employee rights and hr communications

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

Chapter 4Employee Rights and HR Communications

Fundamentals of Human Resource ManagementEighth Edition

DeCenzo and Robbins

Introduction

• Employee rights have become one of the more important human resource issues.

• The U.S. Constitution, laws, and Supreme Court rulings have increasingly constrained employer actions related to employee rights.

Current Issues Regarding Employee Rights

• Drug Testing – The severity of substance abuse in

organizations has led to use of drug testing even by organizations not covered by the Drug-Free Workplace Act.

– Drug testing of current employees typically:• Offers rehabilitation to those who fail• Communicates that drugs will not be tolerated

• Drug Testing – Should be done after a job offer is made.– Those who fail are generally no longer

considered. – Companies are

• Moving to more precise tests by using ones that do not involve body fluids

• Communicating clear policies and procedures

• Relating the testing program to safety and job performance.

• Honesty Tests – Written tests to get applicants to

reveal information about their integrity.

– Legal alternative to polygraph– Used to predict theft and drug use– Multiple questions on the same topic

to assess consistency of responses. – Should not be used as the sole

criterion for a hiring decision.

• Whistle-blowing – occurs when an employee reports his/her

employer to an outside agency over what the employee believes is an illegal or unethical practice.

– Sarbanes-Oxley Act protects employees from retaliation for reporting company wrongdoing.

– Laws protecting whistle-blowers vary by state.

– Many firms have voluntarily adopted policies to protect employees who identify problems.

• Employee Monitoring and Workplace Security – Interests are protected against

• Theft

• Revealing of trade secrets to competitors• Using the customer database for personal gain

• Employee Monitoring and Workplace Security – Must balance these security

needs with employee rights. – Develop and communicate

policies for monitoring• computer• e-mail

• telephone

The Employment-at-Will Doctrine

• The doctrine, based on common law, allows employers to dismiss employees at any time for any reason.

• Has been modified to prohibit termination based on race, religion, sex, national origin, age, or disability.

• Exceptions to the Doctrine:– Contractual relationship: A legal

agreement exists defining how employee issues are handled.

– Statutory considerations: Federal and/or state laws can create exceptions

– Public policy violation: Employees cannot be fired for disobeying an illegal order from the employer

• Exceptions to the Doctrine: – Implied employment contract: verbal or

written statements made by members of the organization, such as promises of job security or statements in an employee handbook.

– Breach of good faith: An employer breaches a promise or abuses its managerial powers.

Discipline and Employee Rights

• Discipline– A condition where employees conduct

themselves in accordance with the organization’s rules and standards of acceptable behavior.

• Factors to consider when disciplining – Seriousness of the problem

– Duration of the problem

– Frequency and nature of the problem

– Extenuating factors

– Degree of socialization

– History of organization’s discipline practices

– Management backing

• The most frequent violations requiring disciplinary action involve– Attendance– On-the-job behaviors– Dishonesty – Outside activities

• Disciplinary Guidelines – Make disciplinary action corrective rather

than penal.

– Make disciplinary action progressive; i.e. verbal warning, written warning, suspension, dismissal.

• Disciplinary Guidelines – Follow the immediate response; ample

warning; consistency; impersonal.

– Allow employees to have a representative present for disciplinary meetings.

• Disciplinary Actions – Written verbal warning– Written warning– Suspension– Dismissal

Employee Counseling

• This approach is most appropriate when a performance problem is not amenable to training and development or mentoring and coaching.

Employee Counseling

• Listen to the employee to uncover the reason for poor performance.

• Focus on performance-related behaviors

• Get the employee to accept the problem, and work to find solutions.

• Managers are not expected to solve employee’s personal problems

• Employee Assistance Program

Using Employee Communications to Enhance Employee Rights

• Why Use an Employee Handbook? – Helps employees learn about the company– Provides central information source

concerning policies, work rules and benefits.

– Helps ensure that HRM policies will be fair, equitable, and consistently applied.

• Using Information Technology for Employee Communications – Provides greater flexibility and

timeliness of information. – Networked communication - e-mail,

instant messaging, voice intranets and extranets, and the talking Internet.

– Wireless communications - microwave signals, satellites, radio waves and radio antennas, and infrared light rays

• Why Companies Support Suggestion Programs – Allow employees to tell management what

they perceive they are doing right or wrong – Connected to other management systems,

such as continuous improvement processes

– Suggestions must be acknowledged and employees recognized for their efforts

employee rights and hr communications

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