employee rights and hr communications
TRANSCRIPT
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Chapter 4Employee Rights and HR Communications
Fundamentals of Human Resource ManagementEighth Edition
DeCenzo and Robbins
Fundamentals of Human Resource Management 8e, 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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
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
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Current Issues Regarding Employee Rights
• 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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Current Issues Regarding Employee Rights
• 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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Current Issues Regarding Employee Rights
• 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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Current Issues Regarding Employee Rights
• Employee Monitoring and Workplace Security – Interests are protected against
• Theft
• Revealing of trade secrets to competitors• Using the customer database for personal gain
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Current Issues Regarding Employee Rights
• Employee Monitoring and Workplace Security – Must balance these security
needs with employee rights. – Develop and communicate
policies for monitoring• computer• e-mail
• telephone
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
The Employment-at-Will Doctrine
• 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
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
The Employment-at-Will Doctrine
• 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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Discipline and Employee Rights
• Discipline– A condition where employees conduct
themselves in accordance with the organization’s rules and standards of acceptable behavior.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Discipline and Employee Rights
• 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
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Discipline and Employee Rights
• The most frequent violations requiring disciplinary action involve– Attendance– On-the-job behaviors– Dishonesty – Outside activities
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Discipline and Employee Rights
• Disciplinary Guidelines – Make disciplinary action corrective rather
than penal.
– Make disciplinary action progressive; i.e. verbal warning, written warning, suspension, dismissal.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Discipline and Employee Rights
• Disciplinary Guidelines – Follow the immediate response; ample
warning; consistency; impersonal.
– Allow employees to have a representative present for disciplinary meetings.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Discipline and Employee Rights
• Disciplinary Actions – Written verbal warning– Written warning– Suspension– Dismissal
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Employee Counseling
• This approach is most appropriate when a performance problem is not amenable to training and development or mentoring and coaching.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
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
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
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.
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Using Employee Communications to Enhance Employee Rights
• 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
Fundamentals of Human Resource Management 8e, DeCenzo and Robbins
Using Employee Communications to Enhance Employee Rights
• 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