Respecting Employee Rights and Managing Discipline

© 2004 by Prentice Hall Terrie Nolinske, Ph.D.

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Respecting Employee Rights and Managing Discipline14


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Challenges

• What are the origins and the scope of employee rights and management rights?

• What is employment-at-will?• How does progressive discipline differ

from positive discipline?• How can supervisors manage difficult

employees?• How can disciplinary actions be avoided?


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Employee Rights Statutory Rights

• Protect from discrimination

• Safe working conditions

• Right to form unions


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3 Types of Employee Rights

• Employment contract

• Union contract

• Implied contract

• Employment policies

Employee Rights Contractual Rights


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3 Types of Employee Rights

• Ethical treatment

• Limited privacy

• Limited free speech

Employee Rights Other Rights


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Creating Ethical and Fair Work Environment

• Develop trust • Honor commitments • Act consistently • Be truthful and avoid white lies• Avoid manipulating others • Keep confidences • Show concern for others


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Create Healthy Work Environment

• Define clear expectations• Treat employees equitably• Avoid favoritism• Adhere to reasonable standards• Respect employees • Recognize employee contributions


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Management Rights

• Run business and retain any profits• Manage workforce: hire, promote, assign,

discipline, discharge employees• Influenced by stakeholders• Employment at will


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Employment at Will

Common-law rule…

asserts employer’s right to end their employment relationship with an employee at any time for any cause.


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Legal Limitations to Employment at Will: Public Policy Exceptions

• Courts ruled that an employee cannot be discharged for activities protected by law:

• File legitimate workers’ compensation claim

• Exercise a legal duty, such as jury duty

• Refuse to violate a code of ethics

• Refuse to support a political candidate favored by employer


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Legal Limitations to Employment at Will: Implied Contracts

• May exist when employer makes oral or written promises of job security

• Write employee handbook to eliminate language that could imply a contract

• Treat each party in good faith


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Random Drug Testing

• Required by law for specific occupations where safety is critical

• May be challenged where employer has other methods available to ensure drug-free work environment


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Electronic Monitoring

• May help deter theft

• Increased sophistication of computer and telephone technology is costly

• Employees see electronic monitoring as legitimate when it is used to control theft


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Whistle-blowing

• Employees use whistle-blowing to hold employers accountable

• Risky -- managers and employees often deal harshly with whistle-blower


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Whistle-blowing: Do’s

• Make sure allegation is correct • Document observations and attempts to

rectify the problem • Keep documentation outside the office• Find out if state protects whistle-blowers • Talk to your family about repercussions


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Whistleblowers: Don’ts

• Do not assume laws will protect you • Do not run to the media • Do not expect money if you’re fired


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Effective Disciplinary Sessions

• Is discipline called for• Is problem isolated infraction or a

pattern• Identify clear, specific goals• Engage in two-way discussion• Identify a plan • Follow-up• End on a positive note


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Steps in Progressive Disciplinary Action

• Verbal warning• Written warning• Suspension• Discharge


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Positive Discipline

• Encourage employees to monitor their own behaviors and assume responsibility for their actions

• Supervisor uses counseling skills to motivate the employee to change

• Train supervisors in giving feedback and using positive discipline


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Just Cause Standard of Discipline• Notification Was employee forewarned of

disciplinary consequences of his or her conduct?

• Reasonable Rule Was the rule the employee violated reasonably related to safe and efficient operations?

• Investigation Before the Discipline Did managers conduct an investigation into misconduct before administering discipline?


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Just Cause Standard of Discipline

• Fair Investigation Was investigation fair and impartial?

• Proof of Guilt Did investigation provide substantial evidence or proof of guilt?

• Absence of Discrimination Were rules, orders and penalties of disciplinary action applied without discrimination?

• Reasonable Penalty Was disciplinary penalty reasonably related to seriousness of rule violation?


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When Administering Discipline…

• Never lose your temper• Tackle disciplinary action head on, do not

avoid it• Never play therapist• Make sure employee assumes

responsibility for change


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Prevent Need for Discipline with Proper HR Management

Many of the functional areas of HR can be designed to prevent problem employees:

–Recruitment and Selection–Training and Development–Human Resource Planning–Performance Appraisal–Compensation


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Managing Difficult Employees

• Poor performance

• Insubordination• Alcohol-related

misconduct• Illegal drug use

and abuse


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What systems can be put into place to assure that all employees follow the business’ code of ethics? How can department managers work with HR staff to do this?

Case

Respecting Employee Rights and Managing Discipline

Documents

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