Managing
Human Resources
Bohlander  Snell  Sherman
Chapter 13
Employee Rights
and Discipline
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
13-1
Learning Objectives
Explain the concepts of employment-at-will,
wrongful discharge, implied contract, and
constructive discharge.
Identify the job expectancy rights of employees.
Explain the process of establishing disciplinary
policies, including the proper implementation of
organizational rules.
Discuss the meaning of discipline and how to
investigate a disciplinary problem.
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Learning Objectives, cont.
Explain two approaches to disciplinary action.
Identify the different types of alternative disputeresolution procedures.
Discuss the role of ethics in the management of
human resources.
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Employee Rights Topics
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Wrongful discharge
Substance abuse and drug testing
Employee searches and surveillance
Plant closing notification
Access to employee personnel files
Smoking in the workplace
Employee conduct away from organization
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Employee Rights
Guarantees of fair treatment from
employers, particularly regarding
an employee’s right to privacy
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Negligence
Failure to provide reasonable care where
such failure results in injury to consumers
or other employees
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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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
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Presentation Slide 13-1
Employment-at-Will
and Wrongful
Discharge
Exceptions
to
Employment
at Will
Violation of
Public Policy
Implied Contract
Implied Covenant
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
13-8
Presentation Slide 13-1
Exceptions to
Employment-at-Will Doctrine
• Violations to public policy -- wrongful
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•
discharge for acts protected by law
Implied contract -- wrongful discharge
contrary to employer oral or written
promises
Implied covenant --wrongful discharge for a
lack of fair dealing on part of employer
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
13-9
Implied Contract
Guarded
Conversations
State Termination
Notice in Offers
Publish
Employment-atWill Statements
Get Signed
Statements of
Understanding
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
13-10
Constructive Discharge
An employee voluntarily terminates his
or her employment because of harsh,
unreasonable employment conditions placed
on the individual by the employer
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Presentation Slide 13-2
Privacy Concerns
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Employee
Privacy vs
Employer
Obligations
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Substance Abuse and Drug
Testing
Searches and Surveillance
Access to Personnel Files
E-mail and Voice Mail
Conduct Outside the
Workplace
Genetic Testing
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Setting Organizational Rules
Publish Widely
Review Regularly
Keep in Writing
Guidelines for
Smooth
Implementation
of Organizational
Rules
Be Reasonable
Explain Reasons
Be Timely
Get Signed
Statements of
Understanding
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
13-13
Presentation Slide 13-3
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
13-14
Hot-Stove Rule
Rule of discipline that can be compared
with a hot stove in that it gives warning,
is effective immediately, is enforced
consistently, and applies to all employees
in an impersonal and unbiased way
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
13-15
Discipline
(1) Treatment that punishes; (2) orderly
behavior in an organizational setting;
or (3) training that molds and strengthens
desirable conduct—or corrects undesirable
conduct—and develops self-control
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
13-16
Presentations Slide 13-4
Disciplinary Action for Violation of Rules
 Are
rules fair and reasonable?
 Have rules been communicated sufficiently
to make employee aware of them?
 Have rules been enforced previously?
 Should and did employee receive prior
warning?
 Is employee being singled out as an
example?
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Progressive Discipline
Application of corrective measures
by increasing degrees
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Positive, or Nonpunitive,
Discipline
System of discipline that focuses
on the early correction of employee
misconduct, with the employee
taking total responsibility
for correcting the problem
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Positive Discipline Procedure
First
Conference
(Oral Reminder)
Second
Conference
(Written
Reminder)
DecisionMaking
Leave/Decision
Day
Unsolved
Unsolved
Unsolved
Recognition
and
Reinforcement
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
Terminate
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Presentation Slide 13-5
Disciplinary Action
for Unsatisfactory Performance
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Do clear and objective performance standards
exist?
Has employee received proper orientation and
training?
Is the unsatisfactory performance caused by
conditions beyond employees’ control?
Has employee been given adequate warning and
time to improve performance?
Are the other employees meeting performance
standards?
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
13-21
Presentation Slide 13-6
Work Record Documentation
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Date, time, and location of incident
Nature of misconduct
Consequences of misconduct on work unit
Prior discussions with employee
Disciplinary action taken and improvement
expected
Reaction of employee
Appropriate witnesses
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Considerations When
Discharging Employees
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What is the employee’s length of service?
What is the employee’s previous service record?
Did employee receive warning and lesser penalties,
i.e., progressive discipline?
Did employer use every means possible to avoid
the discharge?
Are there any evidences of prejudice or bias
toward employee?
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Due Process
Employee’s right to present his or her
position during a disciplinary action
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Employee Rights: Due Process
Right to Know
Right to Consistent
Treatment
Right to Fair Discipline
Principles
of
Due
Process
Right to Appeal
Right to Progressive
Discipline
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Appealing
Disciplinary
Action
Employee
Supervisor
Department
Head
Conventional
Step-Review
Appeal
Procedure
HR Department
Top
Management
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
13-26
Alternative Dispute Resolution
(ADR)
Term applied to different types
of employee complaint or
dispute-resolution procedures
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Presentation Slide 13-7
Alternative Dispute
Resolution Procedures
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Step-Review Systems
Peer-Review Systems
Hearing Officer
Open-Door Policy
Ombudsman System
Arbitration
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Step-Review System
System for reviewing employee
complaints and disputes by successively
higher levels of management
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Peer-Review System
System for reviewing employee complaints
that uses a group composed of equal numbers
of employee representatives and management
appointees. It functions as a jury since its
members weigh evidence, consider
arguments, and after deliberation vote
independently to render a final decision
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
13-30
Hearing Officer
Person who holds a full-time position
with an organization but assumes a
neutral role when deciding cases between
the aggrieved employees and management
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Open-Door Policy
Policy of settling grievances that
identifies various levels of management
above the immediate supervisor
for employee contact
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Ombudsman
Designated individual from whom
employees may seek counsel
for the resolution of their complaints
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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Ethics
Set of standards of conduct and moral
judgments that help to determine
right and wrong behavior
Managing Human Resources, 12e, by Bohlander/Snell/Sherman © 2001 South-Western/Thomson Learning
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