Human Resource ManagementLecture 5

MGT 350

Last Lecture• What is equal employment opportunity?• Determining Potential Discriminatory Practices

– The 4/5ths Rule

– Restricted Policy

– Geographical Comparisons

– McDonnell-Douglas Test

• Three defenses:– Business necessity– Bona Fide occupations qualifications– Seniority System

• Comparable worth • Glass ceiling

Topic

Employee Rights and HR Communications

Introduction

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

• The laws have increasingly constrained employer ‘s actions related to employee rights.

Employee Rights

• Basic rights of employees.– Sick Leave– Public holiday– Weekly holiday– Minimum wage

Employment Rights Legislation and Its HRM Implications

• The Drug-Free Workplace– It is Important for the organization to provide a

drug free environment.

– Covered organizations• must establish and disseminate policies• provide substance-abuse awareness programs

Employment Rights Legislation and Its HRM Implications

• Drug-free policies must include:– What is expected of employees– Penalties for infractions of policies– Substance abuse awareness programs– Disseminated to all employees

Current Issues Regarding Employee Rights

• Drug Testing – The severity of substance abuse in

organizations has led to use of drug testing.

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

Current Issues Regarding Employee Rights

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

considered. • Communicating clear policies and procedures

Current Issues Regarding Employee Rights

• Honesty Tests – Written tests to get applicants to

reveal information about their integrity.

– 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.

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.

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

Current Issues Regarding Employee Rights

• Employee Monitoring and Workplace Security

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

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

Current Issues Regarding Employee Rights

• Workplace Romance – Some companies try to prevent

relationships between employees because of potential discrimination or sexual harassment issues

– Others view romance as having a positive effect.

– Many companies have issued policies and guidelines on how relationships at work may exist.

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.

Discipline and Employee Rights

Discipline

• A system of rules of conduct or method of practice.• The trait of being well behaved.

– A condition where employees conduct themselves in accordance with the organization’s rules and standards of acceptable behavior.

Discipline and Employee Rights

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

Discipline and Employee Rights

• Disciplinary Guidelines – Make disciplinary action corrective rather

than punitive. – Make disciplinary action progressive; i.e.

verbal warning, written warning, suspension, dismissal.

Discipline and Employee Rights

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

Less Severe More Severe

Verbal Warning

Written Warning

Suspension Dismissal

Discipline and Employee Rights

• Disciplinary Guidelines The stove is red so be careful.Warning is issued so no chance of another violation. Follow the Hot-stove rule; i.e. immediate

response; ample warning.

Employee Counseling

• Direction or helpful suggestions regarding a decision or future course of action.

• 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 Employee Communications to Enhance Employee Rights

• Why Use an Employee Handbook? – Creates sense of security and

commitment– Can be used to provide information

to new employees.– Must be seen as useful, concise,

well-organized and must be continually updated.

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, radio antennas, and infrared light rays

Using Employee Communications to Enhance Employee Rights

Complaint Procedures – Step 1: Employee-supervisor– Step 2: Employee-employer relations– Step 3: Employee-department head– Step 4: Employee-president

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

Summary

• Basic rights of employees• Honesty/Drug Tests • Whistle-blowing• Employee Monitoring and Workplace Security

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

• Workplace Romance • The Employment-at-Will Doctrine

Summary• Discipline• Factors to consider when disciplining• The most frequent violations requiring disciplinary action involve

– Attendance

– On-the-job behaviors

– Dishonesty

– Outside activities

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

Hot-stove rule; i.e. immediate response; ample warning.

Employee Counseling.Why Use an Employee Handbook?

Complaint Procedures