Principles of Human Resource Management 16 e Bohlander - Snell

Discipline and
Employee Rights
Principles of Human Resource

Management
16 e
Bohlander | Snell
1–1
© 2013
2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
Employee Rights and Privacy
• Employee Employment Rights or Employee

Rights
 Various federal and state laws in protection of
employment status guarantee fair treatment of
employees by employers.
 As employee rights continue to develop, employers
will be required to assume greater responsibilities to
employee by providing a safe and efficient workplace
while providing safe and quality goods and services to
consumers.
 Guarantees of fair treatment from employers,
particularly regarding an employee’s right and privacy.
©©
2010 South-Western, a part of Cengage Learning. All rights reserved. 13–2
© 2013 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as
2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted
in a licensein
permitted distributed
a licensewith a certain product
distributed or service
with a certain or otherwise
product on a password-protected
or service or otherwise on a website for classroom use.
password-protected website for classroom use.
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Objectives of Discipline Action
• Employee Employments Rights

 To establish equitable set of guidelines and
procedures for the administration and resolution of
misconduct for all employees.
 To establish relevant disciplinary procedure.
 To encourage, promote and regulate discipline in the
organization.
 To signal to employees the level of expectation and
standards of performance and behavior.
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• Job protection rights:

 No guarantee that jobs are property rights of
employees.
 However, employees have right to expect sound
employment practices (fair and equitable) from
employers.
 Several legal considerations need to be observed
regarding job protection rights/security of one’s job.
 Psychological contract
– Is the expectation of a fair exchange of employment
obligations between an employee and employer
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• Employer Responsibilities
 Failure to honor employee rights
– costly lawsuits, damage organization’s reputation and hurt morale.
 Negligence
– Is the failure to use a reasonable amount of care when such failure
results in injury to another person.
– Negligent hiring
• Is a legal doctrine that places liability (duty of care) on the employer for
actions of its employees during the course and scope of their
employment.
 Providing a safe workplace.
 Guaranteeing safe, quality goods and services to consumers.
 Reasonable care in the hiring, training and assignment of employees
to job.
 When employee rights and employer responsibilities clash, conflict
can arise.
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Employee Rights and Privacy (cont.)
• Employment-at-Will Principle
 The right of an employer to fire an employee without
giving a reason and the right of an employee to quit
when he or she chooses.
• Limitations on Employment-at-Will
 Union collective bargaining agreements
 Federal and state laws, court decisions, and
administrative rulings
 “Fear of firing”
©
© 2012
2013Cengage
CengageLearning. All Rights
Learning. Reserved.
All Rights May not
Reserved. Maybe copied,
not be scanned, or duplicated,
copied, scanned, in whole or ininpart,
or duplicated, wholeexcept
or inforpart,
use except
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Wrongful Discharge: Exceptions to the
Employment-at-Will Doctrine
• Violations of Public Policy

 Wrongful discharge of an employee by an employer
for refusal commit an act that to violates the law.
• Implied Contract
 Wrongful discharge contrary to an employer’s oral
or written promises of continued employment.
• Implied Covenant
 Wrongful discharge for a lack of fair dealing on part
of employer.
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Implied Contract
• An implied contract is when a promise by the

employer suggests some form of job security
to the employee.
• Implied contractual rights can be based on
either oral or written statements made during
the pre- employment process or subsequent
to hiring.
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or inforpart,
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Implied Contract (cont.)
• Following are some examples of how an implied

contract may become binding:
 Telling employees their jobs are secure as long as
they perform satisfactorily and are loyal to the
organization
 Stating in the employee handbook that employees will
not be terminated without the right of defense or
access to an appeal procedure
 Urging an employee to leave another organization by
promising higher wages and benefits, then reneging
on those promises after the person has been hired
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2013Cengage
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or inforpart,
use except
as permitted
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Privacy Rights
Employee
EmployeePrivacy
Privacy versus
versusEmployer
Employer Obligations
Obligations
•• Substance
SubstanceAbuse
Abuseand
andDrug
DrugTesting
Testing
•• Searches
Searchesand
andMonitoring
Monitoring
•• Access
Accessto
toPersonnel
PersonnelFiles
Files
•• E-mail
E-mailand
andVoice
VoiceMail
Mail
•• Conduct
ConductOutside
Outsidethe
theWorkplace
Workplace
•• Genetic
GeneticTesting
Testing
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Substance Abuse and Drug Testing
• Safety-Sensitive Jobs
 Employees must submit to a drug test when “reasonable
suspicion” for a drug test exists and the employer’s testing
procedures are also reasonable.
• Drug-Free Workplace Act (1988) requires
employers to:
 Issue a policy statement prohibiting drug usage.
 Inform employees about the dangers of drugs.
 List options available for drug counseling.
 Notify the federal contracting agency of employees
convicted of drug-related criminal offenses.
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Electronic Surveillance
• Camera Surveillance
 Few federal laws protect workers from being watched
• Phone Conversations and Text Communications
 In general, employers have the right to monitor calls
and text messages sent from their telecommunications
devices, provided they do so for compelling business
reasons and employees have been informed that their
communications will be monitored.
• E-Mail, Internet, and Computer Use
 Employers can monitor what employees do online and
fire or discipline them based on that information
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Access to Personnel Files
• Employees generally have:

 The right to know of the existence of one’s personnel file
 The right to inspect one’s own personnel file
 The right to correct inaccurate data in the file
• Employers can:
 Restrict access to information that could violate the
privacy of others
 Limit the employee to copies of documents that he or
she has signed
 Require that HR personnel, or a supervisor, be present
while the employee views the documents
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Off-Duty Conduct and Speech
• Off-Duty Employee Conduct

 Organizations that discipline employees for off-duty
misconduct must establish a clear relationship between the
misconduct and its negative effect on other employees or
the organization.
• Off-Duty Employee Speech
 Some organizations have social networking and blogging
policies that restrict employees from making disparaging
remarks about their firms or its supervisors, or otherwise
casting their organizations in a bad light.
• Workplace Romances
 Supervisor – subordinate relationships are of
particular concern
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Discipline: Definition
• Organization Discipline Policies

 The HR department is responsible for the
development of the organization’s disciplinary policy.
 It is also responsible for ensuring that the policy is
administered in a fair and consistent manner
throughout the organization.
• Definition Of Discipline
 Training that molds & strengthens desirable conduct-or
corrects undesirable conduct-& develops self-control.
 Treatment that punishes.
 Orderly behavior in an organizational setting.
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Types and examples of Misconduct
Minor Misconduct Major Misconduct

• Inefficiency. • Willful infringement of company
• Late coming to work. rules and regulations.
• Disclosure/release and
• Misuse of company equipment.
publications of confidential
• Going out to attend personal information.
matters without informing • Fighting with other employees.
supervisor. • Absent without leave /
• Loitering, talking while manning reasonable excuse.
machines. • Habitual late coming to work.
• Not wearing safety equipment.
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Causes of Misconduct
• Lack of knowledge about jobs.

• Emotional problems.
• Motivational problems.
• Physical problems.
• Family problem.
• Interpersonal problems.
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Discipline and

Principles of Human Resource

• Employee Employment Rights or Employee

• Employee Employments Rights

• Job protection rights:

• Violations of Public Policy

• An implied contract is when a promise by the

• Following are some examples of how an implied

• Employees generally have:

• Off-Duty Employee Conduct

• Organization Discipline Policies

Minor Misconduct Major Misconduct

• Lack of knowledge about jobs.

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