CHAPTER 14Chapter ObjectivesEmployee RightsSlide 4Management Rights Employment-at-WillSlide 6Slide 7Slide 8Employee Rights Challenges A Balancing ActSlide 10Slide 11Slide 12Slide 13Sample Monitoring Acknowledgement StatementDisciplining EmployeesCategories of Employee MisconductDisciplining Employees Positive DisciplineDisciplining Employees Positive DisciplineAdministering and Managing DisciplineMistakes to Avoid When Administering DisciplineJust Cause Standard of DisciplineThe Just Cause Standard of DisciplineGrounds for DismissalManaging Difficult Employees Poor AttendanceManaging Difficult Employees InsubordinationAvoiding Wrongful Discharge SuitsSlide 27Steps in Avoiding Wrongful Discharge SuitsTop Ten Reasons Your Employees SueTop Ten Reasons Your Employees SueSlide 31Slide 32Slide 33Slide 34Slide 35Slide 36Slide 37Slide 38Preventing the Need for Discipline with HRMSlide 4014-1CHAPTER 14CHAPTER 14Respecting Employee Rights and Respecting Employee Rights and Managing DisciplineManaging Discipline14-2Chapter ObjectivesChapter ObjectivesUnderstand the origins and Understand the origins and the scope of employee rights the scope of employee rights and management rightsand management rightsExplain why the HR Explain why the HR department must balance department must balance management’s rights and management’s rights and employees’ rights when employees’ rights when designing employment designing employment policiespoliciesDescribe the employment-at-Describe the employment-at-will doctrinewill doctrineDistinguish between Distinguish between progressive discipline progressive discipline procedures and positive procedures and positive discipline proceduresdiscipline proceduresReview Key TermsContractual rights Employment-at-willInsubordinationPositive Discipline Progressive Discipline Statutory rightsWhistle-blowing Wrongful Discharge14-3Employee RightsEmployee RightsStatutory rightsStatutory rightsA right protected by specific laws.A right protected by specific laws.Protection from discriminationProtection from discriminationSafe Working Conditions Safe Working Conditions Right to Form UnionsRight to Form UnionsContractual rights Contractual rights A right based on the law of contracts.A right based on the law of contracts.Employment contractEmployment contractDue processDue processWrongful dischargeWrongful discharge14-4Employee RightsEmployee RightsRight to ethical treatmentRight to ethical treatmentLimited right to privacy: personnel file/Privacy Limited right to privacy: personnel file/Privacy Act of 1974Act of 1974Limited right to free speechLimited right to free speech14-5Management Rights Management Rights Employment-at-WillEmployment-at-WillEmployment-at-willEmployment-at-willWithout a contract, the employee can resign for any reason, at will, and the employer can similarly dismiss the employee for any reason (or no reason), at will. Generally, employees who do not have contracts Generally, employees who do not have contracts guaranteeing employment for a specific period of time guaranteeing employment for a specific period of time (such as one year) are considered to be at-will (such as one year) are considered to be at-will employees. Under the at-will doctrine, employers employees. Under the at-will doctrine, employers have the right to terminate employees without these have the right to terminate employees without these types of contracts at any time and for any legally types of contracts at any time and for any legally permissible reasonpermissible reason14-6Management Rights Management Rights Employment-at-WillEmployment-at-WillHowever at-will statement does not really give employers free reign to terminate employees for no reason. Every state except Montana recognizes the at-will employment relationship either by court decision or by statute, most also restrict it in some way. Courts in a majority of states have limited its application by allowing the at-will relationship to be restricted under several legal theories.Many employees are specially protected under federal or state discrimination laws, which must be complied with regardless of at-will status. Bottom Line - Don’t Terminate for “No Reason”14-7Management Rights Management Rights Employment-at-WillEmployment-at-WillLimitations to employment-at-willPublic policy exception (43 states)Discharge is wrongful when it was against an explicit, well-established public policy: employee fired for refusing to break the law.(Not applied in New York, Maine, Florida, Alabama, Georgia, Nebraska or Rhode Island) Implied contract exception (37 states)Employer statements about future employment create a contractual obligation for the employer to continue to employ the employee.(Not valid in Florida, Delaware, Georgia, Indiana, Louisiana, Massachusetts, Missouri, Montana, North Carolina, Pennsylvania, Rhode Island, Texas, or Virginia) Covenant of good faith exception (11 states)Suggests that employers should not fire employees without good cause(Valid in Wyoming, Utah, Nevada, Montana, Massachusetts, Idaho, Delaware, California, Alabama, Alaska Arizona)14-8Management Rights Management Rights Employment-at-WillEmployment-at-WillWhat the At-Will Statement Should Include(Most courts will find an at-will relationship if the following criteria are met)The at-will statement is written in clear, understandable language, not legalese. It thoroughly explains what the at-will relationship means. It clearly states that no company representative may change the at-will relationship through oral or written promises. It explains that the organization’s policies and practices are not intended to create a contract. It is prominently displayed, such as in bold type, a separate introductory policy, or set apart in other policies. It is repeated where appropriate in other policies, particularly those outlining work rules and disciplinary procedures. It is included in other employment documents, such as application forms and offer letters.Defend Your Policies, Not Your Method of Termination14-9Employee Rights ChallengesEmployee Rights ChallengesA Balancing ActA Balancing ActRandom Drug Testing Companies that use drug tests must address several challenges such as establishing a policy, what to do with false positives, how to ensure security over urine