Chapter 4 Employee Rights and HR Communications

Fundamentals of Human Resource Management 8e, DeCenzo and Robbins

Chapter 4Employee Rights and HR Communications

Fundamentals of Human Resource ManagementEighth Edition

DeCenzo and Robbins


Introduction

• Employee rights have become one of the more important human resource issues.

• The U.S. Constitution, laws, and Supreme Court rulings have increasingly constrained employer actions related to employee rights.


Employment Rights Legislation and Its HRM Implications

• Privacy Act of 1974 – Requires government agencies to make available

to employees information contained in their personnel files.

– Employees may also have the right to review letters of recommendation made on their behalf.

– Similar state laws apply to state and private-sector employees.

– Restrictions include employee waivers of right to review and procedures which stipulate when and how a file can be accessed.



• Privacy Act of 1974– Computerized information systems add

more complexities and potential flexibility to employee records.

– The Fair Credit Reporting Act of 1971• Extension to the Privacy Act• Requires employers to notify employees that

their credit is being checked• Provide additional information to applicants

who are negatively affected by a credit check. • Information used must be job relevant.



• The Drug-Free Workplace Act of 1988 – requires government agencies, federal

contractors, and those receiving federal funds of $25,000 or more to actively pursue a drug-free environment.

– Covered organizations• must establish and disseminate policies• provide substance-abuse awareness programs



• The Drug-Free Workplace Act of 1988 – Companies regulated by the

Department of Transportation and Nuclear Regulatory Commission must test employees in certain jobs for drugs.



• Drug-free policies must include:– What is expected of employees– Penalties for infractions of policies– Substance abuse awareness programs– Disseminated to all employees



• Polygraph Protection Act of 1988 – Prohibits employers in the private

sector from using lie-detector tests in all employment decisions.

– May still be used during investigations of suspected criminal activity

– Employees can challenge the results of a polygraph.



• Worker Adjustment and Retraining Notification Act of 1988 – Plant Closing Bill– Protects employees from unexpected plant

closings. • The law does recognize circumstances in

which advance notice is impossible.



• Worker Adjustment and Retraining Notification Act of 1988 – Organizations employing 100 or more

individuals– 60 days notice in advance– Close the facility or lay off 50 or more

workers• Penalty

– One day’s pay and benefits for each day’s notice


Current Issues Regarding Employee Rights

• Drug Testing – The severity of substance abuse in

organizations has led to use of drug testing even by organizations not covered by the Drug-Free Workplace Act.

– Drug testing of current employees typically:• Offers rehabilitation to those who fail• Communicates that drugs will not be tolerated



• Drug Testing – Should be done after a job offer is made.– Those who fail are generally no longer

considered. – Companies are

• Moving to more precise tests by using ones that do not involve body fluids

• Communicating clear policies and procedures• Relating the testing program to safety and job

performance.



• Honesty Tests – Written tests to get applicants to

reveal information about their integrity.

– Legal alternative to polygraph– Used to predict theft and drug use– Multiple questions on the same topic

to assess consistency of responses. – Should not be used as the sole

criterion for a hiring decision.



• Whistle-blowing – occurs when an employee reports his/her

employer to an outside agency over what the employee believes is an illegal or unethical practice.

– Sarbanes-Oxley Act protects employees from retaliation for reporting company wrongdoing.

– Laws protecting whistle-blowers vary by state. – Many firms have voluntarily adopted policies to

protect employees who identify problems.



• Employee Monitoring and Workplace Security – Interests are protected against

• Theft• Revealing of trade secrets to competitors• Using the customer database for personal gain



• Employee Monitoring and Workplace Security – Must balance these security

needs with employee rights. – Develop and communicate

policies for monitoring• computer• e-mail• telephone



• Workplace Romance – Some companies try to prevent

relationships between employees because of potential discrimination or sexual harassment issues

– Others view romance as having a positive effect.

– Many companies have issued policies and guidelines on how relationships at work may exist.


The Employment-at-Will Doctrine

• The doctrine, based on common law, allows employers to dismiss employees at any time for any reason.

• Has been modified to prohibit termination based on race, religion, sex, national origin, age, or disability.



• Exceptions to the Doctrine:– Contractual relationship: A legal

agreement exists defining how employee issues are handled.

– Statutory considerations: Federal and/or state laws can create exceptions

– Public policy violation: Employees cannot be fired for disobeying an illegal order from the employer



• Exceptions to the Doctrine: – Implied employment contract: verbal or

written statements made by members of the organization, such as promises of job security or statements in an employee handbook.

– Breach of good faith: An employer breaches a promise or abuses its managerial powers.


Discipline and Employee Rights

• Discipline– A condition where employees conduct

themselves in accordance with the organization’s rules and standards of acceptable behavior.



• Factors to consider when disciplining – Seriousness of the problem – Duration of the problem – Frequency and nature of the problem – Extenuating factors – Degree of socialization – History of organization’s discipline

practices – Management backing



• The most frequent violations requiring disciplinary action involve– Attendance– On-the-job behaviors– Dishonesty – Outside activities



• Disciplinary Guidelines – Make disciplinary action corrective rather

than punitive. – Make disciplinary action progressive; i.e.

verbal warning, written warning, suspension, dismissal.



• Disciplinary Guidelines – Follow the Hot-stove rule; i.e. immediate

response; ample warning; consistency; impersonal.

– Allow employees to have a representative present for disciplinary meetings.



• Disciplinary Actions – Written verbal warning– Written warning– Suspension– Dismissal


Employee Counseling

• This approach is most appropriate when a performance problem is not amenable to training and development or mentoring and coaching.


Employee Counseling

• Listen to the employee to uncover the reason for poor performance.

• Focus on performance-related behaviors

• Get the employee to accept the problem, and work to find solutions.

• Managers are not expected to solve employee’s personal problems

• Employee Assistance Program


Using Employee Communications to Enhance Employee Rights

• Why Use an Employee Handbook? – Helps employees learn about the company– Provides central information source

concerning policies, work rules and benefits.

– Helps ensure that HRM policies will be fair, equitable, and consistently applied.



• Why Use an Employee Handbook? – Creates sense of security and

commitment– Can be used to provide information

to recruits.– Caution: Use disclaimer to avoid

handbook being interpreted as implied contract.

– Must be seen as useful, concise, well-organized and must be continually updated.



• Using Information Technology for Employee Communications – Provides greater flexibility and

timeliness of information. – Networked communication - e-mail,

instant messaging, voice intranets and extranets, and the talking Internet.

– Wireless communications - microwave signals, satellites, radio waves and radio antennas, and infrared light rays



• Complaint Procedures – Step 1: Employee-supervisor– Step 2: Employee-employer relations– Step 3: Employee-department head– Step 4: Employee-president



• Why Companies Support Suggestion Programs – Allow employees to tell management what

they perceive they are doing right or wrong – Connected to other management systems,

such as continuous improvement processes

– Suggestions must be acknowledged and employees recognized for their efforts

Chapter 4 Employee Rights and HR Communications

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Transcript of Chapter 4 Employee Rights and HR Communications