MJ - 11e - Ch16 - Employee Rights and Discipline

ROBERT L.
MATHIS
JOHN H. JACKSON
Chapter 16
Employee Rights
and Discipline
SECTION 5
Employee
Relations
Copyright © 2005 Thomson Business & Professional Publishing. PowerPoint Presentation by Charlie Cook
All rights reserved. The University of West Alabama
Learning Objectives
• After you have read this chapter, you should be able to:
 Explain the difference between statutory rights and contractual
rights.
 Define employment-at-will and discuss how wrongful discharge,
just cause, and due process are interrelated.
 Identify employee rights associated with access to employee
records and free speech.
 Discuss issues associated with workplace monitoring, employer
investigations, and drug testing.
 List elements to consider when developing an employee
handbook.
 Differentiate between the positive approach and progressive
approach to discipline.
Copyright © 2005 Thomson Business & Professional Publishing. All rights reserved. 16–2
Rights and Responsibilities Issues
• Rights
That which belongs to a person by law, nature, or
tradition.
• Responsibilities
Obligations to perform certain tasks and duties.
• Statutory Rights
Rights based on specific laws and statutes passed by
federal, state, and local governments.
Equal employment opportunity
Collective bargaining
Workplace safety
Contractual Rights
• Contractual Rights
 Rights based on a specific contract between employer
and employee.
 Can be spelled out formally in written employment contracts or
implied in employee handbooks and published policies..
• Employment Contract
 An agreement that formally outlines the details of
employment.
• Implied Contract
 The idea that a contract exists between the employer
and the employee based on the implied promises of the
employer.
Typical Provisions
in Employment
Contracts
Figure 16–1
Contractual Rights
• Non-Compete Agreements
 Prohibit individuals who quit from competing with an
employer in the same line of business for a specified
period of time.
 Non-piracy agreements bar former employees from
soliciting business from former customers and clients for a
specified period of time.
 Non-solicitation of current employees agreements prevent
a former employee encouraging former co-workers to join a
different company, often a competitor.
 Intellectual property and trade secrets prevent former
employees from revealing key competitive information.
Employment Practices Liability Insurance
• Employment Practices
Liability Insurance (EPLI)  Discrimination
 Covers employer’s costs for  Wrongful discipline
legal fees, settlements, and  Sexual harassment
judgments associated with
 Wrongful termination
employment-related actions
such as:  Negligent evaluation
 Infliction of emotional distress
 Breach of employment contract
 Deprivation of career
opportunity
 Improper management of
employee benefits
Rights Affecting the Employment
Relationship
• Employment-at-Will (EAW)
 Common law doctrine that employers have the right to
hire, fire, demote, or promote as 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.
 Fortune v. National Cash Register
Exceptions to Employment-at-Will
An employee can sue an employer if he or she was

Public Policy fired for refusing the employer’s demand to violate
public policy (“break the law”).
An employee can sue an employer if the employer’s

Implied
actions or inaction constitute an implied contract of
Contract continuing employment.
Good-Faith If the employer’s unruly behavior breaks a covenant

and Fair- of good faith with the employee, then that employee
Dealing can sue the employer.
Keys for Preparing a Defense Against Wrongful Discharge:
The “Paper Trail”
Figure 16–2
Employment-at-Will (EAW) Restrictions
• Constructive Discharge
 An employer deliberately makes working conditions
intolerable for an employee in an attempt to get (to
force) that employee to resign or quit.
• Just Cause
 Reasonable justification for taking an employment-
related action.
Criteria for Evaluating Just Cause and Due Process
Figure 16–3
Due Process
• Due Process
 The means used for individuals to explain and defend
their actions against charges or discipline.
• Distributive Justice
 Perceived fairness in the distribution of outcomes.
• Procedural Justice
 Perceived fairness of the process used to make
decision about employees.
Alternative Dispute Resolution (ADR)
Arbitration Peer Review Panel
Alternative
Dispute
Resolution
Ombuds
Balancing Employer Security Concerns
and Employee Rights
• Right to Privacy
 Defined in legal terms for individuals as the freedom
from unauthorized and unreasonable intrusion into
their personal affairs.
• Privacy Rights and Employee Records:
 Access to personal information held by employer
 Response to unfavorable information in records
 Correction of erroneous information
 Notification when information is given to a third party
Employee Record Files
Figure 16–4
Employee Records
• ADA Provisions
 Employee medical records are to be kept as separate
confidential files available under limited conditions
specified in the ADA.
• Security of HR Records
 Restrict access to all HR records
 Utilize confidential passwords to HRIS databases
 Place sensitive information in separate files and restricted
databases
 Inform employees of types of data to retain
 Purge outdated data from records
 Release information only with employee’s consent
Employee Free Speech Rights
Advocacy of
Whistle-Blowing
Controversial Views
Employee
Speech in the
Workplace
Monitoring of
E-Mail/Voice Mail
E-mail and Voice Mail
• Electronic Communications Policy Elements
 Voice mail, e-mail, and computer files are provided by the
employer and are for business use only.
 Use of these media for personal reasons is restricted and
subject to employer review.
 All computer passwords and codes must be available to the
employer.
 The employer reserves the right to monitor or search any of the
media, without notice, for business purposes.
Recommended Employer Actions on E-mail and Voice Mail
Figure 16–5
Workplace Monitoring
Tracking Internet Monitoring Employee

Use Performance
Employee
Privacy
Conducting Video
Surveillance at Work
Employer Investigations
Honesty and Reviewing Unusual

Polygraph Tests Behavior
Workplace
Conduct
Conducting Work-
Related Investigations
Means Used to Reduce Employee Theft
and Misconduct
Figure 16–6
Substance Abuse and Drug Testing
• Drug-Free Workplace Act of 1988
 Requires government contractors to take steps to
eliminate employee drug use. Failure to do so can
lead to contract termination.
 Tobacco and alcohol do not qualify as controlled
substances under the act, and off-the-job drug use is
not included.
 U.S. Department of Transportation (DOT) requires
regular testing of truck and bus drivers, train crews,
mass-transit employees, airline pilots and mechanics,
pipeline workers, and licensed sailors.
How Substance Abuse Affects Employers Financially
Figure 16–7
Drug Testing and Employee Rights
• Conducting Drug Tests
 Random testing of all employees at periodic intervals
 Testing only in cases of probable cause
 Testing after accidents
• 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
 Employer has drug program, including an EAP.
HR Policies, Procedures, and 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”
Typical Division of HR Responsibilities:
Policies, Procedures, and Rules
Figure 16–8
Employee Handbooks
• Legal Review of Language
 Eliminate controversial phrases in wording.
 Use disclaimers disavowing handbook as a contract.
 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.
Communicating HR Information
Communicating
HR Information
Internal Downward and

Electronic
Publications and Upward Internal
Communication
Media Communications
Employee Discipline
•Discipline
 A form of training that enforces organizational rules.
•Positive Discipline Approach
1. Counseling
2. Written Documentation
3. Final Warning (decision day-off)
4. Discharge
Progressive Discipline Process
Figure 16–10
Typical Division of HR Responsibilities:
Discipline
Figure 16–9
Reasons Why Discipline Might Not Be Used
• Organization culture of avoiding discipline
• Lack of support by higher management
• Guilt overcomes ability to discipline
• Fear of Loss of friendship
• Avoidance of time loss
• Fear of lawsuits
The Hot Stove Rule
• Good discipline (or a rule) is like a hot stove in
that:
 It provides a warning (feels hot)
 It is consistent (burns every time)
 It is immediate (burns now)
 It is impersonal (burns all alike)
Discharge: The Final Disciplinary Step
• Termination Process
 Coordinate manager and HR review
 Select a neutral location
 Conduct the termination meeting
 Have HR discuss termination benefits.
 Escort the employee from the building
 Notify the department staff
• Separation agreement
 An agreement in which a terminated employee agrees
not to sue the employer, in exchange for specified
benefits.

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ROBERT L.

An employee can sue an employer if he or she was

An employee can sue an employer if the employer’s

Good-Faith If the employer’s unruly behavior breaks a covenant

Arbitration Peer Review Panel

Tracking Internet Monitoring Employee

Honesty and Reviewing Unusual

Internal Downward and

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