MGMT 329 CH 4 EMPLOYEE RIGHTS AND DISCIPLINE 4.1-4.7
Substance abusers are:
10 times more likely to miss work; 5 times more likely to file a workers' compensation claim; 3.6 times more likely to be involved in a work-related accident; 33 percent less productive than nonusers costing U.S. corporations nearly $100 billion annually
SHRM Survey found that
20 percent of employers responding found increased productivity after implementing a drug testing policy.
vault.com found that
56 percent of professionals admitted to having been involved in an office romance, and 20 percent said they had dated their boss or another superior in the organization.
dismissal
A disciplinary action that results in the termination of an employee whether its for poor performance or downsizing, managers frequently dread dismissal and handle it poorly.
workplace romance
A personal relationship that develops at work. It is common.
honesty and integrity tests
A specialized question-and-answer test designed to assess one's honesty.
Progressive discipline
A system of improving employee behavior that consists of warnings and punishment that gradually become more severe.
Tip 3
Always discipline in private, not in front of co-workers if at all possible.
Fair Credit Reporting Act of 1971
An extension of the Privacy Act requires employers to notify individuals that credit information is being gathered and may be used in the employment decision.
Types of Problems
Attendance, On-the-job behaviors; Dishonesty
Tip 5; 6; 7
Be prepared to hear a variety of both imaginative and worn-out excuses; Prepare to avoid nervousness; Prepare by comparing the actual to the desired situation
Tips 8, 9, 10
Clarify expectations and contingencies for specific actions and timetables; Ask employees for feedback; Let it go -there is no need to ignore employees, stare at them, or use any other of a variety of cruel and unusual (and immature) punishments.
Employee use of communication technology policy must include
Computer and phone systems are property of the employer and are to be used for business only. Although employees have passwords, the company retains control. If limited personal use is acceptable, this should be included.
Tip 1
Cool of but don't wait too long
Factor 5
Degree of Socialization - to what extent has management made an earlier effort to educate the person causing the problem about the existing rules and procedures and the consequences of violations?
Hot-stove rule
Discipline, such as the consequences of touching a hot stove, should be immediate, provide ample warning, be consistent, and be impersonal
Factor 2
Duration of the Problem - have there been other discipline problems in the past, and over how long a time span?
Policy 2
Employees do not have any expectation of privacy when using computers, phones, offices, desks, lockers, company vehicles, or any other relevant locations. Monitoring and searches ay occur at any time, for any reason, without further notice.
SMP 2
Explaining that employees have no expectation of privacy when using the Internet at work.
SMP 6
Explaining the company' position on using the company name or photos depicting the company or employee with the company uniform.
SMP 4
Explaining the possibility of legal repercussions from defamation.
Factor 4
Extenuating Factors - Do extenuating circumstances relate to the problem? Death of a family member or illness
Factor 3
Frequency and Nature of the Problem - is the current problem part of an emerging or continuing pattern of disciplinary infractions?
Firing an employee continued
Have the person leave that day; Inform the person of any benefits; Take appropriate protective steps (change passwords and employee access, keys); Tell other employees that the employee has been terminated
Factor 6
History of the Organization's Discipline Practices - How have similar infractions been dealt with in the past within the department? within the entire organization. Equitable treatment of employees must take into consideration precedents within the unit where the infraction occurs, as well as previous disciplinary actions taken in other units within the organization. Equity demands consistency against some relevant benchmark.
HRIS
Human Resource Information Systems are an important tool to store employee records and make them accessible.
Employers need to craft social media policies that protect employers and employees by including:
Information outlining the company's policy on monitoring Internet use.
Disciplinary guidelines
Make disciplinary action corrective rather than punitive; Use a progressive discipline approach; follow the hot-stove rule; immediate response, Advance warning; Consistent Action; Impersonal Application
Factor 7
Management Backing - If employees decide to take their case to a higher level in management, will you have reasonable evidence to justify your decision?
NLRB
National Labor Relations Board
Approximately 80 percent of U.S. employers conduct some type of drug testing
Nearly all of those screen job candidates and over 70 percent screen current and contingent employees.
employment-at-will doctrine
Nineteenth-century common law that permitted employers to discipline or discharge employees at their discretion.
Policy 3
Prohibit access of sites or material that is offensive, pornographic, discriminatory, defamatory, or unlawful.
Policy 4
Prohibit communication of trade secrets or any confidential or proprietary information.
SMP5
Reminding employees about privacy settings.
SMP 3
Reminding employees that comments need to be respectful of the company and clients.
When firing an employee:
Review all facts; Set the stage; Be very clear; Allow a little dignity; Let the employee talk; Give severance pay (2 weeks pay plus additional week for every year of service); Ask the person to sign an agreement waiving the right to sue for wrongful termination (consult your attorney)
the federal government protects employees who report violations under the
Sarbanes-Oxley Act, the Consumer Product Safety Act, Occupational Safety and Health Act, and many other federally regulated activities.
Factor 1
Seriousness of the Problem-how severe is the problem? ex. dishonesty is usually considered a more serious infraction than reporting to work 20 minutes late
drug testing
The process of testing applicants/employees to determine if they are using illicit drugs.
social media
Websites and mobile applications that facilitate interactive communication.
suspension
a period of time off from work as a result of disciplinary process. Exceptions - where suspension is given without any prior verbal or written warning - occasionally occur if the infraction is of a serious nature.
why would management consider suspending employees as a disciplinary measure?
a short layoff is potentially a rude awakening to problem employees who didn't get the message from previous consequences.
Analysis of GPS tracking
also helps employers make efficient use of driver's time and reduce fuel consumption.
employee monitoring
an activity whereby the company keeps informed of its employees' activities.
public policy violation
an employee cannot be terminated for failing to obey an order from an employer that can be construed as an illegal activity.
under the at will doctrine
an employer can dismiss an employee at any time for any reason except for race, religion, sex, national origin, age or disability
Privacy Act of 1974
applies only to federal government agencies and requires that employment files be available to employees for inspection.
The drug-free workplace act requires federal contractors and anyone receiving federal grants to have policies against drug use
but does not require drug testing. Most employers are not required to test employees unless they are in industries such as transportation, nuclear energy, or military contracting.
Analysis of the same technology
can be used to design better workspaces and help salespeople identify high-value customers.
GPS tracking of fleet vehicles
can determine if drivers are speeding, driving aggressively, or taking long unauthorized breaks and billing the employer for time not worked.
The most thorough and well-planned HRM policies and procedures
can fail when managers and supervisors don't understand how to implement them effectively.
Smart badges with microphones, location sensors, and accelerometers
can track employee movement and amount of interaction with coworkers and customers
there are several exceptions that support a wrongful discharge suit
contractual relationship; statutory considerations; public policy violation; implied contracts and breach of good faith
disciplinary actions should be documented with the following information
date of the warning, name of employee, name of manager administering the warning, description and date of the problem, statement of policy, rule or practice that was violated; type of warning or consequence; signature of manager; signature of employee (may include statement such as "signature indicates only that the warning was received. It does no necessarily indicate the employee agrees with the warning) Signature of witness if employee refuses to sign.
employee relations
employee relations involve not only rights and discipline, but the quality of communication between management and employees, maintaining a positive and productive culture, providing motivation and the collective bargaining process.
what types of information should be kept?
employee's job description, application and resume, emergency contact info, IRS forms, performance appraisals, disciplinary actions, contracts, non-compete agreements, need to be kept for at least 1 yr and 1 yr after an employee is terminated.
US Supreme Court case NLRB v. J.Weingarten, Inc.
employees belonging to a union are permitted to have a union representative present at a disciplinary meeting.
breach of good faith
employer promises should be kept, although the terms of the promise may be hard for employees to prove.
contractual relationship
employers and employees may enter into a legal agreement regarding how employees issues are handled, including stipulating that discharge may occur only if it is based on just cause.
employee records
employers are required to keep several different types of job-related employee information.
statutory considerations
employers may not violate federal or state discrimination laws when dismissing employees.
Electronic Communications Privacy Act (ECPA) of 1986
extends the federal Wiretap Act to e-mail, but there are a number of exceptions in the act that allow employers to monitor communication if there is a legitimate business purpose or if employees give consent.
the problem is that these romances can lead to accusations of
favoritism, sexual harassment complaints, low productivity, poor employee morale, and even workplace violence.
Tip 4
follow company disciplinary procedures to ensure fairness and consistency.
fraternization policies can be one of four options
forbid all relationships between all coworkers; ban dating between managers and nonmanagers; ban relationships between an employee and the direct supervisor; or require employees to sign contracts stating that the relationship is consensual (love contracts).
a recent survey of small business owners
found that 61 percent of owners found it difficult to fire employees and 78 percent admitted that they had kept an underperforming employee too long because they avoided the unpleasant dismissal task.
A recent survey of young professionals between 21-29 in 14 countries
found that more than 40 percent of respondents would be willing to work for less money in favor of having access to social media while at work. 56 Percent reported that if they were offered a job at one of the 31 percent of companies who block media access would decline the offer or take the job and use social media anyway.
employers also see benefits for employee monitoring
from increased productivity and a better understanding of workplace culture.
the rate of employees who test positive for drug use has dropped
from nearly14 percent to 4 percent since the law was enacted in 1988.
Seven factors to consider when disciplining an employee
have a fair and equitable disciplinary practice
procedure continued
have similar occurrences, both prior and subsequent to this event, been handled in the same way and without discrimination; was the penalty in line with the seriousness of the offense and in accord with the worker's past employment records ?
WARN would not apply
if a company is having a financial difficulty and is unable to raise money to keep the organization afloat, resulting in immediate failure and bankruptcy.
the doctrine seeks to equalize the playing field
if employees can resign at any time they want, why shouldn't an employer have a similar right?
there are around 49 federal law protecting workers in the private sector who report fraud and wrongdoing.
in one-third of the companies that experienced major fraud in 2013, whistle-blowers were responsible for alerting authorities.
written verbal warning
is a temporary record of a reprimand that is placed in the manager's file on the employee. Should state the purpose, date, and outcome of the interview with the employee. It is not forwarded to HRM for inclusion in the employer's personnel file.
implied employment contract
is any verbal or written statement made by members of the organization that suggests organizational guarantees or promises about continued employment.
The purpose of checking credit reports
is to obtain information about the individual's "character, general reputation," and various other personal characteristics.
written warning
it is the first formal stage of the disciplinary procedure and becomes part of the employee's official personnel file.
Action plan
may include steps the employee will take in order to correct the problem or improve performance, timeframe for completing steps, manager support or assistance, and consequence for not completing action plans.
whistle-blowing
occurs when an employee reports the organization to an outside agency for what the employee believes is an illegal or unethical practice.
Nearly 90 percent
of discrimination charges filed with the Equal Employment Opportunity Commission are related to discharging employees
primary reasons for employee monitoring
preventing losses due to theft, security breaches, dishonesty, and misconduct
Employee Polygraph Protection Act of 1988
prohibits employers in the private sector from using polygraph tests (lie-detector tests) in all employment decisions. Permits their use under certain circumstances.
the purpose of love contracts are to:
reduce the risk of sexual harassment; reduce the perception of favoritism; provide an opportunity to discuss professional behavior in the workplace; remind employees that the workplace does not provide privacy.
discipline
refers to a condition in the organization where employees conduct themselves in accordance with the organization's rules and standards of acceptable behavior.
employees have surprisingly few rights in the workplace
some states provide legal protection, but few federal laws address employee privacy
Worker Adjustment and Retraining Notification (WARN) Act of 1988
sometimes called the Plant Also known as the Plant Closing Bill, require organizations employing 100 or more individuals must notify workers 60 days in advance if it is going to close its facility or lay off 50 or more individuals.
constructive discharge
still a claim of a broken promise by employers. includes situations where the employer creates working conditions that are "intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign.
ECPA
stipulates that monitoring of phone conversations must cease if it becomes personal in nature.
In 2004
the NRLB reversed its decision to allow the right of non union employees who wish to have another individual present
if there is a constructive discharge claim
the employee must first provide written notice to the employer, and if nothing is done to correct the situation in a reasonable timeframe, the situation is probably constructive discharge.
if consistency is lacking
the test may indicate that an individual has a tendency to be dishonest.
many firms have voluntarily adopted policies to permit employees to identify problem areas.
the thrust of these policies is to have an established procedure whereby employees can safely raise concerns and the company can take corrective action.
a lack of integrity is associated with such counterproductive behaviors such as
theft, violence, sabotage, disciplinary problem, and absenteeism.
Tip 2
think before you speak, stay calm
concerted activity
this means that the employee was communicating with other employees about workplace issues as protected by the National Labor Relations Act.
Drug-Free Workplace Act of 1988
was passed to reduce substance abuse in the workplace. Under the act, all individuals with federal contracts or grants and organizations with federal grants or contracts over $100,000 are required to actively pursue a drug-free workplace.
contracts violations must follow procedure of due process that includes these steps:
was there adequate warning of consequences of the worker's behavior; are the rules reasonable and related to safe and efficient operations of the business; before discipline was administered, did a fair investigation of the violation occur; did the investigation yield definite proof of worker activity and wrongdoing
Four steps of increasing severity
written verbal warning, written warning, suspension, and dismissal
warning signs management is part of the problem
you are avoiding a problem employee; employees accuse you of "playing favorites"; you don't know how to handle an out of control employee; you ignore obvious problems or try to make them sound as though they're not serious; you fear employees will make claims of retaliation if you start to enforce the rules; you notice cliques forming to protect certain individuals; individuals tell you they have been victims of pranks or horseplay
