Title: Employee Rights and HR Communications
1Fundamentals of Human Resource Management Eighth
Edition DeCenzo and Robbins
Chapter 4 Employee Rights and HR Communications
2Introduction
- 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.
3Employment 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.
4Employment Rights Legislation and Its HRM
Implications
- 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.
5Employment Rights Legislation and Its HRM
Implications
- 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
- Companies regulated by the Department of
Transportation and Nuclear Regulatory Commission
must test employees in certain jobs for drugs.
6Employment Rights Legislation and Its HRM
Implications
- Drug-free policies must include
- What is expected of employees
- Penalties for infractions of policies
- Substance abuse awareness programs
- Disseminated to all employees
7Employment Rights Legislation and Its HRM
Implications
- 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.
8Employment Rights Legislation and Its HRM
Implications
- 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.
9Employment Rights Legislation and Its HRM
Implications
- 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 days pay and benefits for each days notice
10Current 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
11Current Issues Regarding Employee Rights
- 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.
12Current Issues Regarding Employee Rights
- 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.
13Current Issues Regarding Employee Rights
- 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.
14Current Issues Regarding Employee Rights
- Employee Monitoring and Workplace Security
- Interests are protected against
- Theft
- Revealing of trade secrets to competitors
- Using the customer database for personal gain
- Must balance these security needs with employee
rights. - Develop and communicate policies for monitoring
- computer, e-mail, telephone
15Current Issues Regarding Employee Rights
- 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.
16The 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.
17The Employment-at-Will Doctrine
- 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 - 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.
18Discipline and Employee Rights
- Discipline
- A condition where employees conduct themselves in
accordance with the organizations rules and
standards of acceptable behavior. - The most frequent violations requiring
disciplinary action involve - Attendance
- On-the-job behaviors
- Dishonesty
- Outside activities (criminal activity, etc.)
19Discipline and Employee Rights
- 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 organizations discipline practices
- Management backing
20Discipline and Employee Rights
- Disciplinary Guidelines
- Make disciplinary action corrective rather than
punitive. - Make disciplinary action progressive i.e. verbal
warning, written warning, suspension, dismissal. - Follow the Hot-stove rule i.e. immediate
response ample warning consistency impersonal.
- Allow employees to have a representative present
for disciplinary meetings.
21Discipline and Employee Rights
- Disciplinary Actions
- Written verbal warning
- Written warning
- Suspension
- Dismissal
22Employee Counseling
- This approach is most appropriate when a
performance problem is not amenable to training
and development or mentoring and coaching. - 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 employees
personal problems - Employee Assistance Program
23Using 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. - 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.
24Using Employee Communications to Enhance Employee
Rights
- 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
25Using Employee Communications to Enhance Employee
Rights
- Complaint Procedures
- Step 1 Employee-supervisor
- Step 2 Employee-employer relations
- Step 3 Employee-department head
- Step 4 Employee-president
26Using Employee Communications to Enhance Employee
Rights
- 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