Protecting Employee Rights

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Protecting Employee Rights

• Chapter 7

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Objectivesof Chapter 7

• Understand the rights of employees to be
  professionally managed.
• Comprehend the planning and expectations aspects
  of professional management.
• Recognize matters of common law as applied to the
  employment relationship.
• Understand the role of the human resource
  practitioner as a managers manager.

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Introduction

• Management
• The accomplishment of the objectives of the
  organization through the activities of others
• The primary right of any worker in an
  organization is to me managed professionally
• Job of the HR manager is to be the managers
  manager

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• Organization A collection of individuals who
  meet to accomplish a common objective
• Objective A target for performance
• Mission The purpose of an organization that
  includes its values and beliefs
• Communicated throughout the organization

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Professional Management

• Mission Driven Organizations
• All decisions are prioritized based on the
  mission
• The strategic approach to managing individuals
• Senior managers to establish and communicate the
  mission for the corporation
• Audit the corporate mission for the organization
• Establish objectives for performance

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Professional Management Mission Audit

• Audit the corporate mission for the organization
• Audit on an annual basis
• Communicate to the entire organization
• After the mission audit, the senior managers
  develop the objectives for the organization

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Professional Management Objective Development

• Management By Objectives
• A process of top/down, bottom/up shared goal
  setting at every level in the organization
• All objectives are mission driven from the top of
  the organization and every person in the company
  participates
  
  in the development of their own goals
• All the staff members who made their own goals,
  as opposed to having objectives imposed upon them
  from the level of management above creates more
  buy-in

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Professional ManagementObjective Development

• Every organization must have clearly defined
  objectives/goals for performance throughout the
  organization
• Companies must set clear expectations
• who is responsible for what
• what is to be accomplished
• by when for completion of the objective
• Managers must break down objectives/goals into
  factors
• Action steps- each objective should have 2-5
  action steps

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Professional Management

• Once the objectives are established, managers
  must break these down into factors that represent
  the expectations for performance in every
  department within the organization.

Objectives
Strategies
Evaluation/Review
Policies
Standard
Procedures
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Sample Objective and strategies (table 7.1 page
87)

• Objective Increase revenues by 10 over last
  years total to be achieved by Dec. 30, 2004
• Strategy 1- Increase advertising and promotion
  budget by 5 over 2003 allocation to become
  effective Jan. 2, 2004
• Strategy 2- Add one new sales rep. to cover
  missing territory by Jan. 15, 2004
• Strategy 3- Develop salesperson incentive program
  for rollout by Jan. 30, 2004

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Products of Job analysis

• Job specification- a listing of KSAAs that
  collectively comprise the qualifications for a
  position
• Used in the recruitment and selection process to
  identify the qualifications of a potential
  employee in a specific position

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Products of Job analysis

• Job Description- listing of tasks, duties,
  responsibilities and reporting relationships for
  an individual who is placed in a position
• Used the selection process to articulate the
  activities for the potential jobholder

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Products of Job analysis

• Performance appraisals- a comparison of actual
  performance to standards already defined
• Final outcome of job analysis
• Compensation systems
• Sample job description- figure 7.5 page 90

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Data collection methods

• Observation
• Work sampling
• Interviewing
• Questionnaires
• Combination of the above methods

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Legal Issues in Job Analysis

• Tasks, duties, and activities should be included
  in the analysis
• Job data should be collected from a variety of
  sources and by knowledgeable job analysts
• Most important tasks should be represented in the
  selection device
• Job descriptions must include essential duties
  listed in order of importance (ADA)
• Any testing needs to statistically valid and
  reliable for job relatedness

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Job Analysis Process- summed up!

• Identify existing positions and review
  documentation for each job.
• Explain the job analysis process to subjects and
  supervisors in areas being analyzed.
• Conduct the analysis in the most unobtrusive
  manner possible.
• Prepare job descriptions and job specifications
  based on the findings of the analysis.
• Revise performance management systems to reflect
  the changes made to job descriptions and job
  specifications.
• Maintain and update job descriptions and job
  specs throughout the period of time until the
  next job analysis process.

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The Right of Employees to Know the Rules

• Rules- The codes of behavior within the
  workplace
• Failure to behave within the expectations set by
  the rules results in misconduct on the part of
  the worker
• A severe nature of misconduct (gross misconduct)
  leads to employee termination
• Standard operating procedures (SOP)- Sets the
  guidelines for performance
• Rules of conduct set the guidelines for
  acceptable behavior in the workplace
• Once the worker has completed training, failure
  to meet the conduct or performance standards will
  result in discipline

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The Right of Employees to Know Discipline
Procedures/Corrective Action

• A form of training that redirects behavior to
  achieve desired performance and/or conduct
• Progressive discipline- warnings, 3 strikes
• Should be administered in the privacy of an office

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Discipline Procedures (Corrective Action)

• Coach and Counsel
• Training to meet the conduct or performance
  standards
• Disciplinary Warning
• Suspension (investigation)
• Termination

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Discipline Procedures2- Disciplinary Warning

• First warning (Corrective Interview - verbal
  warning)
• Discuss the incident along with required
  corrective actions
• Inform further incidents will result in
  progressive disciplinary action up to and
  including involuntary separation from the company
  
• Three people participate in disciplinary warning
• the supervisor
• the employee who is being addressed
• a third party manager or witness

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Corrective Interview form

• requires
• A thorough explanation of exactly what was done
  wrong
• The effect on the organization or other employees
• The required corrective action on the part of the
  employee
• A space for the employee to list comments about
  the situation.
• A place of Employee Comments
• a very important aspect of employee rights.

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Corrective Interview form (cont.)

• Employee Comments
• Let employees to voice their opinions
• Covenant of good faith and fair dealing
• An employer possesses the duty to act fairly with
  customers and employees
• Accord employees with the opportunity to tell
  their side of the story during any disciplinary
  situation
• Benefit
• Adjudicator in a third party hearing weighs in
  favor of the employer
• An indication of good faith and fair dealing with
  employees
• The due process accorded by the employer

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Corrective Interview form (cont.)

• The key ingredient in a progressive discipline
  process
• Warn the employee of potential consequences
  associated with further issues of substandard
  performance or misconduct.
• Multi-tier review
• Every disciplinary action should include multiple
  party reviews
• Reviewers represent upper levels of the
  organization
• include individuals from the executive level of
  the organization

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2. Disciplinary Warning (cont.)

• All parties should sign and date the form
  
  at the conclusion of the conversation
• if employee does not want to sign the notice, the
  supervisor merely indicates Refused to Sign on
  the form, which is confirmed by the witnessing
  manager

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Discipline Procedures3. Suspension

• Suspended for a brief period of time while
  investigations occur (should not exceed 3 days)
• If facts do not substantiate the termination,
  the employee should be paid for the time of their
  suspension
• Many employers practice suspension as a punitive
  measure
• Poor management practice

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Discipline Procedures4. Termination

• When all avenues of correction are exhausted
• (Follow the progressive discipline process)
• Terminate the employee from the company after a
• Thorough investigation
• Give employee an opportunity to present his/her
  side of the story
• The supervisor
• The employee
• A 3rd party who witness the interaction between
  the supervisor and the employee

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Termination (cont.)

• Key words when faced with a decision to terminate
• All terminations require prior approval of unit
  president/general manager and HR manager/director
• Termination meeting / Exit interview
• Should not be conducted on site

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Termination Meeting

• Be prepared
• Identify facts and specific reasons
• Anticipate questions/issues
• Have all Participants there
• Supervisor, employee, 3rd party
• Meeting with employee
• Keep the meeting short
• Advise employee immediately in meeting that they
  are being discharged (or terminated or let go)

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Termination Meeting (cont.)

• Give specific reasons for termination
• Respond to employees questions
• Detail and resolve all final matters
• keys, monies, property, files, laptops, car, etc.
• Explain that HR will contact them to explain
  their COBRA, etc.
• Both managers must document the meeting

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Types of termination

• Voluntary
• Involuntary

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Exit Interviews

• Employee Exit Checklist
• Report the reasons why employees leave