Chapter 14 HR Ethics - UCO College of Business

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Chapter #14

Ethics, Justice and Fair

Treatment

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

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