Employee Relations 1Employee Relations 1

Employee RightsEmployee Rights

Statutory right—protected by law Protection from discrimination Safe working conditions Right to union representation

Contractual rights—based on a contract Employment or Union contract Due process Implied Contract

Other RightsOther Rights

Right to ethical treatmentRight to ethical treatment Psychological contractPsychological contract

Limited right to privacy Implicit in U.S. Constitution

Limited right to free speech Whistle-blowing exception

Free Speech at Work?Free Speech at Work?

In 1996 a grocery store worker in Dallas was fired In 1996 a grocery store worker in Dallas was fired for wearing a Green Bay Packers T-shirt to work for wearing a Green Bay Packers T-shirt to work on the day before a Cowboys-Packers game.on the day before a Cowboys-Packers game.

Employees have the right to express their religious Employees have the right to express their religious preferences at work, by wearing a cross or a Star preferences at work, by wearing a cross or a Star of David, for example. But most other forms of of David, for example. But most other forms of "self-expression" are not protected."self-expression" are not protected.

4/20/00 New York Times4/20/00 New York Times

Run the Business Run the Business

““Employment-at-Will”?Employment-at-Will”?

The right of an employer to fire an employee The right of an employer to fire an employee without giving a reason and the right of an without giving a reason and the right of an employee to quit when he or she chooses.employee to quit when he or she chooses.

Few exceptions which vary by state.Few exceptions which vary by state.

Management RightsManagement Rights

Employee Rights ChallengesEmployee Rights Challenges

A Balancing ActA Balancing Act

‣ Random drug testing‣ Electronic monitoring‣ Whistle-blowing‣ Restrictions on office

romance

Employee Rights ChallengesEmployee Rights Challenges

Whistle-blowingWhistle-blowing Organization should have internal Organization should have internal

procedures for reporting misconductprocedures for reporting misconduct Must have support from top managementMust have support from top management

Restrictions on office romance Some organizations have “no dating”

policies Biggest problem in supervisor-subordinate

relationships

Problem Behavior in the Problem Behavior in the WorkplaceWorkplace

TardinessTardiness

WithdrawalWithdrawal

Safety infractionsSafety infractions

AbsenteeismAbsenteeism

TheftTheft

HarassmentHarassment

SabotageSabotage

ViolenceViolence

Workplace IncivilityWorkplace Incivility

Rude, discourteous, insensitive Rude, discourteous, insensitive behaviorsbehaviors

Violation of organizational normsViolation of organizational norms

May include:May include: Crude behavior or wordsCrude behavior or words Unprofessional conductUnprofessional conduct Disrespect, lack of respect for othersDisrespect, lack of respect for others Failure to share credit or informationFailure to share credit or information

Effects of IncivilityEffects of IncivilitySurvey of 1,400 employees who reported Survey of 1,400 employees who reported

being the target of incivility at work:being the target of incivility at work:90% reported “ripple” effects90% reported “ripple” effects

52% lost time worrying52% lost time worrying

24% put in less hours24% put in less hours

28% wasted time avoiding instigator28% wasted time avoiding instigator

22% decreased work effort22% decreased work effort

46% thought about quitting46% thought about quitting

12% eventually quit the company12% eventually quit the company

Pearson, Andersson, Porath and Wegner, 2000Pearson, Andersson, Porath and Wegner, 2000

Causes of Incivility

Perceived lack of support from the organization

Negative perception of work situation held by employee

Personality type

Spiraling PatternsSpiraling Patterns

A BA B

AA B B

AA BB

AA BB

AA BB

AA BB

Spiraling PatternsSpiraling Patterns

AA BB

CC DD

AA BB

Incivility spreads through the workplace…

…or leads to turnover.

HR Employee Discipline HR Employee Discipline BasicsBasics

Document, Document, DocumentDocument, Document, Document Clearly communicate rules and expectationsClearly communicate rules and expectations Be consistent in responding to rule violationsBe consistent in responding to rule violations Ignoring problems almost always makes them worseIgnoring problems almost always makes them worse Use the performance appraisal process if possible Use the performance appraisal process if possible Look for mitigating factors in performance problemsLook for mitigating factors in performance problems See all sides of the issueSee all sides of the issue Be ready to counsel managers on company policies Be ready to counsel managers on company policies

and options for dealing with employeesand options for dealing with employees Use common senseUse common sense

Importance of Good Importance of Good DisciplineDiscipline

Turnover is expensiveTurnover is expensive Behavior may escalate to aggression or Behavior may escalate to aggression or

violenceviolence Sets precedents that erode values and cultureSets precedents that erode values and culture Impacts productivity and customer serviceImpacts productivity and customer service Employees react to how co-workers are Employees react to how co-workers are

treatedtreated Ignoring problem behavior may lead to Ignoring problem behavior may lead to

perceptions of inequity in other employeesperceptions of inequity in other employees

Considerations in Disciplinary Considerations in Disciplinary InvestigationsInvestigations

In very specific terms, what is the offense In very specific terms, what is the offense charged?charged?

Did the employee know he or she was doing Did the employee know he or she was doing something wrong?something wrong?

Is the employee guilty?Is the employee guilty? Are there extenuating circumstances?Are there extenuating circumstances? Has the rule been uniformly enforced?Has the rule been uniformly enforced? Is the offense related to the workplace?Is the offense related to the workplace? What is the employee’s past work record?What is the employee’s past work record?

Documentation of Employee Documentation of Employee MisconductMisconduct

Date, time, and location of the incident(s)Date, time, and location of the incident(s) Description of the problem/misconductDescription of the problem/misconduct Consequences of misconduct on employee and/or Consequences of misconduct on employee and/or

work unitwork unit Prior discussions with employee about conductPrior discussions with employee about conduct Disciplinary action to be taken and specific Disciplinary action to be taken and specific

improvement expectedimprovement expected Consequences for employee if behavior is not Consequences for employee if behavior is not

changed and follow-up datechanged and follow-up date Reaction of employee to supervisor’s effortsReaction of employee to supervisor’s efforts Names of witnesses to incidentNames of witnesses to incident

The Investigative InterviewThe Investigative Interview

Conduct of an InterviewConduct of an Interview Concentrate on how the offense violated the Concentrate on how the offense violated the

performance and behavior standards of the job.performance and behavior standards of the job. Avoid getting into personalities or areas unrelated to job Avoid getting into personalities or areas unrelated to job

performance.performance. The employee must be given a full opportunity to The employee must be given a full opportunity to

explain his or her side of the issue.explain his or her side of the issue.

Progressive DisciplineProgressive Discipline

Progressive discipline procedures dictate Progressive discipline procedures dictate specific warning steps depending on the specific warning steps depending on the persistence of the behavior. persistence of the behavior.

Verbal warning – talk to the employeeVerbal warning – talk to the employee Written warning Written warning SuspensionSuspension DismissalDismissal

Gross misconduct grounds for discharge.Gross misconduct grounds for discharge.

Encourages employees to assume responsibility for Encourages employees to assume responsibility for their actions.their actions.

Supervisor uses counseling skills to motivate the Supervisor uses counseling skills to motivate the employee to change.employee to change.

Supervisors must receive appropriate training.Supervisors must receive appropriate training. Supervisor and employee agree on goals and methods for Supervisor and employee agree on goals and methods for

addressing problem behavior.addressing problem behavior.

Companies use “discipline days” to communicate Companies use “discipline days” to communicate seriousness and commitment.seriousness and commitment.

Also ends with dischargeAlso ends with discharge

Positive DisciplinePositive Discipline

““Just Cause” TerminationJust Cause” Termination

Was the employee warned of the disciplinary consequences of Was the employee warned of the disciplinary consequences of misconduct?misconduct?

Were management’s requirements of the employee reasonable?Were management’s requirements of the employee reasonable?

Was it established that the employee’s performance was Was it established that the employee’s performance was unsatisfactory?unsatisfactory?

Was an investigation conducted in a fair and objective manner?Was an investigation conducted in a fair and objective manner?

Is there sufficient evidence of proof of guilt as charged?Is there sufficient evidence of proof of guilt as charged?

Was the employee treated the same as other employees in Was the employee treated the same as other employees in similar circumstances?similar circumstances?

Did the discharge fit the misconduct, the employee’s service Did the discharge fit the misconduct, the employee’s service record, and any mitigating circumstances?record, and any mitigating circumstances?

Discharges That Violate Public Discharges That Violate Public PolicyPolicy

An employer may An employer may notnot terminate an employee for: terminate an employee for:

Refusing to commit perjury on the employer’s behalfRefusing to commit perjury on the employer’s behalf Cooperating with a government agency in the investigation of Cooperating with a government agency in the investigation of

a charge or giving testimonya charge or giving testimony Refusing to violate a professional code of conductRefusing to violate a professional code of conduct Reporting OSHA infractionsReporting OSHA infractions Refusing to support a law or a political candidate favored by Refusing to support a law or a political candidate favored by

the employerthe employer ““Whistle-blowing,” or reporting illegal conduct by the employerWhistle-blowing,” or reporting illegal conduct by the employer Informing a customer that the employer has stolen property Informing a customer that the employer has stolen property

from the customerfrom the customer Complying with a summons to jury dutyComplying with a summons to jury duty

Avoiding Wrongful Termination Avoiding Wrongful Termination LawsuitsLawsuits

Terminate only if there is an articulated reason.Terminate only if there is an articulated reason. Set and follow termination rules and schedules.Set and follow termination rules and schedules. Document all performance problems.Document all performance problems. Be consistent with employees in similar situations.Be consistent with employees in similar situations.

““Constructive discharge” is prohibited.Constructive discharge” is prohibited. An employee voluntarily terminates his or her An employee voluntarily terminates his or her

employment because of harsh, unreasonable employment employment because of harsh, unreasonable employment conditions placed on the individual by the employer.conditions placed on the individual by the employer.

““Retaliation discharge” is prohibited. Retaliation discharge” is prohibited.

Avoiding Wrongful Termination Avoiding Wrongful Termination LawsuitsLawsuits

Retaliation DischargeRetaliation Discharge Title VII, the ADEA, the ADA, and other laws Title VII, the ADEA, the ADA, and other laws

prohibit employers from retaliating against prohibit employers from retaliating against employees when they exercise their rights under employees when they exercise their rights under these statutes.these statutes.

Proper handling of these employees involves:Proper handling of these employees involves: Taking no adverse employment action against Taking no adverse employment action against

employees when they file discrimination charges. employees when they file discrimination charges. Treating the employees consistently and objectively. Treating the employees consistently and objectively. Harboring no animosity toward the employees when Harboring no animosity toward the employees when

they file discrimination lawsuits.they file discrimination lawsuits.

Citizenship Behaviors“…individual behavior that is discretionary, not directly or

explicitly recognized by the formal reward system, and

that in the aggregate promotes the effective functioning of the

organization. By discretionary, we mean that the behavior is not

an enforceable requirement of the role or the job description, that

is, the clearly specifiable terms of the person's employment

contract with the organization; the behavior is rather a matter of

personal choice, such that its omission is not generally

understood as punishable."

Types of Citizenship Behaviors

Altruism/ Helping Behavior Organization Loyalty Organization Compliance Civic Virtue Individual Initiative Self Development Sportsmanship

Causes of Citizenship Behaviors

Supportive work environment Personality type Group Cohesion Organization Identity Role perception Leadership support

RightsRights EmployeeEmployee——statutory, contractual, and other statutory, contractual, and other

ManagementManagement——right to run business and earn profitsright to run business and earn profits Rights of both need to be balancedRights of both need to be balanced

DisciplineDiscipline ProgressiveProgressive——focus on punishmentfocus on punishment PositivePositive——focus on change by employeefocus on change by employee

To avoid conflict, use due and appeals processes To avoid conflict, use due and appeals processes

Can avoid need for discipline with proactive HRMCan avoid need for discipline with proactive HRM

Summary and ConclusionsSummary and Conclusions