Human resrouce management 13th mathis jacson chapter 015

May not be scanned, copied or duplicated, or posted to a publicly accessible Web Contractual Rights cont’d • Non-Compete Agreements for a specified period of time.. May not be scanned, c

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PowerPoint Presentation by Charlie CookThe University of West Alabama

SECTION 5 Employee Relations

publicly accessible Web site, in whole or in part

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Chapter Objectives

interrelated.

After you have read this chapter, you should be able to:

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Employee Rights and Responsibilities

 Equal employment opportunity

 Collective bargaining

 Workplace safety

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promises of the employer.

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FIGURE 15–1

Provisions in Employment

Contracts

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Contractual Rights (cont’d)

• Non-Compete Agreements

for a specified period of time.

Non-piracy agreements Non-solicitation of current employees Intellectual property and trade

secrets Employment Contract Clauses

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• Employer’s Intellectual Property Rights:

pursuing them elsewhere

employers

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• Employment Practices Liability Insurance (EPLI)

employment-related actions.

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Rights Affecting the Employment Relationship

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Employment-at-Will (EAW)

Employers

Employers have the right to hire, fire, demote,

or promote as they choose, unless there is a law

or contract to the contrary.

Employees

Employees have the right to quit and got another

job under the same constraints.

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Employment-at-Will Restrictions

• Wrongful Discharge

 Fortune v National Cash Register Company

• Constructive Discharge

to get (to force) that employee to resign or quit.

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FIGURE 15–2 Keys for Preparing a Defense against Wrongful Discharge

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FIGURE 15–3 Criteria for Evaluating Just Cause and Due Process

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Work-Related Alternative Dispute Resolution (ADR)

Arbitration Peer Review Panels Ombuds

Alternative Dispute Resolution

Methods

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Managing Individual Employee and Employer Rights Issues

• Right to Privacy

• Privacy Rights and Employee Records:

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Privacy Rights and Employee Records

• ADA Provisions

limited conditions specified in the ADA.

• Security of Employee Records

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FIGURE 15–4 Employee Record Files

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Employees’ Free Speech Rights

Employers’ Restrictions on Employees’ Free Speech

Rights

Advocacy of Controversial

Views Publication of Blogs and Wikis Engaging in Whistle-Blowing

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Employee Rights and Personal Behavior

Body Appearance

An employer can place legitimate job-related

limits on an employee’s personal at-work

appearance such as tattoos and body piercings

Off-Duty Behavior

An employer can discipline an employee if the employee’s off-the-job behavior puts the company in legal or financial jeopardy.

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FIGURE 15–5

Recommended Employer Actions

Regarding Electronic

Communications

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E-mail and Voice Mail

• Electronic Communications Policy Elements

only.

business purposes.

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Sample

Sample

Illegal Drug Use

Employee Theft

Types of Employee Misconduct

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Balancing Employer Security and Employee Rights

Workplace Monitoring

• Monitoring e-mail and voicemail

• Conducting video surveillance at work

• Monitoring employee performance

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Substance Abuse and Drug Testing

• Drug-Free Workplace Act of 1988

 Failure to comply can lead to contract termination.

 Act does not cover tobacco and alcohol.

 Off-the-job drug use is not included.

• U.S Department of Transportation (DOT)

pilots and mechanics, pipeline workers, and licensed sailors.

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FIGURE 15–6 How Substance Abuse Affects Employers Financially

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Drug Testing and Employee Rights

• Policies for Conducting Drug Tests

• When to Test (Conditions)

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HR Policies, Procedures, and Rules

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FIGURE 15–7 Typical Division of HR Responsibilities:

Policies, Procedures, and Rules

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Employee Handbooks

At-will Prerogatives

Harassment Hours worked

Pay/benefits

Policies in Handbooks

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Employee Handbooks

• Legal Review of Language

• Readability

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Communicating HR Information

Internal Publications and Media

Electronic Communication Downward and Upward Internal

Communications

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 Avoidable without justifiable

cause (e.g., feigning illness)

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Controlling Absenteeism

Disciplinary approach Positive reinforcement

Combination approach Paid time-off (PTO)

“No fault” policy

Controlling Absenteeism

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FIGURE 15–8 Employee Absenteeism Control Actions

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HR Metrics: Measuring Absenteeism

• Measuring Absenteeism

100 days)

work of

(Number employees)

of number (Average

period during

absence job

gh lost throu s

person-day of

Number

×

• Other Measures of Absenteeism:

Incidence rate —absences per 100 employees each day

Inactivity rate —percentage of time lost to absenteeism

Severity rate —average time lost per absent employee during a specified period of time

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HR Metrics: Measuring Absenteeism (cont’d)

• Calculations of the costs of absenteeism should usually include:

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Employee Discipline

• Discipline

• Effective Discipline:

discipline.

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Organizational culture of avoiding discipline

Lack of support by higher management

Fear of lawsuits

Avoidance of time loss

Guilt about past behavior

Fear of loss of friendship

Reasons Why Managers Might Not

Use Discipline

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Employee Discipline (cont’d)

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FIGURE 15–9 Progressive Discipline Process

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Discharge: The Final Disciplinary Step

• Termination Process

• Separation Agreement

for specified benefits.

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