Chapter 1 - HRM in a Dynamic Environment
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Transcript Chapter 1 - HRM in a Dynamic Environment
CHAPTER 4
Employee Rights
DeCenzo and Robbins HRM 7th
Edition
1
CHAPTER 4 TOPICS:
1:
2:
3:
4:
5:
6:
7:
8:
9:
10:
Privacy
Drug-Free Workplace
W.A.R.N.
Employee drug testing
Honesty tests
Employment-at-will doctrine
Exceptions to employment-at-will
Discipline contingency factors
Discipline guidelines
Employee counseling
DeCenzo and Robbins HRM 7th
Edition
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1: PRIVACY
Privacy Act of 1974
Federal government
agencies
Letters of
recommendation
Contents of employee
file
Computerization
Fair Credit Reporting
Act of 1971
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Edition
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2: DRUG-FREE
WORKPLACE ACT OF 1988
Organizations
Department of
Transportation
Nuclear Regulatory
Commission
Federal contractors
Government agencies
Receive $25,000 in
federal funds
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Edition
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2: DRUG-FREE POLICIES
MUST INCLUDE
What is expected of
employees
Penalties for
infractions of policies
Substance abuse
awareness programs
Disseminated to all
employees
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2: POLYGRAPH
PROTECTION ACT OF 1988
Illegal to screen all
applicants
Little job-related
value
Used to determine
theft in organizations
Results can be
challenged
DeCenzo and Robbins HRM 7th
Edition
• See Exhibit 4-1
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Exhibit 4-1: Polygraph Protection Notice
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3: W.A.R.N. ACT
Worker Adjustment
and Retraining
Notification
1988
Plant Closing Bill
100+ employees
50+ layoffs or closing
60 days notice
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Edition
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3: MORE W.A.R.N.
Penalty???
One day’s pay and
benefits for each day’s
notice
Exceptions
Foreclosure
Not bankruptcy
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4: CURRENT EMPLOYEE
RIGHTS ISSUES
Drug testing
Honesty tests
Employee monitoring
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4: DRUG TESTING
SIGNIFICANCE
Voluntary
participation because
of severity
Large percentage of
employees are
abusers
(Find out how many
and report to class for
1 point.)
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Edition
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4: AND….
1/2 of injuries and
deaths
Health-care
expenditures over
$246 billion
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Edition
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4: DRUG TESTING
PRACTICES
Employees
Immediate
termination
Rehabilitation
Applicants
Not hired
Some companies may
hire later
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4: COMMENTS SO FAR???
Effects on job related
activities
Attendance
Productivity/quality
Accidents
Criticisms
False positives
Improper
administration
Dignity
DeCenzo and Robbins
Edition
HRM 7th
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4: REASONABLE
EXPECTATIONS
Privacy
Humane treatment
Safeguards
(See Exhibit 4-3)
Help, not punishment
HRM create positive
atmosphere
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Edition
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Exhibit 4-3: Alternatives to Body Fluid Testing
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5: HONESTY TESTS
Integrity tests
Legal alternative to
polygraph
Paper & pencil
Consistency in
responses
Focus
Theft
Drug use
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5: WHISTLE BLOWING
Report corporate
wrong doing
Protect the workers
Retaliation
Termination
How to do it???
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5: WHISTLE BLOWING
POLICY
Written form
Top management
support
Communicate
Communicate
Communicate
No red tape reporting
Anonymous
AND….
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Edition
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5: WHISTLE BLOWING
POLICY
Guarantee protection
Formal investigative
process
Prompt action
Communicate results
quickly to employee
Appeals process
Commitment to
ethical environment
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Edition
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Exhibit 4-4: Ten Steps to an Effective Whistle-Blowing Policy
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5: OTHER EMPLOYEE
RIGHTS ISSUES
Employee monitoring
Workplace security
Legislating love
Sexual orientation
rights
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6: EMPLOYMENT-AT-WILL
DOCTRINE
Dismissal for
Good cause
No cause
With no guilt
Challenges treat jobs
as private property
Most states permit
employees to sue for
unjust termination
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7: EMPLOYMENT-AT-WILL
EXCEPTIONS
Contractual
relationship
Statutory
considerations
Public policy violation
Implied employee
contract
(Handbook!)
Breach of good faith
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8: WHEN AN EMPLOYEE
DOESN’T SELF-DISCIPLINE
Rules and standards
not followed
Examples??
See Exhibit 4-6
Extrinsic disciplinary
is warranted
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Edition
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Exhibit 4-6: Specific Disciplinary Problems
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8: CONSIDER THESE
FACTORS IN DISCIPLINE
Seriousness
Duration
Frequency and nature
Extenuating
circumstances
Socialization
Typical practices
Management backing
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9: DISCIPLINARY
GUIDELINES
Corrective, not
punitive
Progressive
Hot-stove rule
Immediate
Warning
Consistent
Impersonal
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Edition
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9: DISCIPLINARY
ACTIONS
Written verbal
warning
Written warning
Suspension
Dismissal
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9: WANT TO TRY
POSITIVE DISCIPLINE??
Integrate with
performance
management system
Reinforce good
behavior rather than
issue write-ups
Steps (Exhibit 4-8)
Oral reminder
Written reminder
Decision-making
leave
DeCenzo
and Robbins
Edition
HRM 7th
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Exhibit 4-8: Steps in Positive Discipline
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Edition
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10: EMPLOYEE
COUNSELING
Skill deficiency?
Intervene with
Training
Development
Attitude problem?
Intervene with
Counseling
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10: EMPLOYEE
COUNSELING
Be a good listener
Then follow these
steps….
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10: EMPLOYEE
COUNSELING STEPS
Document
Be objective, fair,
equitable
Confront performance
only
Offer assistance
Expect resistance and
defensiveness
AND…..
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10: MORE EMPLOYEE
COUNSELING STEPS
Get employee to own
the problem
Develop an action
plan
Identify outcomes for
failure
Monitor and control
progress
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QUICK: REVIEW
CHAPTER 4
ANSWER THESE QUESTIONS ON A SHEET
OF PAPER.
1. THE MOST IMPORTANT THING WE DID IN
CLASS TODAY _______.
2. I STILL HAVE QUESTIONS ABOUT_______.
3. THE BEST THING IN CLASS TODAY WAS
____.
4. DON’T D0 ____________ ANYMORE.
DeCenzoPAPERS,
and Robbins
HRM 7th NO NAMES. WE’LL
• TURN IN YOUR
PLEASE.
Edition
TALK NEXT CLASS SESSION
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PREVIEW: CHAPTER 5
In newspaper or online want ads:
Find an example of an ad that clearly
describes
What you will do on the job
What skills or background are needed for the job
Find an example of an ad that gives you no
idea of
What you will do on the job
What skills or background are needed for the job
•
Bring these with you to class next time.
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Edition
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Exhibit 4-2: Summary of Laws Affecting Employer Rights
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Exhibit 4-5: Selected Companies: Policies on
Organizational Romance
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Edition
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Exhibit 4-7: The Progressive Discipline Process
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Edition
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