(c) 2007 by Prentice Hall14-1 Respecting Employee Rights and Managing Discipline Chapter 14

(c) 2007 by Prentice Hall 14-1

Respecting Employee Respecting Employee Rights and Rights and

Managing DisciplineManaging Discipline

Chapter 14Chapter 14


• Understand the origins and the scope of Understand the origins and the scope of employee rights and management rightsemployee rights and management rights

• Explain why the HR department must balance Explain why the HR department must balance management’s rights and employees’ rights management’s rights and employees’ rights when designing employment policieswhen designing employment policies

• Describe the employment-at-will doctrineDescribe the employment-at-will doctrine

• Distinguish between progressive discipline Distinguish between progressive discipline procedures and positive discipline proceduresprocedures and positive discipline procedures

Chapter 14 OverviewChapter 14 Overview


• Apply fair standards to a case of employee Apply fair standards to a case of employee misconduct and justify the use of the misconduct and justify the use of the disciplinediscipline

• Manage difficult people who challenge Manage difficult people who challenge their supervisors with such problems as their supervisors with such problems as poor attendance, low performance, poor attendance, low performance, insubordination, and substance abuseinsubordination, and substance abuse

• Avoid disciplinary actions by taking a Avoid disciplinary actions by taking a proactive and strategic approach to HRMproactive and strategic approach to HRM

Chapter 14 Overview Chapter 14 Overview (cont’d)(cont’d)


• Statutory rightStatutory right – A right protected by – A right protected by specific laws.specific laws.

• Contractual rightsContractual rights – A right based on the – A right based on the law of contracts.law of contracts.– Employment contractEmployment contract– Due processDue process– Wrongful dischargeWrongful discharge

Employee RightsEmployee Rights


Other RightsOther Rights

• Right to ethical Right to ethical treatmenttreatment

• Limited right to privacy: Limited right to privacy: personnel file/Privacy personnel file/Privacy Act of 1974Act of 1974

• Limited right to free Limited right to free speechspeech


Management RightsManagement Rights

• Employment-at-willEmployment-at-will– Legal limitations to employment-at-willLegal limitations to employment-at-will

1.1. Public policy expectationsPublic policy expectations

2.2. Implied contractsImplied contracts– Lack of good faith and fair dealingLack of good faith and fair dealing


Employee Rights ChallengesEmployee Rights Challenges

A Balancing ActA Balancing Act


Employee Rights ChallengesEmployee Rights Challenges

1.1. Random drug Random drug testingtesting

2.2. Electronic Electronic monitoringmonitoring

3.3. WhistleblowingWhistleblowing

4.4. Restrictions on Restrictions on office romanceoffice romance


Electronic MonitoringElectronic Monitoring


Disciplining EmployeesDisciplining Employees

• Progressive Progressive Discipline Discipline – Verbal warningVerbal warning– Written warningWritten warning– SuspensionSuspension– DischargeDischarge


Categories of Employee Categories of Employee MisconductMisconduct


Disciplining EmployeesDisciplining Employees

• Positive DisciplinePositive Discipline – A discipline – A discipline procedure that procedure that encourages encourages employees to employees to monitor their own monitor their own behaviors and behaviors and assume assume responsibility for responsibility for their actions.their actions.


Basic Standards of DisciplineBasic Standards of Discipline• Communication of rules and Communication of rules and

performance criteriaperformance criteria

• Documentation of the factsDocumentation of the facts

• Consistent response to rule violationsConsistent response to rule violations

• Hot-stove ruleHot-stove rule

Administering and Managing Administering and Managing DisciplineDiscipline


The Just Cause Standard of The Just Cause Standard of DisciplineDiscipline

• NotificationNotification• Reasonable ruleReasonable rule• Investigation before Investigation before

the discipline the discipline • Fair investigationFair investigation• Proof of guiltProof of guilt• Absence of Absence of

discriminationdiscrimination• Reasonable penaltyReasonable penalty• The right to appealThe right to appeal


Poor AttendancePoor Attendance• Is the attendance rule reasonable?Is the attendance rule reasonable?

• Has the employee been warned of the Has the employee been warned of the consequences of poor attendance?consequences of poor attendance?

• Are there any mitigating circumstances that Are there any mitigating circumstances that should be taken into consideration?should be taken into consideration?

Managing Difficult EmployeesManaging Difficult Employees


Mistakes to Avoid When Mistakes to Avoid When Administering DisciplineAdministering Discipline

1.1. Losing your Losing your tempertemper

2.2. Avoiding Avoiding disciplinary action disciplinary action entirelyentirely

3.3. Playing therapistPlaying therapist

4.4. Making excuses Making excuses for an employeefor an employee


Managing Difficult EmployeesManaging Difficult Employees

• Poor Poor performanceperformance

• InsubordinationInsubordination

• Alcohol-related Alcohol-related misconductmisconduct

• Illegal drug use Illegal drug use and abuseand abuse


• Recruitment and SelectionRecruitment and Selection

• Training and DevelopmentTraining and Development

• Human Resource PlanningHuman Resource Planning

• Performance AppraisalPerformance Appraisal

• CompensationCompensation

Preventing the Need for Preventing the Need for Discipline with HRMDiscipline with HRM


• Employment rightsEmployment rights

• Management rightsManagement rights

• Disciplining employeesDisciplining employees

• Administering and managing disciplineAdministering and managing discipline

• Managing difficult employeesManaging difficult employees

• Preventing the need for discipline Preventing the need for discipline

with HRMwith HRM

Summary and ConclusionsSummary and Conclusions

Documents

(c) 2007 by Prentice Hall14-1 Respecting Employee Rights and Managing Discipline Chapter 14