Chapter 14 Respecting Employee Rights and Managing Discipline Copyright © 2016 Pearson Education, Inc 14-1 Chapter Challenges Understand employee rights Understand management rights Become aware of employee rights challenges: a balancing act Copyright © 2016 Pearson Education, Inc 14-2 Chapter Challenges Learn practices for administering and managing discipline Develop competence for managing difficult employees Become aware of preventing the need to discipline with human resource management Copyright © 2016 Pearson Education, Inc 14-3 The Managerial Perspective • Developing and enforcing policies that inform employees • Making managers aware of employees’ rights and managers’ obligations • Acting as an employee advocate Copyright © 2016 Pearson Education, Inc 14-4 Categories of Employee Rights Copyright © 2016 Pearson Education, Inc 14-5 Other Rights Rights to Ethical Treatment Psychological Contract Limited Right to Privacy Privacy Act of 1974 Limited Right to Free Speech Whistle-blowing Copyright © 2016 Pearson Education, Inc 14-6 Management Rights • What Are Management Rights? • Employment-at-Will o Public Policy Expectations o Implied Contract o Good Faith and Fair Dealing Copyright © 2016 Pearson Education, Inc 14-7 Employee Rights Challenge: A Balancing Act Random drug testing Electronic monitoring Whistle-blowing Moonlighting restrictions Office romance restrictions Copyright © 2016 Pearson Education, Inc 14-8 Employee Rights Challenges • Random drug testing o Probable cause o False positives o Security o Alternative testing • Electronic monitoring o Employee theft o Invasion perception o Employee awareness Copyright © 2016 Pearson Education, Inc 14-9 Employee Rights Challenges • Whistle-Blowing o Retaliation o Internal procedures o Top-management support • Moonlighting Restrictions • Office Romance Restrictions o Policies o Supervisor/subordinate relationships Copyright © 2016 Pearson Education, Inc 14-10 Effective Whistle-Blowing Policy Copyright © 2016 Pearson Education, Inc 14-11 Disciplining Employees • Progressive Discipline o Verbal warning o Written warning o Suspension o Discharge Copyright © 2016 Pearson Education, Inc 14-12 Five Steps for Effective Discipline Sessions Determine if discipline is necessary Outline clear goals Ensure two-way communication Establish a follow-up plan End on a positive note Copyright © 2016 Pearson Education, Inc 14-13 Categories of Employee Misconduct Copyright © 2016 Pearson Education, Inc 14-14 Disciplining Employees • Positive discipline • Employee plays an active role • Emphasis on change, not punishment • Management as counselor • Management training • Positive effects on bottom line Copyright © 2016 Pearson Education, Inc 14-15 Administering and Managing Discipline Basic Standards of Discipline o Communication of rules and performance criteria o Documentation of facts o Consistent response to rule violations Copyright © 2016 Pearson Education, Inc 14-16 Just Cause Standard of Discipline Notification Reasonable Rule Investigation Fair Investigation Proof of Guilt Absence of Discrimination Reasonable Penalty Copyright © 2016 Pearson Education, Inc 14-17 Mistakes to Avoid Administering Discipline: • Losing your temper • Avoiding disciplinary action entirely • Playing therapist • Making excuses for an employee • Using a non-progressive approach Copyright © 2016 Pearson Education, Inc 14-18 Managing Difficult Employees • • • • • • • Poor Attendance Poor Performance Insubordination Workplace Bullying Alcohol-Related Misconduct Illegal Drug Use and Abuse Preventing the Need for Discipline with HRM Copyright © 2016 Pearson Education, Inc 14-19 Summary and Conclusions • Employee Rights • Management Rights • Employee Rights Challenges: A Balancing Act • Disciplining Employees • Administering and Managing Discipline • Managing Difficult Employees • Preventing the Need to Discipline with Human Resource Management Copyright © 2016 Pearson Education, Inc 14-20 Pearson Education, Inc Copyright Copyright © 2016 Pearson Education, Inc 14-21 ... Need to Discipline with Human Resource Management Copyright © 2016 Pearson Education, Inc 14- 20 Pearson Education, Inc Copyright Copyright © 2016 Pearson Education, Inc 14- 21 ... employees Become aware of preventing the need to discipline with human resource management Copyright © 2016 Pearson Education, Inc 14- 3 The Managerial Perspective • Developing and enforcing policies... plan End on a positive note Copyright © 2016 Pearson Education, Inc 14- 13 Categories of Employee Misconduct Copyright © 2016 Pearson Education, Inc 14- 14 Disciplining Employees • Positive discipline