
 “I feel as if I’m in everyone’s way if I show up on time.”

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Discipline and Employee Rights
Follow the Hot-Stove rule:
• Immediate response - management should provide
immediate feedback on any employee wrongdoing.
• Advance warning - most warnings are contained within an
employee handbook.
• Consistent action - punishment should consistently be
given every time the rule is broken.
• Impersonal - It really does not matter who you are. If one
broke the rules, discipline is applied in the same way

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Discipline and Employee Rights

Make disciplinary action corrective rather than

punishment. Use a progressive approach

Verbal Written Suspensio

Dismissal
warning warning n

AQIDAH AKHLAQ ADAB AMANAH AMALAN

 Discipline and Employee Rights

When firing an employee:

1. Review all facts
2. Set the stage
3. Be very clear
4. Allow a little dignity
5. Let the employee talk
6. Sign waiver of right to sue for wrongful termination - employee no longer has
any legal claim against the company and cannot recover in court.In exchange
for the waiver, the employee receives some benefit in return.
7. Pay for earned time
8. Have person available that day during meeting with the fired employee
9. Inform person of benefits
10. Take protective steps (change passwords, etc.)
11. Inform staff of firing

AQIDAH AKHLAQ ADAB AMANAH AMALAN

Discussion
• Does an employer have the right to search an employee’s
computer files or review the employee’s email or voice
mail? Justify
• Can an employer give employment information about an
individual to a potential creditor or to a landlord? Justify
• Suppose you work for a large organization and there is talk
that the employees are going to file suit against the
company for improper hiring and promotion practices. The
head of HR asks you to conduct research into the
company’s previous decisions but asks you to keep your
findings secret. You find that the company has been
discriminating against minorities. What would you do?
AQIDAH AKHLAQ ADAB AMANAH AMALAN