HR final chapter 13

Difference between employee rights and employer responsibilities

It is the employers responsibility to provide a safe work place for employees while guaranteeing safe, quality goods and services to consumers. When employers fail to honor the rights of employees, it can result in costly lawsuits, damage to the organizations rep, and hurt employee morale. Failure to protect the safety and welfare of employees or consumers interest can invite litigation from both groups.

discipline

a tool used to correct the practices of employees to help them perform better so they conform to acceptable standards

what is positive discipline, or non punitive?

employees must assume responsibility for their personal conduct, job performance and careers.

what is due process?

employees right to be heard tell their side of the story full and fair investigation of misconduct allows employee to turn over termination if due process is not allowed

explicit contracts

formal written agreements that grant to employees and employers agreed upon employment benefits and privileges state period of employment, terms and conditions and severance provisions popular with sr. managers and executives.

employee privacy rights

freedom from unwarrented govt buisness intrusion into one's personal affairs. right to autonomy and to be left alone.

whistle blowing

report an employers illegal actions, immoral conduct, or illegal practices to gov't agencies charged with upholding the law

ramifications of workplace romances

sexual harassment claims, favoritism, violence, employees asked to move departments or sign consensual relationship agreements. j

types of discharges that violate public policy

- refusing to commit perjury in court on the employers behalf - cooperating with a gov't agency in the investigation of a charge or giving testimony - refusing to violate a professional code of conduct - reporting OSHA infractions refusing to support a law/political candidate favored by employer - informing a customer that the employer has stolen property from the customer - complying with a summons to jury duty

what do employees have a right to see in their personal files?

- right to know of existence of one's personnel files - the right to inspect one's own personnel files - the right to correct inaccurate data in the file.

implied contract examples

- telling employees they get to keep their job as long as its satisfactory and loyal to organization - stating in the employee handbook that employees will not be terminated without the right of defense or access to an appeal procedure -urging an employee to leave another organization by promising higher wages and benefits then reneging on those promises after they are hired.

ways to avoid wrongful employment termination lawsuits

- terminate an employee only if there is an articulated reason - set and follow termination rules and schedules - document all performance problems - be consistent with employees in similar situations

what kind of documentation would be needed for disciplinary investigation?

1. date, time, location of the incident 2. behavior exhibited by the employee when disciplined 3. consequences of that action 4. prior discussions with that employee about the problem 5. the disciplinary action and steps for improvement 6. the consequences of failing improvements by a date 7. employees reaction to the behavioral change 8. name of witnesses

what are guidelines to follow when conducting a discharging meeting?

1. get to the point, first 2-3 minutes, logical order for termination 2. straightforward, tactful, remain resolute in your decision 3. private, business like, brief 4. do not mix the good with the bad. aka don't sugar coat it. 5. avoid making accusations and bringing in personal feelings. 6. avoid any personal differences 7. provide severance info and status of benefits 8. explain how you will handle inquires from future employers looking to hire this person.

what are some questions to consider during disciplinary investigations?

1. in very specific terms what is the offense charged? 2. did the employee know they were doing something wrong? 3. is the employee guilty? 4. are there extenuating circumstances? 5. has the rule been uniformly enforced? 6. is the offense related to the work place? 7. what is the employees past work record?

how should a search be done/outlined

1. search policy should be clearly outlined in employee handbook not done without a compelling reason 2. when possible do in private 3. attempt to obtain consent prior to the search 4. should be done in a humane and discreet manner 5. penalty for refusal should be specified.

three exceptions to wrongful discharge

1. violation of public policy: terminated for refusing to commit a crime, reporting criminal activity or unsafe practices of the employer, or for exercising employment right 2. implied contract: employees are discharged despite the employers premise of job security or contrary to established termination procedures. An employers oral/written statements may constitute a contractual obligation if they are communicated to employees and they rely on them as conditions of employment. 3. implied covenant: when an employer has acted with a lack of good faith and fair dealing. Example: terminating just so they don't have to pay that employee.

how do you reduce or prevent retaliation discharges?

implement a separate anti retaliation policy and train managers and supervisors in acceptable and unacceptable methods to resolve employee complaints. - take no adverse employment action against employees when they file a complaint. let them know you will look into it and take it seriously. keep it confidential. be consistent and objective in treatment, eval on performance, not personality. Harbor no animosity when they file discrimination lawsuit. Treat everyone how you would want to be treated.

implied contracts

implied promise by employer suggests some form of job security to the employee - oral/written statements during the pre-employement process or subsequent to hiring

what are the different types of ADR used in workplace

step review systems: a system of reviewing employee complaints and disputes by successively higher levels of management. peer review system: group compromised of equal numbers of employee reps and management appointees. the group weighs evidence, considers arguments, and after deliberation, votes to render a final decision open-door policy: a policy of setting grievances that identifies various levels of management above the immediate supervisor for employee contact ombudsman system: a designated individual from whom employees may seek counsel for resolution about their complaints. mediation: the use of an impartial neutral to reach a compromise decision in employment disputes.

results of inaction as manager

the delay of discipline will create confusion when you do decide to discipline because it was not corrected before and when evaluations came, it was never talked about.

electronic surveillance

they use tech to monitor employees cause: theft of merch, supplies, equipment, selling info, monitor quality control, eliminating time spent surfing web and doing personal business on company time

ethics with managers

usually honest with their dealings with employees, each group has mutual respect for the other.

what is a mediator?

a third party in an employment dispute who meets with one party and then the other to suggest compromise solutions or to recommend concessions from each side that will lead to an agreement.

alternative dispute resolution

address employee discharges and complaints outside of court employers often ask workers to sign an ADR when they receive their offer letters or sign employee handbook

psychological contract

an employer and employees beliefs about the mutal obligations they have towards one another. - in exchange for their talents, energies, and tech skills, workers expect employers to provide fair comp, steady work, job training, and promotions.

what is progressive discipline?

application of corrective measures by increasing degrees. designed to motivate an employee to correct misconduct.

common discipline problems

attendance dishonesty and related issues work performance problems on job behavior problems

common methods of electronic surveillance

camera survveillance phone/text email, internet, and computer use

off duty speech

companies can restrict what you say online because they are private sector 1st amendment only protects government racist, sexist, demeaning or harassment of coworkers and revealing company secrets are not likely to be legally protected.

employment at will relationship

created when an employee agrees to work for an employer for an unspecified period of time. - can be terminated at the whim of either party

substance abuse and drug testing done by us companies

drug testing is regulated by states. pro drug states: permit testing, provided that strict procedures are followed. non drug testing states will only test under very special circumstances.

what is arbitration?

employee and employer each make a case to the arbiter. they make a decisions that both parties are bound by.

constructive discharge

employees "forced" to resign because of intolerable working conditions purposefully placed upon them by the employer. aka making the job hell so they quit.

what kind of access do employees have to their personal files?

employees can inspect their personnel files access varies on states employers can instist that they have someone from HR with them when they view their files so nothing gets changed or stolen.

Employee rights and expectations

guarantees of fair treatment that workers expect in return for their services to an employer The expectations become rights when they are granted to employees by the courts, legislatures, or employers.

wrongful discharge

illegal discharge challenge an employers right under the employment at will concept to unilaterally terminate employees.

impairment testing

measures how alert you are

Negligence in hiring

negligence: the failure to use a reasonable amount of care when such failure results in injury to another person. failure to provide reasonable care

restrictions in explicit contracts

nondisclosure of information agreement intellectual property agreement non compete agreement non piracy agreements

what is the disciplinary model?

organization discipline policy - definition of discipline - violation of organizational rules - investigation of employee offense - progressive discipline - due process - just cause - discharge

off duty conduct

organizations that want to discipline employees for off duty misconduct must establish a clear relationship between the misconduct and its negative effect on other employees or the organization

body art, grooming, and attire

policies on appearance should reflect the nature of the organization and its industry. The types of safety concerns it faces and not impinge on an employees religious rights.

searches

random searches without probable cause should be avoided body searches should be done by same sex to avoid emotional stress