Transcript Healthcare Human Resource Management Flynn, Mathis, Jackson

Healthcare
Human Resource
Management
Flynn
Mathis
Jackson
Chapter 10
Employee Relations
in the Healthcare Industry
PowerPoint Presentation by
Tonya L. Elliott, PHR
Langan
Learning Objectives
After you have read this chapter, you should
be able to:
 Review the common components of an employment
agreement
 Define Employment-At-Will and identify exceptions to this
concept
 Describe due process and explain alternative dispute
resolution processes
 Explain the whistleblower doctrine and apply the concepts
to the healthcare industry
 Discuss issues associated with drug testing for healthcare
employees
 Identify elements common to employee handbooks
 Outline the progressive discipline process
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Employer Employee Relations
Employee Relations Philosophy
All aspects of how an organization treats and
responds to its employees
Includes how it communicates with employees
May serve as a strategic advantage
Critical to healthcare organizations in retention efforts
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Employee Rights: Statutory
Federal and state regulations
Equal employment opportunity (EEO)
Health and safety regulations (OSHA)
Employee benefits law (ERISA)
Wage and hour law (FLSA)
Case law
Professional association guidelines
Workers’ compensation
Unemployment compensation
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Employee Rights: Contractual
 Employment contracts/agreements
- Formal agreements between employer and employee
about their working relationship
 Separation agreements
 Retention agreements
- Designed to retain key employees during mergers,
consolidations, or changes in organizational leadership and
Board representation
 Training contracts
 Drug testing permissions
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Employment Contract Contents
 Terms of contract
 Provisions for renewing contract
 Duties and responsibilities
 Compensation
Review & rescission rights
 Benefits
Employee allowed period of
time to review contract and
 Severance benefit
rescind agreement after signing
 Non-compete clauses
 Non-solicitation clauses
 Dispute-resolution clauses
 Change-in-control clauses
 Termination and resignation clauses
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Other Rights & Responsibilities
Implied Contracts
 Unwritten agreements between employers and
employees
 Examples: oral agreements or employee handbooks
Employment Practices Liability Insurance
(EPLI)
 Protects healthcare organizations from lawsuits
initiated by their employees
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Employment-At-Will
Employers
the right to hire, fire, and promote whomever they choose
Employees
the right to terminate their employment for any time for any
reason
____________________________________________________________________________________________________________
3 Exceptions
Public-policy violation - when employee is fired for reporting
illegal activities by the employer
Implied contract – might suggest an employee will be
employed indefinitely in exchange for
satisfactory job performance
Good faith & fair dealing – employer/employee must treat each
other fairly
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Wrongful Discharge & Documentation
Wrongful discharge
Termination of employee for reasons that are illegal,
improper, or inconsistent with organizational policies
Documentation for wrongful discharge lawsuits
 New employee orientation materials
 Employee handbook
 Discharge letters
 Performance appraisals
 Job description
 Discipline process and performance management
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Just Cause Determinants
Figure 10-5
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Constructive Discharge & Due Process
Constructive Discharge
Creating impossible working conditions that force an
employee to resign
Employees may be awarded back pay and punitive
damages
Due Process
Opportunity for an employee to explain and defend
their actions during the disciplinary process
Employers should provide due process to avoid
negative decisions by outside investigators
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Resolving Employee Complaints
Alternative Dispute Resolutions
Methods of resolving disputes between employees and
their employers
1. Arbitration
A neutral third party hears both sides and gives binding
decision
2. Peer Review Panels
Internal committee of employees review employee
complaints and make recommendations and/or decisions
3. Employee Ombudsman
A staff employee who administers a program designed to
resolve disputes
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Employer Security & Employee Rights
Employee Records - Personnel File Contents
Include:
 Application for employment
 New employee orientation information – checklist
 Letter offering the job
 Employee group insurance benefit forms
 Compensation records
 Performance appraisals
 Performance management documentation
Does Not Include:
X Employee health files
X Performance comments by co-workers
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Employees’ Right to Free Speech
Whistleblowing
 Employee’s free speech protected when reporting
employer public-policy violations
 Employers may not retaliate against employees
 Example: Medicare fraud and abuse
Monitoring E-mail/Voicemail & Tracking Internet Use
E-mail & voice-mail: an employee privacy issue
Internet use: concerns about reduced productivity
HR policies: limit technology for business use only
train employees on policies
require employees to sign
acknowledgement forms
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Honesty in the Workplace
Significant problem in healthcare:
Drug theft
Problem prevention:
Background checks on applicants
Employer investigations methods:
Honesty/Integrity testing
Assessing off-duty behaviors
Drug testing
Reviewing employee records
Background checks
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HR Policies, Procedures, & Rules
Policies
General statements about the organization’s
position on an issue
Procedures
Define the customary way an organization deals
with the policy issue
Rules
Define expected behaviors of employees at work
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Methods for Communicating HR Policies
 Employee Handbooks
 Memos
 Newsletters
 Meetings with management
 Computer message boards
 E-mail
Upward communication:
Suggestion Systems
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Employee
Discipline
Figure 10-8
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Steps of Progressive Discipline
1.
Counseling
 Bring the problem to the employee’s attention &
discuss how to make improvements
 Manager should be positive & encouraging
2.
Verbal Warning
 Point out performance deficiencies & explain
importance of improving performance
 Manager may offer additional training or other
resources
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Steps of Progressive Discipline (cont’d)
3.
Written Warning
 Job expectations are outlined in writing
 Manager may offer additional training or other
resources
 Includes statement of consequence if job
expectations not met
4. Suspension
 Length of suspension depends on severity of
performance deficiency
5. Discharge
 When an employee cannot or will not perform
satisfactorily
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Discipline Decisions
Some managers may be reluctant to discipline:
*Fear of lawsuits
*Fear of retaliation
*Loss of friendship
*Not being liked
*Lack of support from organization
*Dislike by employees
*Guilt
*Time & energy to manage process
Train managers on effective use of discipline
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Innovative Employee Relations Strategies
Employee Attitude Surveys



Encourages feedback from employees
Measures employee morale
Analyzes problem areas which can prompt action plans
Employee Assistance Programs


May be offered through internal programs or outside
vendor
Offers employee assistance in their personal and
professional lives
Substance abuse
Legal assistance
Financial issues
Marital issues
Interpersonal issues
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Innovative Employee Relations Strategies (cont’d)
Employer of Choice (EOC) Programs
 Long-term top management commitment
 Defined organizational purpose
 Innovative and competitive compensation & benefits
 Staff-development opportunities
 Rewards for innovation and creativity
 Rewards aligned with performance
 Culture that respects diversity, encourages self
participation, and rewards employee and
organizational success
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Innovative Employee Relations Strategies (cont’d)
Reward & Recognition Programs
Standards of Behavior
Respect
Communication
Excellence
Fairness & Equity
Cooperation
Self Care
Compassion
Personal Accountability
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