Matakuliah
Tahun
: J0124 – Manajemen Sumber Daya Manusia
: 2010
Internal Employee Relation
22
Learning Outcomes
After studying this chapter, the students should be
able to :
• Define internal employee relation
• Explain the concept of employment-at-will, wrongful discharge &
disciplinary action
Bina Nusantara University
3
Employee Rights and Privacy
• Employer Responsibilities
 Negligence

Is the failure to use a reasonable amount of care when such
failure results in injury to another person.
 Negligent hiring

Is a legal doctrine that places liability (duty of care) on the
employer for actions of its employees during the course and
scope of their employment.
• Job Protection Rights
 Psychological contract

Is the expectation of a fair exchange of employment
obligations between an employee and employer
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Job Protection Rights: Legal Considerations
Employment-at-Will
Principle
Explicit
Contract
Implied
Contract
Constructive
Discharge
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Plant Closing
Notification
Employee Rights and Privacy
• Employment-at-Will Principle
 The right of an employer to fire an employee
without giving a reason and the right of an
employee to quit when he or she chooses.
 In 1908, Supreme Court upheld employment-at-will
in Adair v United States.
• Limitations on Employment-at-Will
 Union collective bargaining agreements
 Federal and state laws, court decisions, and
administrative rulings
 “Fear of firing”
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Wrongful Discharge: Exceptions to the
Employment-at-Will Doctrine
• Violations of Public Policy
 Wrongful discharge of an employee by an employer
for refusal commit an act that to violates the law.
• Implied Contract
 Wrongful discharge contrary to an employer’s oral
or written promises of continued employment.
• Implied Covenant
 Wrongful discharge for a lack of fair dealing on part
of employer.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
FIGURE
13.1
Discharges That Violate Public Policy
An employer may not terminate an employee for:
• Refusing to commit perjury in court on the employer’s behalf
• Cooperating with a government agency in the investigation of a charge or
giving testimony
• Refusing to violate a professional code of conduct
• Reporting Occupational Safety and Health Administration (OSHA) infractions
• Refusing to support a law or a political candidate favored by the employer
• “Whistle-blowing,” or reporting illegal conduct by the employer
• Informing a customer that the employer has stolen property from the
customer
• Complying with summons to jury duty
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Privacy Rights
Employee Privacy versus Employer Obligations
•
•
•
•
•
•
Substance Abuse and Drug Testing
Searches and Monitoring
Access to Personnel Files
E-mail and Voice Mail
Conduct Outside the Workplace
Genetic Testing
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Employee Privacy Issues
• Employee Conduct outside the Workplace
 Organizations that discipline employees for off-duty
misconduct must establish a clear relationship
between the misconduct and its negative effect on
other employees or the organization.
• Genetic Testing
 Can identify an individual’s risk of developing
common disorders such as cancer, heart disease, or
diabetes.
 Likely violates Title VII of the Civil Rights Act and
the Americans with Disabilities Act.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
FIGURE
13.7
A Disciplinary Model
© 2010 South-Western, a part of Cengage Learning. All rights reserved
FIGURE
13.8
Common Disciplinary Problems
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Discipline
• Definitions of Discipline
 Treatment that punishes.
 Orderly behavior in an
organizational setting.
 Training that molds and
strengthens desirable
conduct or corrects
undesirable conduct and
develops self-control.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
The Investigative Interview
• Conduct of an Interview
 Concentrate on how the offense violated the
performance and behavior standards of the job.
 Avoid getting into personalities or areas unrelated
to job performance.
 Give the employee must be given a full opportunity
to explain his or her side of the issue.
• NLRB v Weingarten,Inc.
 The Supreme Court upheld an NLRB ruling in favor
of the employee’s right to representation during an
investigative interview in a unionized organization.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Approaches to Discipline
• Progressive Discipline
 When applying corrective measures by increasing
degrees, always be sure that employees:

Know where they stand regarding offenses.

Know what improvement is expected of them.

Understand what happens next if improvement is not made.
• Positive, or Non-punitive, Discipline
 Discipline that focuses on the early correction of
employee misconduct, with the employee taking
total responsibility for correcting the problem.
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Positive Discipline Procedure
© 2010 South-Western, a part of Cengage Learning. All rights reserved
Hot Stove Rule
This disciplinary approach should have the following consequences :
• burn immediately
•Provides warning
•Gives consistent punishment
•Burn impersonally
Bina Nusantara University
17