Fundamentals of Human

Resource Management
Eighth Edition

DeCenzo and Robbins

Chapter 4
Employee Rights and HR Communications
 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.
Employment Rights Legislation
and Its HRM Implications
Privacy Act of 1974
Requires government agencies to make available to
employees information contained in their personnel
files.
Employees may also have the right to review letters
of recommendation made on their behalf.
Similar state laws apply to state and private-sector
employees.
Restrictions include employee waivers of right to
review and procedures which stipulate when and how
a file can be accessed.
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
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
 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.
 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.
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.
 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
 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.
 Current Issues in
Employment Law
What is Sexual Harassment?
Unwanted activity of a sexual nature that affects an
individuals employment
Prohibited under Title VII as sex discrimination
Sexual harassment can occur where: verbal or
physical conduct toward an individual:
(1) creates an intimidating, offensive, or hostile
environment
(2) unreasonably interferes with an individuals work
(3) adversely affects employees employment
opportunities.
 47% of women and 14% of men in UK
say, they have been sexually harassed
in the workplace.
Recent story of Andy Gray and Richard
Keys at SKY
 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.
 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
 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.
 Discipline and Employee
Rights
Discipline
A condition where employees conduct
themselves in accordance with the
organizations rules and standards of
acceptable behavior.
 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 organizations discipline practices
Management backing
 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 Guidelines
Follow the Hot-stove rule; i.e. immediate
response; ample warning; consistency;
impersonal.
Allow employees to have a representative
present for disciplinary meetings.
 Discipline and Employee
Rights
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
employees 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
recruits.
Caution: Use disclaimer to avoid
handbook being interpreted as
implied contract.
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 and
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