Chapter
14
Respecting Employee Rights
and Managing Discipline
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Chapter Challenges
1. Understand employee rights
2. Understand management rights
3. Become aware of employee rights
challenges: a balancing act
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Inc.
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Chapter Challenges
4. Learn practices for administering
and managing discipline
5. Develop competence for managing
difficult employees
6. Become aware of preventing the
need to discipline with human
resource management
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The Managerial
Perspective
• Developing and enforcing policies
that inform employees
• Making managers aware of
employees’ rights and managers’
obligations
• Acting as an employee advocate
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Categories of Employee
Rights
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Inc.
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Other Rights
Rights to Ethical Treatment
Psychological Contract
Limited Right to Privacy
Privacy Act of 1974
Limited Right to Free Speech
Whistle-blowing
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Management Rights
• What Are Management Rights?
• Employment-at-Will
o Public Policy Expectations
o Implied Contract
o Good Faith and Fair Dealing
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Employee Rights
Challenge:
A Balancing Act
Random drug testing
Electronic monitoring
Whistle-blowing
Moonlighting restrictions
Office romance restrictions
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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
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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
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Effective Whistle-Blowing
Policy
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Disciplining Employees
• Progressive Discipline
o Verbal warning
o Written warning
o Suspension
o Discharge
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Five Steps for Effective
Discipline Sessions
1.
2.
3.
4.
5.
Determine if discipline is necessary
Outline clear goals
Ensure two-way communication
Establish a follow-up plan
End on a positive note
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Categories of
Employee Misconduct
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Inc.
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Disciplining Employees
• Positive discipline
• Employee plays an active role
• Emphasis on change, not
punishment
• Management as counselor
• Management training
• Positive effects on bottom line
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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
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Just Cause Standard of
Discipline
Notification
Reasonable Rule
Investigation
Fair Investigation
Proof of Guilt
Absence of Discrimination
Reasonable Penalty
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Mistakes to Avoid
Administering Discipline:
• Losing your temper
• Avoiding disciplinary action entirely
• Playing therapist
• Making excuses for an employee
• Using a non-progressive approach
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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
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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
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Pearson Education, Inc.
Copyright
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