CHAPTER 17 EMPLOYEE RIGHTS AND DISCIPLINE Chapter 17

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CHAPTER 17 EMPLOYEE RIGHTS AND DISCIPLINE

CHAPTER 17 EMPLOYEE RIGHTS AND DISCIPLINE

Chapter 17 n EMPLOYEE RIGHTS AND DISCIPLINE Objectives · · · · Explain the

Chapter 17 n EMPLOYEE RIGHTS AND DISCIPLINE Objectives · · · · Explain the difference between statutory rights and contractual rights Define employment-at-will and identify three exceptions to it Describe what due process is and explain some means of alternative dispute resolution Identify employee rights concerns associated with access to employee records and free speech Discuss issues associated with workplace monitoring, surveillance, investigations, and drug testing List elements to consider when developing an employee handbook Differentiate between the positive approach and progressive approach to discipline Human Resource Management, 9 E Mathis and Jackson © 2000 South-Western College Publishing 17 -2

Chapter 17 EMPLOYEE RIGHTS AND DISCIPLINE n Employee Rights and Responsibilities · Statutory rights

Chapter 17 EMPLOYEE RIGHTS AND DISCIPLINE n Employee Rights and Responsibilities · Statutory rights · Contracted rights · Employee contracts · Non-piracy agreements · Implied contracts · Rights and employee-employer relations Human Resource Management, 9 E Mathis and Jackson © 2000 South-Western College Publishing 17 -3

Chapter 17 n EMPLOYEE RIGHTS AND DISCIPLINE Rights Affecting the Employment Relationship · Employment-at-will

Chapter 17 n EMPLOYEE RIGHTS AND DISCIPLINE Rights Affecting the Employment Relationship · Employment-at-will (EAW) · EAW and the courts · Wrongful charge · · Just cause Nature of due process · Distributive and procedural justice · Unionized employees · Nonunion complaint process · Due process and alternative dispute resolutions · Arbitration · Peer review panels · Organizational ombudsman Human Resource Management, 9 E Mathis and Jackson © 2000 South-Western College Publishing 17 -4

Chapter 17 EMPLOYEE RIGHTS AND DISCIPLINE Human Resource Management, 9 E Mathis and Jackson

Chapter 17 EMPLOYEE RIGHTS AND DISCIPLINE Human Resource Management, 9 E Mathis and Jackson © 2000 South-Western College Publishing 17 -5

Chapter 17 n EMPLOYEE RIGHTS AND DISCIPLINE Employer Security Concerns and Employee Rights ·

Chapter 17 n EMPLOYEE RIGHTS AND DISCIPLINE Employer Security Concerns and Employee Rights · Rights issues and employee records · American with Disabilities Act and medical records · Security of employee record · Employee access to HR records · Restrictions on employees’ free speech rights · · · Employee advocacy of controversial views Whistle-blowing Monitoring e-mail and voice mail Tracking internet usage Workplace performance monitoring / surveillance Employee theft · Polygraph and honesty testing · Behavior off the job · Substance abuse and drug testing Human Resource Management, 9 E Mathis and Jackson © 2000 South-Western College Publishing 17 -6

Chapter 17 EMPLOYEE RIGHTS AND DISCIPLINE Human Resource Management, 9 E Mathis and Jackson

Chapter 17 EMPLOYEE RIGHTS AND DISCIPLINE Human Resource Management, 9 E Mathis and Jackson © 2000 South-Western College Publishing 17 -7

Chapter 17 EMPLOYEE RIGHTS AND DISCIPLINE n HR Policies, Procedures, and Rules · Guidelines

Chapter 17 EMPLOYEE RIGHTS AND DISCIPLINE n HR Policies, Procedures, and Rules · Guidelines for policies / rules · · · · Consistency Necessity Applicability Clarity Reasonableness Distribution / communication Employee handouts · Legal review of language · Readability · Use · Communicating HR information · HR publications and media · E-mail / teleconferencing · Suggestion systems Human Resource Management, 9 E Mathis and Jackson © 2000 South-Western College Publishing 17 -8

Chapter 17 EMPLOYEE RIGHTS AND DISCIPLINE Human Resource Management, 9 E Mathis and Jackson

Chapter 17 EMPLOYEE RIGHTS AND DISCIPLINE Human Resource Management, 9 E Mathis and Jackson © 2000 South-Western College Publishing 17 -9

Chapter 17 EMPLOYEE RIGHTS AND DISCIPLINE n Employee Discipline · Approaches to discipline ·

Chapter 17 EMPLOYEE RIGHTS AND DISCIPLINE n Employee Discipline · Approaches to discipline · Positive discipline approach · Progressive discipline approach · · Reasons for not using discipline Effective discipline · · · Training supervisors Consistency Documentation Promptness Impersonal discipline Discharge: the final step Human Resource Management, 9 E Mathis and Jackson © 2000 South-Western College Publishing 17 -10