Professional Documents
Culture Documents
Management
ELEVENTH EDITION
1
GARY DESSLER
BIJU VARKKEY
Chapter
14
Ethics, Justice, and Fair Treatment
in HR Management
© 2009 Dorling Kindersley (I) Pvt. Ltd. All rights reserved. 14–2
Ethics and Fair Treatment at Work
• The Meaning of Ethics
The principles of conduct governing
an individual or a group.
The standards you use to decide
what your conduct should be.
Ethical behavior depends on a
person’s frame of reference.
• Ethical Decisions
Normative judgments
Morality
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FIGURE 14–1
The Wall Street
Journal
Workplace-
Ethics Quiz
Source: Wall Street Journal, October 21, 1999, pp. B1–B4. Reproduced with permission via Copyright Clearance Center.
© 2009 Dorling Kindersley (I) Pvt. Ltd. All rights reserved. 14–4
TABLE 14–1 Specific Observed Unethical Behaviors
Source: From 2005 National Business Ethics Survey: How Employees Perceive Ethics at Work, 2005, p. 25. Copyright © 2006, Ethics
Resource Center (ERC). Used with permission of the ERC, 1747 Pennsylvania Ave., N.W., Suite 400, Washington, DC 2006,
www.ethics.org. Reprinted in O. C. Ferrell, John Fraedrich, and Linog Ferrell, Business Ethics (Boston: Houghton Mifflin, 2008) , p. 61.
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Ethics and Fair Treatment at Work (cont’d)
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Ethics, Fair Treatment, and Justice
Components of
Organizational Justice
Interactional
Distributive Procedural
(Interpersonal)
Justice Justice
Justice
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FIGURE 14–2
Perceptions
of Fair
Interpersonal
Treatment
Scale
Individual
Factors
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FIGURE 14–3
How Do My
Ethics Rate?
Saving jobs 9 6 7 7 7 6
Other 6 8 8 9 8 9
Note: 1 is high, 9 is low.
Sources: O. C. Ferrell and John Fraedrich, Business Ethics, 3rd ed. (New York: Houghton Mifflin, 1997), p. 28; adapted from Rebecca Goodell, Ethics in American
Business: Policies, Programs, and Perceptions (1994), p. 54. Permission provided courtesy of the Ethics Resource Center, 1120 6th Street NW, Washington, DC: 20005.
© 2009 Dorling Kindersley (I) Pvt. Ltd. All rights reserved. 14–11
Employees and Ethical Dilemmas
• Questions employees should ask when faced
with ethical dilemmas:
Is the action legal?
Is it right?
Who will be affected?
Does it fit the company’s values?
How will it “feel” afterwards?
How will it look in the newspaper?
Will it reflect poorly on the company?
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What Is Organizational Culture?
• Organizational culture
The characteristic values, traditions, and behaviors a
company’s employees share.
• How is culture revealed?
Ceremonial events
Written rules and spoken commands
Office layout
Organizational structure
Dress codes
Cultural symbols and behaviors
Figureheads
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The Manager’s Role in Creating Culture
Clarify
Expectations
Provide Physical
Use Stories
Support
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Human Resource Management’s Role in
Promoting Ethics and Fair Treatment
Ethics
Selection
Training
Reward and
Performance HRM–Related
Disciplinary
Appraisal Ethics Activities Systems
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HRM-Related Ethics Activities
• Selection
Fostering the perception of fairness in the processes
of recruitment and hiring of people.
Formal procedures
Interpersonal treatment
Providing explanations
Selection tools
Two-way communication
• Training
How to recognize ethical dilemmas.
How to use ethical frameworks to resolve problems.
How to use HR functions in ethical ways.
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FIGURE 14–4
U.S. Data Trust
Web site
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HRM-Related Ethics Activities (cont’d)
• HR’s Ethics Compliance Activities
Complying with various legislations.
Requires that the CEO and the CFO of publicly traded
companies personally attest to the accuracy of their
companies’ financial statements and that its internal controls
are adequate.
Increased the need for ethics training and verification of
training.
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Building Two-Way Communications
Perceptions of fair
treatment depend on:
Expectation
Engagement Explanation
Clarity
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Employee Discipline and Privacy
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Guidelines for Fair Discipline
• Does evidence support the charge of employee wrongdoing?
• Were the employee’s due process rights protected?
• Was the employee warned of disciplinary consequences?
• Was a rule violated and was it “reasonably related” to the efficient
and safe operation of the work environment?
• Was the matter fairly and adequately investigated before
administering discipline?
• Did the investigation produce substantial evidence of misconduct?
• Have rules, orders, or penalties been applied evenhandedly?
• Is the penalty reasonably related to the misconduct and to the
employee’s past work history?
• Did the employee have the right to counsel?
• Did anger, hearsay, or personal impression affect the decision?
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FIGURE 14–6
Disciplinary
Action Form
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FIGURE 14–7
Grievance
Form as Part
of Appeal
Process
Source:
http://www.wfu.edu/hr/forms/
staff-grievance.pdf.
Accessed May 24, 2007.
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Discipline Without Punishment
(Nonpunitive Discipline)
1. Issue an oral reminder.
2. Should another incident arise within six weeks, issue a
formal written reminder, a copy of which is placed in
the employee’s personnel file.
3. Give a paid, one-day “decision-making leave.”
4. If no further incidents occur in the next year, then
purge the one-day paid suspension from the person’s
file. If the behavior is repeated, the next step is
dismissal.
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Employee Privacy
• Employee privacy violations upheld by courts:
Intrusion
Publication of private matters
Disclosure of medical records
Appropriation of an employee’s name or likeness
• Actions triggering privacy violations:
Background checks
Monitoring off-duty conduct and lifestyle
Drug testing
Workplace searches
Monitoring of workplace
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Employee Privacy (cont’d)
• What Is Monitored:
Identity
Location
E-mail activity and Internet use
Telephone calls
• Why Employers Monitor:
To guard against liability for illegal acts and
harassment suits caused by employee misuse.
To improve productivity.
To detect leaks of confidential information.
To protect against computer viruses.
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Restrictions on Workplace Monitoring
• The Electronic Communications
Privacy Act (ECPA)
Restricts employer interception and
monitoring of oral and wire
communications.
“business purpose exception”
“consent exception”
• Common law
Provides protections against
invasion of privacy.
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FIGURE 14–8 Sample Telephone Monitoring Acknowledgement Statement
Source: Reprinted with permission from Bulletin to Management (BNA Policy and Practice
Series) 48, no. 14, Part II, (April 3, 1997), p. 7. © 1997 by The Bureau of National Affairs, Inc.
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Managing Dismissals
• Dismissal
Involuntary termination of an employee’s
employment with the firm.
• Terminate-at-Will Rule
Without a contract, the employee can resign for any
reason, at will, and the employer can similarly
dismiss the employee for any reason (or no reason),
at will.
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Managing Dismissals (cont’d)
Protections Against
Wrongful Discharge
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Grounds for Dismissal
Unsatisfactory Performance
Misconduct
Bases for
Dismissal
Lack of Qualifications
Changed Requirements of
(or Elimination of) the Job
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Insubordination
1. Direct disregard of the boss’s authority.
2. Direct disobedience of, or refusal to obey, the boss’s
orders, particularly in front of others.
3. Deliberate defiance of clearly stated company policies,
rules, regulations, and procedures.
4. Public criticism of the boss.
5. Blatant disregard of reasonable instructions.
6. Contemptuous display of disrespect.
7. Disregard for the chain of command.
8. Participation in (or leadership of) an effort to
undermine and remove the boss from power.
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Managing Dismissals (cont’d)
• Fostering Perceptions of Fairness in Dismissals
Have a supervising manager give full explanations
of why and how termination decisions were made.
Institute a formal multi-step procedure (including
warning).
Establish a neutral appeal process.
• Security Measures
Disable employee passwords and network access.
Collect all company property and keys.
Escort employee from company property.
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FIGURE 14–9 Typical Severance Pay
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FIGURE 14–10
TJP Inc. Employee
Handbook
Acknowledgment
Form
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Personal Supervisory Liability
• Avoiding Personal Supervisory Liability
Be familiar with applicable statutes and know how
to uphold their requirements.
Follow company policies and procedures.
Be consistent with application of rules or regulations.
Don’t administer discipline in a manner that adds
to the emotional hardship on the employee.
Allow employees to tell their side of the story.
Do not act in anger.
Utilize the HR department for advice regarding how
to handle difficult disciplinary matters.
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The Termination Interview
4 Listen.
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Termination Assistance
• Outplacement Counseling
A systematic process by which a terminated
employee is trained and counseled in the techniques
of conducting a self-appraisal and securing a new
job appropriate to his or her needs and talents.
Does not imply that the employer takes
responsibility for placing the person in a new job.
Is part of the terminated employee’s support or
severance package and is often done by
specialized outside firms.
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Termination Assistance (cont’d)
• Outplacement Firms
Can help the employer devise its dismissal plan
regarding:
How to break the news to dismissed employees.
Dealing with dismissed employees’ emotional
reactions.
Instituting the appropriate severance pay and
equal opportunity employment plans.
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Interviewing Departing Employees
• Exit Interview
Its aim is to elicit information about the job or related
matters that might give the employer a better insight
into what is right—or wrong—about the company.
The assumption is that because the employee is
leaving, he or she will be candid.
The quality of information gained from exit
interviews is questionable.
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FIGURE 14–11
Employee Exit
Interview
Questionnaire
Source: http://www.fin.ucar.edu/forms/HR/
exit_form/exit.pdf. Accessed May 24,
2007.
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FIGURE 14–11
Employee Exit
Interview
Questionnaire
(cont’d)
Source: http://www.fin.ucar.edu/forms/HR/
exit_form/exit.pdf. Accessed May 24,
2007.
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Lockouts, Layoffs, Retrenchments and Closures
Industrial Disputes Act, 1947 regulates lockouts, layoffs,
retrenchments and closures in India.
Lockout
• Lockout is the closing of a place of employment or suspension of
work or refusal by an employer to give work (Section 2 (I)).
Layoffs
• Layoffs are the failure, refusal or inability of an employer to give
employment to those whose name appear on the employment roll
of the establishment. Laid-off employees are entitled to
compensation.
Retrenchment
• Establishments are allowed to retrench employees by giving one
month’s notice and by paying compensation at the rate of 15 days’
salary for each completed year of service.
Closure
• Establishments employing more than 100 workmen are allowed
closure only after obtaining prior permission of the government
(Section 25FFA).
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The Plant Closing Law
• Worker Adjustment and Retraining Notification
Act, (1989)
Requires employers of 100 or more employees to
give 60 days notice before closing a facility or
starting a layoff of 50 people or more.
The law does not prevent the employer from closing
down, nor does it require saving jobs.
The law is intended to give employees time to seek
other work or retrain by giving them advance notice
of the shutdown.
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Layoffs and Downsizing
• Bumping/Layoff Procedures
Seniority is usually the determinant of who will work.
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Layoffs and Downsizing
• Alternatives to Downsizing
Voluntarily reducing employees’ pay.
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Adjusting to Downsizings and Mergers
• Reduction in Force Guidelines
Identify objectives and constraints.
Form a downsizing team.
Address legal issues.
Plan post-reduction actions.
Address security concerns.
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Adjusting to Downsizings and Mergers
(cont’d)
• Guidelines for treatment of departing
employees during a merger:
Avoid the appearance of power and domination.
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KEY TERMS
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