Chapter 14

Respecting
Employee Rights
and Managing
Discipline

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Chapter 14 Overview

Employee Rights
Management Rights
Employee Rights Challenges
Disciplining Employees
Administering and Managing Discipline
Managing Difficult Employees
Preventing the Need for Discipline within
HR Management
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Employee Rights

Three types of employee rights:

Statutory rightprotected by law
Protection from discrimination
Safe working conditions
Right to union representation
Contractual rightsbased on a contract
Employment or Union contract
Due process
Implied Contract
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Other Rights

Right to ethical treatment

Psychological contract
Limited right to privacy
Implicit in U.S. Constitution
Privacy Act of 1974

Limited right to free speech

More protection for
government employees
Whistle-blowing exception
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Management Rights
Management Rights
Right to run the business and retain profits
Includes right to direct the workforce
Often considered a residual right
Employment-at-Will
Either party free to terminate employment
Exceptions
Public policy expectations
Implied contracts
Lack of good faith and fair dealing
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Employee Rights Challenges

A Balancing Act
Random drug testing
Electronic monitoring
Whistle-blowing
Restrictions on office
romance

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Employee Rights Challenges
Random drug testing
Random or probable cause testing?
Handling false positives
Ensuring security over specimens
Use of alternative tests (e.g. performance)?
Electronic monitoring
Used to fight employee theft
Is seen as invasive
Employees should be aware of devices and
how they are used
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Employee Rights Challenges

Whistle-blowing
Whistle-blowers often subject to retaliation
Organization should have internal
procedures for reporting misconduct
Must have support from top management
Restrictions on office romance
Some organizations have no dating policies
Biggest problem in supervisor-subordinate
relationships
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Disciplining Employees

Progressive Discipline
Verbal warning
Written warning
Suspension
Discharge

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Categories of Employee Misconduct

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Disciplining Employees
Positive Discipline
Employees plays active role in changing
own behavior
Emphasis on change, not punishment
Management intervenes as more of a
counselor
o Focus on learning from past mistakes
Requires training management and is time
consuming
Can have positive effects on bottom line
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 Administering and Managing
Discipline

Due Processimportant to those disciplined

Fair and consistent treatment
Two parts: Standards and Right to Appeal

Basic Standards of Discipline

Communication of rules and criteria
Documentation of the facts
Consistent response to rule violations

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The Just Cause Standard of Discipline

Notification
Reasonable rule
Investigation before
the discipline
Fair investigation
Proof of guilt
Absence of
discrimination
Reasonable penalty
The right to appeal
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Mistakes to Avoid When Administering
Discipline

Losing your temper

Avoiding
disciplinary action
entirely
Playing therapist
Making excuses for
an employee

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Managing Difficult Employees

Poor Attendance
Is the attendance rule reasonable?
Has the employee been warned of the
consequences of poor attendance?
Are there any mitigating circumstances
that should be taken into consideration?
o Flextime for family demands

o Job redesign if there is a pattern of poor

attendance within a work unit?
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Managing Difficult Employees
Poor Performance
Does the employee need remedial training?
Employees should be given opportunity to
improve
Insubordination
Unwillingness to carry out managements
directive
Two Exceptions
o Illegal Activities
o Safety Considerations
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Managing Difficult Employees

Workplace Bullying
Form of harassment
Develop zero-tolerance policies for bullying

Alcohol and Illegal Drug Use

Often masked by poor attendance
EAPs can be part of progressive discipline

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Preventing the Need for Discipline
within HRM

Can minimize the need for discipline if

proactive in:
Recruitment and Selection
Training and Development
Human Resource Planning
Performance Appraisal
Compensation

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Summary and Conclusions
Rights
Employeestatutory, contractual, and other
Managementright to run business and earn profits
Rights of both need to be balanced
Discipline
Progressivefocus on punishment
Positivefocus on change by employee
To avoid conflict, use due and appeals
processes
Can avoid need for discipline with proactive
HRM
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