Ug Employee Relations

8/13/2019 Ug Employee Relations

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1Spring 2008

Employee Relations Issues

Policies, procedures, rules

Employee discipline

Grievances

Employee rights



2Spring 2008

Policies, Procedures and Rules

Policies: A general guideline

For example: “XYZ, Inc. does not tolerate sexual harassment”

Procedures A customary method

For example: the steps for reporting sexual harassment

Rules

A specific guideline (“programmed decision”) For example: sexually harassing a subordinate is cause for

termination



3Spring 2008

About Rules, Policies, and

Procedures Why?

To ensure consistent treatment (i.e., fairness,

procedural justice)To reduce time demands (programmed

decisions)

How communicatedEmployee handbooks

Policy and procedure manuals



4Spring 2008

Effective PPR

Internally consistent

Only those that are necessary

Applicable

Understandable

Reasonable Distributed and communicated

Enforced



5Spring 2008

Employee Discipline

Establishing discipline

Progressive discipline

Why managers don’t discipline employees

Why managers punish too soon



6Spring 2008

Establishing Discipline

Establish

Rules

Change

Inappropriate

Behavior

Communicate

Rules Assess

Behavior



7Spring 2008

Progressive Discipline

What it is?Gradual 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



8Spring 2008

Steps in Progressive Discipline

General steps

Verbal warning

Verbal caution (recorded) Formal written reprimand

Suspension (paid or unpaid)

Demotion or termination

May start at a higher level for more severe

offences (for example, immediate termination for

drug use)



9Spring 2008

Why Managers Don’t Discipline

Employees1. Lack of training

2. Lack of support from above

3. Fear of acting alone

4. Guilt

5. Loss of friendships

6. Loss of time

7. Fear of losing one’s temper

8. Rationalization

9. Lack of appropriate policies and rules

10. Fear of lawsuits



11Spring 2008

Employment at Will

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 General exceptions to EAW:

Public policy

Violation of law

Filing workers’ comp claim

Refusal to commit illegal acts)

Implied employment contract (the employee handbook)

Good faith and fair dealing



12Spring 2008

Just Cause

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



13Spring 2008

Grievances

Procedure for dealing with employeedissatisfaction with management action

Found in union and many non-unionizedorganizations (FedEx, for example)

Involves appeals through various levels of

management, sometimes hearing bymanagement / employee panel



14Spring 2008

Employee Rights

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



15Spring 2008

Access to Personnel Records

Unauthorized individuals should not have access

Individual records are confidential information

Employer has responsibility to take reasonable precautions to

ensure this

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



16Spring 2008

Substance Abuse and Drug Testing

Occurs in at least 85% of U.S. firms

Why?

AbsenteeismTurnover

Accidents and workers’ compensation claims

Health care costsPublic safety



17Spring 2008

Who Gets Tested?

New hires (after conditional offer of

employment)

Probable cause (such as accidents)

Employees at random

In certain industries, such as transportation

As a condition of being given a second

chance



18Spring 2008

Medical Records and Genetic

Testing Employee medical records:

Must be kept separate from other personnel records

Medical conditions not grounds for dismissal ifemployee can perform the job

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



19Spring 2008

Off-the-Job Activities

Dating

Smoking

Language issues



21Spring 2008

Smoking

The employer can prohibit / restrict at work

Difficult to forbid off-the-job (how to enforce?)

No federal protection, but smokers may beprotected under state law (including Tennessee)

Some employers can ban smoking (primarily around

children)



22Spring 2008

Language Issues

Can employees speak a language other

than English at work?

Yes, on breaks

No, not at work



23Spring 2008

Polygraphs and Honesty Testing

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 internalinvestigations of theft or losses

Honesty testing A substitute for the polygraph?

Test validity?????



24Spring 2008

Miscellaneous Issues

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 beingmonitored

Whistle blowing

Right to be aware of hazards (OSHA)

Notification of plant and facility closings (WARN)

Ug Employee Relations

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