Chapter 13: Employees Rights and Discipline

Impairment Testing

Also called fitness-for-duty, or performance-based testing, it measures whether an employee is alert enough to work

Peer-review Systems

This is composed of equal numbers of employee representatives and management appointees. A benefit of this system is the sense of justice it creates among employees.

(c) Nonpiracy agreement

When Sanjeev left the engineering firm, he agreed that he wouldn't approach that firm's customers for a period of 3 years after leaving the company. (a) Nondisclosure of information agreement (b) Intellectual property agreement (c) Nonpiracy agreement (d) Noncompete agreement

Alternative Dispute Resolution (ADR)

A term applied to different employee complaint or dispute resolution methods that do not involve going to court

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

Discipline

A tool, used to correct and mold the practices of employees to help them perform better so they conform to acceptable standards

Whistle-Blowing

Complaints to government agencies by employees about their employers' illegal or immoral acts or practices

Whistle-Blowers

Phaedra Al-Majid filed claims saying that soccer officials in Qatar offered to pay for the votes of three FIFA (Fédération Internationale de Football Association) officials so that the Qatar team could play in the 2022 World Cup. A General Electric (GE) executive claims he was fired because he told authorities about ways in which GE was violating the Foreign Corrupt Practices Act.

Electronic Communications Privacy Act

Prohibits the interception, recording, or disclosure of wire, electronic, and aural communications through any electronic, mechanical, or other device

Progressive Discipline

The application of corrective measures by increasing degrees

Positive Discipline (Nonpunitive Discipline)

A system of discipline that focuses on early correction of employee misconduct, with the employee taking total responsibility for correcting the problem

Implied Contracts

A company's employee handbook states that before being fired, employees must be on probation for at least 30 days. During an interview, Mr. Lee said to Maggie, "Oh, you can't get fired from this company. I've worked here for 20 years and no one's ever been fired in that time."

Ombudsman

A designated individual from whom employees may seek counsel for resolution of their complaints

Wrongful Discharge

A discharge, or termination, of an employee that is illegal

Open-Door Policy

A policy of settling grievances that identifies various levels of management above the immediate supervisor for employee contact

Ethics

A set of standards of conduct and moral judgments that help to determine right and wrong behavior

Employment-at-Will Doctrine

A supervisor is able to fire an employee for any reason or no reason at all. A company is able to layoff employees without giving a cause for the layoffs.

Step-Review System

A system for reviewing employee complaints and disputes by successively higher levels of management

Peer-Review System

A system for reviewing employee complaints that utilizes a group composed of equal numbers of employee representatives and management appointees. The group weighs evidence, considers arguments, and, after deliberation, votes to render a final decision

(a) Not allowing job applicants to be tested before they are extended offers

Baudry Bonds, cook for Macaroni Grill and shop steward, says that among the conditions for hiring, applicants first have a background check and then must have a drug test. This statement implies that the organization is EEOC compliant with regard to: (a) Not allowing job applicants to be tested before they are extended offers (b) Allowing job applicants to be rehabilitated under the Americans with Disabilities Act (ADA) (c) Allowing job applicants to be tested before they are extended offers (d) Not allowing job applicants to be rehabilitated

(b) Drug tests do not reveal whether a person is currently under the influence of a drug.

Baudry Bonds, cook for Macaroni Grill and shop steward, says that if a person had smoked weed 3 days ago and it shows up in their test today, he considers that an invasion of privacy. From this statement, Baudry Bonds's criticism of drug testing most likely correlates with which of the following? (a) Drug testing does not make the workplace safer. (b) Drug tests do not reveal whether a person is currently under the influence of a drug. (c) The type of drug test may be inappropriate. (d) Drug test samples can be improperly handled.

Explicit Contracts

Before starting his kitchen remodel, Harrison reviewed and signed the contract authorizing his contractor to receive a sum of $40,000 if the work was completed in less than 2 months. Brandon Saine signs a 3-year, $1.395 million agreement with the Green Bay Packers.

(a) Implied contract

Despite the fact that the employee handbook says that the company has an open-door policy, employees are never allowed to have contact with managers above their immediate supervisor. (a) Implied contract (b) Violation of public policy (c) Implied covenant

Wrongful Discharge

Edmund was fired because he refused to charge customers for work that was not done. He sued, and his employer lost because Edmund was fired for refusing to violate public policy. These cases usually involve an assumption of an implied or explicit contract on the part of the employee and an assumption of employment-at-will on the part of the employer.

(b) Violation of public policy

Employee is terminated for refusing to commit a crime. (a) Implied contract (b) Violation of public policy (c) Implied covenant

Psychological Contract

Expectations of a fair exchange of employment obligations between an employee and employer

Employment-at-Will Relationship

The right of an employer to fire an employee without giving a reason and the right of an employee to quit when he or she chooses

Mediation

The use of an impartial neutral to reach a compromise decision in employment disputes

(c) Nondisclosure of information agreement

When Joe was laid off, he agreed not to give any information about his former company to the company that hired him next. (a) Noncompete agreement (b) Nonpiracy agreement (c) Nondisclosure of information agreement (d) Intellectual property agreement

Constructive Discharge

An employee's voluntary termination of his or her employment because of harsh, unreasonable employment conditions placed on the individual by the employer

Plant Closing

Congress passed the Worker's Adjustment Retraining and Notification (WARN) Act to address this issue. When this happens, you must tell collective bargaining representatives, unrepresented employees, the appropriate state dislocated worker agency, and the highest elected local official.

Employee Rights

Guarantees of fair treatment that become rights when they are granted to employees by the courts, legislatures, or employers

PROGRESSIVE: (a) Anna is given a written warning about her tardiness (f) After Jami capsized an entire raft of white-water adventurers, his boss gave him an oral warning. POSITIVE: (b) Jerry is given a paid, one-day decision-making leave (c) Sarika and her manager, Sonal, have a conference to try and determine why money is missing from cash registers at the end of the day (d) After telling a customer the wrong price for an expensive stereo system, Fleury was given a one-day paid decision-making leave. (e) Sales of appetizers were down at the upscale restaurant, so the waitstaff and managers met to have a conference and develop solutions for the problem.

Identify the appropriate discipline type for each of the given examples. (a) Anna is given a written warning about her tardiness (b) Jerry is given a paid, one-day decision-making leave (c) Sarika and her manager, Sonal, have a conference to try and determine why money is missing from cash registers at the end of the day (d) After telling a customer the wrong price for an expensive stereo system, Fleury was given a one-day paid decision-making leave. (e) Sales of appetizers were down at the upscale restaurant, so the waitstaff and managers met to have a conference and develop solutions for the problem. (f) After Jami capsized an entire raft of white-water adventurers, his boss gave him an oral warning.

JUST CAUSE ESTABLISHED: (a) Organization's investigation conducted in a fair and objective manner. (b) Investigation produced sufficient evidence of proof of guilt as charged. (f) Management's requirements of the employee were reasonable to the organization's business. JUST CAUSE NOT ESTABLISHED: (c) Management treated this employee differently than other discharge situations. (d) The discharge did not fit the misconduct. (e) The organization did not forewarn an employee of possible disciplinary consequences of his actions.

Identify whether just cause was or was not established for each of the following discharge situations. (a) Organization's investigation conducted in a fair and objective manner. (b) Investigation produced sufficient evidence of proof of guilt as charged. (c) Management treated this employee differently than other discharge situations. (d) The discharge did not fit the misconduct. (e) The organization did not forewarn an employee of possible disciplinary consequences of his actions. (f) Management's requirements of the employee were reasonable to the organization's business.

Mediation

In the labor agreement negotiations, the union and the organization were assisted by a neutral third party. Although the third party couldn't make a final decision in the case, he helped both the union and the organization see all the facts of both sides and come to an agreement together. In this situation, an impartial third party shares information with both negotiating parties, helping them to come to an agreement, but not having control over what that agreement will be.

Ombudsman System

In this process, an individual works cooperatively with both sides to reach a fair settlement, often employing a problem-solving approach to the issue. This person's priority is to ensure a fair process of conflict resolution, not to be an advocate for one side or the other. In this process, an individual works cooperatively with both sides to reach a settlement, often employing a problem-solving approach to the issue.

Constructive Discharge

Juli, a sales manager, is given the job of cleaning the company bathrooms every day. Eventually, she quits her job in disgust. Stefano was hired to be a lifeguard at a country club. But now his manager wants him to mow the grass and clean out the locker rooms every other day. Stefano feels like he is being pushed into unreasonable work, and he is having thoughts about quitting.

(b) An explicit contract

Kimmy Jordan, housekeeper for Holiday Inn Hotel, indicates the contradiction between the contract and the employee handbook. Kimmy says the handbook didn't agree with what the union was about. As a member of the union, Kimmy has which of the following? (a) A revocable contract (b) An explicit contract (c) A constructive contract (d) An implicit contract

(c) Allow employees five sick days, regardless of the number of occurrences

Kimmy Jordan, housekeeper for Holiday Inn Hotel, says that her union contract allows her five sick days, but that the employee handbook only allows her three absences before she is written up. As a manager, which of the following actions should you take with regard to housekeeper attendance? (a) Make employees sign a document saying that they can be dismissed at will for excessive sick leave (b) Treat each employee on a case by case basis (c) Allow employees five sick days, regardless of the number of occurrences (d) Allow employees three absences, then write them up

(c) Under an explicit contract that would be enforceable in court

Kimmy Jordan, housekeeper for Holiday Inn Hotel, says that part of working in a union hotel is deciphering the contract and comparing it with the employee handbook. From this statement, it would appear that Kimmy works: (a) Under an implicit contract that is not enforceable (b) Under an implicit contract of job security (c) Under an explicit contract that would be enforceable in court (d) Under an explicit contract that would not be enforceable in court

USE: (a) An employee must authorize the release of information in writing before it will be given to anyone outside of the organization. (b) All personnel files will contain the full names and addresses of employee family members, in case of emergency. DON'T USE: (c) Employee files will be located in file cabinets outside the HR manager's office so that employees can access them.

Look at each guideline in the following table and identify whether it should be part of your personnel file policy. (a) An employee must authorize the release of information in writing before it will be given to anyone outside of the organization. (b) All personnel files will contain the full names and addresses of employee family members, in case of emergency. (c) Employee files will be located in file cabinets outside the HR manager's office so that employees can access them.

Privacy Act

Maintains that employers that willfully violate the act are subject to civil suit

Open-door Policy

Mike Ghaffary, the Vice President of Business Development at Yelp sets aside weekly office hours where any employee can come to see him about any issue. José de Jesús Legaspi is the owner and president of the Legaspi Company. He spends much of his time with his operations and marketing departments, and they can come to him whenever they have a problem.

Due Process

Procedures that constitute fair treatment, such as allowing an employee to tell his or her story about an alleged infraction and defend against it

Retaliation Discharge

The day after he files a sexual harassment lawsuit, George is fired by his boss. (Hint: This sounds like wrongful discharge, but it's not. Go for the term that describes this exact situation.) The day after he files a sexual harassment lawsuit, George is fired by his boss. (Hint: This sounds like wrongful discharge, but it's not. Go for the term that describes this exact situation.)

(c) Managers at each step in the process must provide a full response to the complaint within a reasonable period of time.

The director of HR at a financial services firm has hired you as an HR consultant to help the company develop a step-review dispute resolution procedure to resolve employee complaints. What would you recommend to your client about the specifics of the step-review system? (a) Employee complaints can only be submitted verbally. (b) The employee submitting a complaint must meet with his/her immediate supervisor as the first step in the process. (c) Managers at each step in the process must provide a full response to the complaint within a reasonable period of time. (d) The step review system is modeled on the performance appraisal process, and employees are expected to work with their managers to establish goals for resolving the dispute.

(c) Employee and management representatives on the peer-review committee should serve rotating terms.

The director of HR at a medical devices firm has hired you as an HR consultant to help the company develop a peer-review dispute resolution procedure to resolve employee complaints. What would you recommend to your client about the specifics of the peer-review system? (a) Employee members of the committee serve rotating terms, but management members hold permanent, non-rotating positions. (b) Employee and management members of the peer-review committee all serve in permanent, non-rotating positions. (c) Employee and management representatives on the peer-review committee should serve rotating terms. (d) Employee members of the peer review committee serve 5-year terms while managers serve 10-year terms.

(b) Employee representatives on the peer-review committee should be elected by secret ballot.

The director of HR at a retail firm has hired you as an HR consultant to help the company develop a peer-review dispute resolution procedure to resolve employee complaints. What would you recommend to your client about the specifics of the peer-review system? (a) Employee representatives on the peer-review committee should be selected by first line supervisors at the company. (b) Employee representatives on the peer-review committee should be elected by secret ballot. (c) Employee representatives on the peer-review committee should be selected by the CEO or president of the company. (d) Employee representatives on the peer-review committee should be selected by the head of HR at the company.

(b) The person in the company who is given final authority over handling employee complaints (e.g., president, vice president, head of HR) cannot have his/her decision appealed.

The director of HR at an accounting firm has hired you as an HR consultant to help the company develop a step-review dispute resolution procedure to resolve employee complaints. What would you recommend to your client about the specifics of the step-review system? (a) Problems in the step-review process are always handled by line managers. Human resource managers would never become involved in a step-review process case. (b) The person in the company who is given final authority over handling employee complaints (e.g., president, vice president, head of HR) cannot have his/her decision appealed. (c) The employee submitting a complaint must meet with his/her immediate supervisor as the first step in the process. (d) Step review systems typically include an arbitrator, who serves as the judge of last resort in the process.

(c) The policy is effective in that it conducts drug testing on all new hires and it uses federally or state approved testing labs. It is not effective in that it uses a progressive discipline policy as a zero tolerance approach is more effective.

The drug-free workplace policy at a marketing consulting firm says that it conducts pre-employment drug testing on all new hires, it uses a progressive discipline approach for dealing with violators of the policy, and it only uses federally or state-approved/certified labs for analysis of specimens. What is your evaluation of the effectiveness of this policy? (a) The policy needs to also include that every employee's manager and the HR department will receive copies of the test results. (b) The policy is completely ineffective. (c) The policy is effective in that it conducts drug testing on all new hires and it uses federally or state approved testing labs. It is not effective in that it uses a progressive discipline policy as a zero tolerance approach is more effective. (d) The policy is completely effective.

Negligence

The failure to provide reasonable care when such failures results in injury to consumers or other employees