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Managing Human Resources Bohlander  Snell  Sherman. Chapter 13 Employee Rights and Discipline. Learning Objectives. Explain the concepts of employment-at-will, wrongful discharge, implied contract, and constructive discharge. Identify the job expectancy rights of employees.

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Managing Human Resources Bohlander  Snell  Sherman

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Managing human resources bohlander snell sherman

ManagingHuman ResourcesBohlander Snell Sherman

Chapter 13

Employee Rights

and Discipline


Learning objectives

Learning Objectives

  • Explain the concepts of employment-at-will, wrongful discharge, implied contract, and constructive discharge.

  • Identify the job expectancy rights of employees.

  • Explain the process of establishing disciplinary policies, including the proper implementation of organizational rules.

  • Discuss the meaning of discipline and how to investigate a disciplinary problem.


Learning objectives cont

Learning Objectives, cont.

  • Explain two approaches to disciplinary action.

  • Identify the different types of alternative dispute-resolution procedures.

  • Discuss the role of ethics in the management of human resources.


Employee rights topics

Employee Rights Topics

  • Wrongful discharge

  • Substance abuse and drug testing

  • Employee searches and surveillance

  • Plant closing notification

  • Access to employee personnel files

  • Smoking in the workplace

  • Employee conduct away from organization


Employee rights

Employee Rights

Guarantees of fair treatment from

employers, particularly regarding

an employee’s right to privacy


Negligence

Negligence

Failure to provide reasonable care where

such failure results in injury to consumers

or other employees


Employment at will principle

Employment-at-Will Principle

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


Presentation slide 13 1 employment at will and wrongful discharge

Violation of Public Policy

Implied Contract

Implied Covenant

Presentation Slide 13-1Employment-at-Will and Wrongful Discharge

Exceptions to Employment at Will


Presentation slide 13 1 exceptions to employment at will doctrine

Presentation Slide 13-1Exceptions to Employment-at-Will Doctrine

  • Violations to public policy -- wrongful discharge for acts protected by law

  • Implied contract -- wrongful discharge contrary to employer oral or written promises

  • Implied covenant --wrongful discharge for a lack of fair dealing on part of employer


Implied contract

Guarded Conversations

State Termination Notice in Offers

Publish Employment-at- Will Statements

Get Signed Statements of Understanding

Implied Contract


Constructive discharge

Constructive Discharge

An employee voluntarily terminates his

or her employment because of harsh,

unreasonable employment conditions placed

on the individual by the employer


Presentation slide 13 2 privacy concerns

Presentation Slide 13-2Privacy Concerns

  • Substance Abuse and Drug Testing

  • Searches and Surveillance

  • Access to Personnel Files

  • E-mail and Voice Mail

  • Conduct Outside the Workplace

  • Genetic Testing

Employee Privacy vs Employer Obligations


Setting organizational rules

Publish Widely

Keep in Writing

Review Regularly

Be Reasonable

Explain Reasons

Be Timely

Get Signed Statements of Understanding

Setting Organizational Rules

Guidelines for

Smooth Implementation of Organizational Rules


Hot stove rule

Hot-Stove Rule

Rule of discipline that can be compared

with a hot stove in that it gives warning,

is effective immediately, is enforced consistently, and applies to all employees

in an impersonal and unbiased way


Discipline

Discipline

(1) Treatment that punishes; (2) orderly

behavior in an organizational setting;

or (3) training that molds and strengthens

desirable conduct—or corrects undesirable

conduct—and develops self-control


Progressive discipline

Progressive Discipline

Application of corrective measures

by increasing degrees


Positive or nonpunitive discipline

Positive, or Nonpunitive, Discipline

System of discipline that focuses

on the early correction of employee misconduct, with the employee

taking total responsibility

for correcting the problem


Positive discipline procedure

Positive Discipline Procedure

First Conference

(Oral Reminder)

Second Conference

(Written Reminder)

Decision-Making Leave/Decision Day

Unsolved

Unsolved

Unsolved

Recognition and Reinforcement

Terminate


Presentation slide 13 5 disciplinary action for unsatisfactory performance

Presentation Slide 13-5Disciplinary Action for Unsatisfactory Performance

  • Do clear and objective performance standards exist?

  • Has employee received proper orientation and training?

  • Is the unsatisfactory performance caused by conditions beyond employees’ control?

  • Has employee been given adequate warning and time to improve performance?

  • Are the other employees meeting performance standards?


Considerations when discharging employees

Considerations When Discharging Employees

  • What is the employee’s length of service?

  • What is the employee’s previous service record?

  • Did employee receive warning and lesser penalties, i.e., progressive discipline?

  • Did employer use every means possible to avoid the discharge?

  • Are there any evidences of prejudice or bias toward employee?


Due process

Due Process

Employee’s right to present his or her

position during a disciplinary action


Employee rights due process

Employee Rights: Due Process

Principles

of

Due

Process

Right to Know

Right to Consistent Treatment

Right to Fair Discipline

Right to Appeal

Right to Progressive Discipline


Appealing disciplinary action

Appealing Disciplinary Action

Employee

Supervisor

Department Head

Conventional

Step-Review

Appeal

Procedure

HR Department

Top Management


Alternative dispute resolution adr

Alternative Dispute Resolution (ADR)

Term applied to different types

of employee complaint or

dispute-resolution procedures


Presentation slide 13 7 alternative dispute resolution procedures

Presentation Slide 13-7Alternative Dispute Resolution Procedures

  • Step-Review Systems

  • Peer-Review Systems

  • Hearing Officer

  • Open-Door Policy

  • Ombudsman System

  • Arbitration


Step review system

Step-Review System

System for reviewing employee

complaints and disputes by successively

higher levels of management


Peer review system

Peer-Review System

System for reviewing employee complaints

that uses a group composed of equal numbers

of employee representatives and management

appointees. It functions as a jury since its

members weigh evidence, consider

arguments, and after deliberation vote

independently to render a final decision


Hearing officer

Hearing Officer

Person who holds a full-time position

with an organization but assumes a

neutral role when deciding cases between

the aggrieved employees and management


Open door policy

Open-Door Policy

Policy of settling grievances that

identifies various levels of management

above the immediate supervisor

for employee contact


Ombudsman

Ombudsman

Designated individual from whom

employees may seek counsel

for the resolution of their complaints


Ethics

Ethics

Set of standards of conduct and moral

judgments that help to determine

right and wrong behavior


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