HR faces ethical dilemmas every day

Ethics
 ( What would you do if?)
 Moral judgment


Ethics and Law?
 Law is not the best guide to ethical decision making
 HR must be fair and must be consistent

What Shapes Ethical Behavior?
 Individual Factors
 “ How do my ethics rate” # 521
 Organizational Factors
 Boss Influence
 Organizational culture

Manager’s role
 Clarify expectations
 Use signs and symbols
 Provide support
 Use stories and ceremonies
 Walk the talk
 Example Southwest airlines
 New employee get balloon,
 All have to learn songs and cheers in orientation

Why treat ees fairly?
 Lawsuits
 Productivity
 Absenteeism
 Health costs

HR Ethical practices
 Hire good people
 Train train train (# 528 role of training)
 Performance appraisals
 Reward systems
 HR IS INCLUDED IN ALL POLICY
MAKING AND IMPLEMENTATION

EE DISCIPLINE AND PRIVACY
 Purpose
 To encourage sensible behaviors
 Three pillars
 1. clear rules and policies
 2. system of progressive penalties
 3. appeals process
• Look Action form # 532
• Grievance form # 533

Progressive Discipline Policy
 1. Oral reminder
 2. Written reminder
 3. Paid one day leave
 4. Last chance agreement
 5. You’re fired
 Purge after 1 year

Employee Privacy
 4 Main types upheld by court
 Intrusion (locker rooms)
 Publication of private matters
 Medical records
 Use of face or name for commercials

Stats
 2/3 firms monitor e-mail
 3/4 firms monitor internet use
 40% firms monitor phone calls
 Must stop when turns personal
 Many video tape
 Cannot tape in restrooms

Electronic Communications Privacy Act
ECPA
 Intended to protect interception or orald and wireless communication
 TWO EXCEPTIONS
 1. er must have legitimate business reason
 2. er was given consent by ee.
 Look #536 acknowledgement form

 Videotaping
 Dressing, locker, bath rooms
 Phone calls
 Not when calls are private
 Biometrics
 Use of physical traits, eyes, fingerprints

Managing Dismissals
 Employ at will
 This common law has been eroding
 The employ at will doctrine
 Public policy exception
• Fired for refusing to break law
 Implied contract exception
• misrepresented by management or handbook
 Covenant of good faith exemption
• Must fire for good cause ( just before bonus time)

Wrongful discharge
 Ee dismissal does not comply with law or contractual arrangement
 Constructive discharge

Two pronged approach to avoid lawsuits #541
 1. Handbooks, policy, severance pay
 Look #541 severance pay schedule
 2. Prep work
• Signed termination at will statement when hired
• Watch handbook for implied contract statements
• Due process
• Annual appraisals
• Documents, keep all records of actions
• Advise of COBRA Rights
• Is there any chance of claim of discrimination?

How to STAY OUT OF COURT
 Fair severance pay
 Use respect
 EE release and acknowledgments
 Have clear rules to begin with
 Performance appraisals
 Document, document, document

Did you know you could e sued yourself?
 Supervisory personal liability
 Two major areas
• FLSA
• FMLA
 NEVER NEVER FIRE WHILE ANGRY
• Will look to court as personalization rather than an objective decision

Grounds for dismissal
 4 Bases
 Unsatisfactory performance
 Misconduct, insubordination
 Look # 538
 Lack of qualifications for the job
 Changed requirements

Gross Misconduct
 Do not have to offer usual seveerance package
 Cobra
 If
 Someone harmed
 Property harmed
 Criminal activity

The Termination Interview
 1. Plan it well with HR support
 2. Never fire on Friday
 3. Get to Point
 4. Describe situation
 5. Listen
 6. Identify next step
 Outplacement
 Exit interviews Look # 545

Plant Closing Law
 WARN Act
 Workers Adjustment and Retraining Act
 100 or more ee
 50 or more to be
 Give 60 days notice
• Penalties are severe if non compliant
• Bumping
• Downsizing