Employee Relations Issues Policies procedures rules n Employee

Employee Relations Issues Policies, procedures, rules n Employee discipline n Grievances n Employee rights n Spring 2008 1

Policies, Procedures and Rules n Policies: A general guideline ¨ For example: “XYZ, Inc. does not tolerate sexual harassment” ¨ n Procedures A customary method ¨ For example: the steps for reporting sexual harassment ¨ n Rules A specific guideline (“programmed decision”) ¨ For example: sexually harassing a subordinate is cause for termination ¨ Spring 2008 2

About Rules, Policies, and Procedures n Why? ¨ To ensure consistent treatment (i. e. , fairness, procedural justice) ¨ To reduce time demands (programmed decisions) n How communicated ¨ Employee handbooks ¨ Policy and procedure manuals Spring 2008 3

Effective PPR Internally consistent n Only those that are necessary n Applicable n Understandable n Reasonable n Distributed and communicated n Enforced n Spring 2008 4

Employee Discipline Establishing discipline n Progressive discipline n Why managers don’t discipline employees n Why managers punish too soon n Spring 2008 5

Establishing Discipline Establish Rules Communicate Rules Assess Behavior Change Inappropriate Behavior Spring 2008 6

Progressive Discipline n What it is? ¨ Gradual n movement from less to more severe penalties Why? ¨ Fair treatment for employees (chance to improve) ¨ Preserve company’s investment in employees ¨ Maintain employee morale ¨ Ethical considerations ¨ Professional approach to discipline ¨ Legal considerations Spring 2008 7

Steps in Progressive Discipline n General steps ¨ Verbal warning ¨ Verbal caution (recorded) ¨ Formal written reprimand ¨ Suspension (paid or unpaid) ¨ Demotion or termination n May start at a higher level for more severe offences (for example, immediate termination for drug use) Spring 2008 8

Why Managers Don’t Discipline Employees 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Lack of training Lack of support from above Fear of acting alone Guilt Loss of friendships Loss of time Fear of losing one’s temper Rationalization Lack of appropriate policies and rules Fear of lawsuits Spring 2008 9

Why Managers Punish Too Soon 1. 2. 3. 4. 5. 6. Lack of training Not aware of alternatives Fast, quick solution to problems Personal gratification Frustration Belief that punishment is the best way to change employee behavior Spring 2008 10

Employment at Will n Common law doctrine: Employers may hire, fire, demote and promote whomever they choose, unless a law exists to the contrary ¨ Depends on state courts’ interpretations ¨ n General exceptions to EAW: ¨ Public policy n n n Violation of law Filing workers’ comp claim Refusal to commit illegal acts) Implied employment contract (the employee handbook) ¨ Good faith and fair dealing ¨ Spring 2008 11

Just Cause n n n Reason for termination stems from a job-related, work performance problem Employee knew that the problem could result in termination If necessary, a fair and impartial investigation has been conducted (and documented) Substantial evidence supports firing employee Firing is not an unusually harsh action Problems are handled consistently Spring 2008 12

Grievances Procedure for dealing with employee dissatisfaction with management action n Found in union and many non-unionized organizations (Fed. Ex, for example) n Involves appeals through various levels of management, sometimes hearing by management / employee panel n Spring 2008 13

Employee Rights n n n Access to personnel records Substance abuse / drug testing Medical records and genetic testing Off-the-job activities Polygraphs and honesty testing Miscellaneous Email and employee monitoring ¨ Whistle blowing ¨ Right to be aware of hazards ¨ Plant and facility closings ¨ Spring 2008 14

Access to Personnel Records n Unauthorized individuals should not have access Individual records are confidential information ¨ Employer has responsibility to take reasonable precautions to ensure this ¨ n n However, the employee has right to see his / her records Employee also has the right to: Respond to unfavorable information and correct erroneous information ¨ Be notified (or possibly consent) if information is released to a third party ¨ Know how information is used internally ¨ Spring 2008 15

Substance Abuse and Drug Testing Occurs in at least 85% of U. S. firms n Why? n ¨ Absenteeism ¨ Turnover ¨ Accidents and workers’ compensation claims ¨ Health care costs ¨ Public safety Spring 2008 16

Who Gets Tested? New hires (after conditional offer of employment) n Probable cause (such as accidents) n Employees at random n ¨ In certain industries, such as transportation ¨ As a condition of being given a second chance Spring 2008 17

Medical Records and Genetic Testing n Employee medical records: ¨ Must be kept separate from other personnel records ¨ Medical conditions not grounds for dismissal if employee can perform the job n Genetic testing: ¨ Are employee, spouse or dependents at risk for developing an expensive-to-treat medical condition? ¨ But…a certainty or just a predisposition? ¨ Reluctance to hire and ADA Spring 2008 18

Off-the-Job Activities Dating n Smoking n Language issues n Spring 2008 19

Dating at Work n n Possibility of conflict of interest if employee is dating a competitor’s employee Possible perceptions (or reality !) of sexual harassment Employer’s moral standards (Wal. Mart case) Nepotism ¨ More and more, spouses and relatives are allowed to work for same employer ¨ Normally, not allowed to work in same unit, one can’t supervise the other Spring 2008 20

Smoking n n n The employer can prohibit / restrict at work Difficult to forbid off-the-job (how to enforce? ) No federal protection, but smokers may be protected under state law (including Tennessee) ¨ Some employers can ban smoking (primarily around children) Spring 2008 21

Language Issues n Can employees speak a language other than English at work? ¨ Yes, on breaks ¨ No, not at work Spring 2008 22

Polygraphs and Honesty Testing n Polygraphs ¨ Now illegal for pre-employment screening in most instances ¨ Can be used for security agencies, governments, manufacturers of controlled substances ¨ Can be used (with employee’s consent) for internal investigations of theft or losses n Honesty testing ¨A substitute for the polygraph? ¨ Test validity? ? ? Spring 2008 23

Miscellaneous Issues n E-mail and other employee monitoring ¨ Employers are free to read email and monitor productivity and other activities ¨ Internet screens ¨ Do need to notify employees that they are being monitored n n n Whistle blowing Right to be aware of hazards (OSHA) Notification of plant and facility closings (WARN) Spring 2008 24