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UH TELS 3345 - Chapter13

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1PowerPoint Presentation by Charlie CookPowerPoint Presentation by Charlie CookThe University of West AlabamaThe University of West AlabamaManaging Human ResourcesManaging Human ResourcesBohlander Bohlander •• SnellSnell1414ththeditionedition© 2007 Thomson/South© 2007 Thomson/South--Western.Western.All rights reserved.All rights reserved.Employee RightsEmployee Rightsand Disciplineand Discipline© 2007 Thomson/South-Western. All rights reserved. 13–2ObjectivesAfter studying this chapter, you should be able to:1. Explain the concepts of employee rights and employer responsibilities.2. Explain the concepts of employment at will, wrongful discharge, implied contract, and constructive discharge.3. Identify and explain the privacy rights of employees.4. Explain the process of establishing disciplinary policies, including the proper implementation of organizational rules.© 2007 Thomson/South-Western. All rights reserved. 13–3Objectives (cont’d)After studying this chapter, you should be able to:5. Discuss the meaning of discipline and how to investigate a disciplinary problem.6. Differentiate between the two approaches to disciplinary action.7. Identify the different types of alternative dispute resolution procedures.8. Discuss the role of ethics in the management of human resources.© 2007 Thomson/South-Western. All rights reserved. 13–4Employee Rights and Privacy• Employee Rights Guarantees of fair treatment from employers, particularly regarding an employee’s right to privacy. Psychological contract—expectations of a fair exchange of employment obligations between an employee and employer• Employer Responsibilities Negligent hiring—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.© 2007 Thomson/South-Western. All rights reserved. 13–5Employee Rights and Privacy• 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. In 1908, the Supreme Court upheld the employment-at-will doctrine in Adair v United States, and this principle continues to be the basic rule governing the private-sector employment relationship.© 2007 Thomson/South-Western. All rights reserved. 13–6Highlights in HRM 1 Examples of Employment-at-Will StatementsI acknowledge that if hired, I will be an at-will employee. I will be subject to dismissal or discipline without notice or cause, at the discretion of the employer. I understand that no representative of the company, other than the president, has authority to change the terms of an at-will employment and that any such change can occur only in a written employment contract.I understand that my employment is not governed by any written or oral contract and is considered an at-will arrangement. This means that I am free, as is the company, to terminate the employment relationship at any time for any reason, so long as there is no violation of applicable federal or state law. In the event of employment, I understand that my employment is not for any definite period or succession of periods and is considered an at-will arrangement. That means I am free to terminate my employment at any time for any reason, as is the company, so long as there is no violation of applicable federal or state law.2© 2007 Thomson/South-Western. All rights reserved. 13–7Wrongful 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.© 2007 Thomson/South-Western. All rights reserved. 13–8Figure 13Figure 13––1 1 Discharges That Violate Public PolicyDischarges That Violate Public PolicyAn employer may not terminate an employee for• Refusing to commit perjury in court on the employer’s behalf• Cooperating with a government agency in the investigation of a charge or giving testimony• Refusing to violate a professional code of conduct• Reporting Occupational Safety and Health Administration (OSHA) infractions• Refusing to support a law or a political candidate favored by the employer• “Whistle-blowing,” or reporting illegal conduct by the employer• Informing a customer that the employer has stolen property from the customer• Complying with summons to jury duty© 2007 Thomson/South-Western. All rights reserved. 13–9Figure 13Figure 13––2 2 Tips to Avoid Wrongful Employment Termination LawsuitsTips to Avoid Wrongful Employment Termination Lawsuits• Terminate an employee only if there is an articulated reason.• Set and follow termination rules and schedules.• Document all performance problems.• Be consistent with employees in similar situations.© 2007 Thomson/South-Western. All rights reserved. 13–10Illegal Employee Dismissals• Constructive Discharge An employee voluntarily terminates his or her employment because of harsh, unreasonable employment conditions placed on the individual by the employer. Employers cannot accomplish covertly what they are prohibited by law from achieving overtly. Courts have generally adopted a “reasonable person” standard for upholding constructive discharge claims.© 2007 Thomson/South-Western. All rights reserved. 13–11Illegal Employee Dismissals (cont’d)• Retaliation Discharge Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other employment laws prohibit employers from retaliating against employees when they exercise their rights under these statutes. Proper handling of these employees involves: Taking no adverse employment action against employees when they file discrimination charges.  Treating the employees consistently and objectively.  Harboring no animosity toward the employees when they file discrimination lawsuits.© 2007 Thomson/South-Western. All rights reserved. 13–12Plant Closing Notification• Workers’ Adjustment Retraining and Notification Act (WARN)-1989 Requires organizations with more than 100 employees to give employees and their communities sixty days’ notice of any closure or layoff affecting fifty or


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