Discussion
Monitoring Employee Performance
Employee activity may be monitored to measure performance, ensure performance quality and customer service, check for theft, and/or enforce company rules or laws.
Research and analyze workplace monitoring and share what are the costs and benefits of implementing a tracking program? Also, please research and share the possible reactions employees might have and how human resources can help improve any negative reactions?
For full credit, include the course textbook andone journal article to support your post.
You will not be able to view your classmates posts until you post.
Yourinitial post is due by Wednesday. This allows you and your classmates time to read and reply.
Your initial post should be2-3 paragraphsin length.
Make sure to demonstrate critical thinking and analysis by using research and personal work experiences.
For full credit, you are required torespond to a minimum of two classmates. Please begin your reply by addressing the student by name. Yourresponsesmust be completed byFriday at midnight.
Please refer to the rubric for the grading requirements. You can view the rubric by clicking on the wheel in the upper right corner and selecting “show rubric.”
CHAPTER 14
Employee Rights and Responsibilities
2020 Cengage Learning . May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Learning Objectives
Explain elements of employment contracts, including noncompete and intellectual property agreements
Define employment at will and discuss how wrongful discharge, just cause, and due process are interrelated
Discuss issues associated with employee privacy, free speech, and whistle-blowing
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Learning Objectives (continued)
Analyze workplace monitoring, employer investigations, and other steps taken to ensure a safe and productive workplace
Understand the use of policies, procedures, and employee handbooks to communicate workplace behavior and performance expectations
Outline approaches to employee discipline and termination of employment
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Employee Rights and Responsibilities
Rights: Powers, privileges, or interests derived from law, nature, or tradition
Statutory rights: Result of specific laws or statutes passed by federal, state, or local governments
Equal employment opportunity
Collective bargaining
Workplace safety
Responsibilities: Obligations to perform certain tasks and duties
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Contractual Rights
Rights based on a specific contract between an employer and an employee
Employment contract: Formal agreement that outlines the details of employment
Noncompete agreement: Prohibits individuals who leave an organization from working with an employer in the same line of business for a specified period of time
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Noncompete Agreements
Employment contract clauses
Nonpiracy agreements
Nonsolicitation of current employees
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Contractual Rights (continued)
Protection of intellectual property
Right to keep trade secrets confidential
Right to have employees bring business opportunities to the employer first before pursuing them elsewhere
Common-law copyright for works and other documents prepared by employees for their employers
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Implied Contracts
Unwritten agreements created by the actions of the parties involved
Affect employment relationship
Rights and responsibilities of the employee may exist only as unwritten employer expectations about what is acceptable behavior or performance
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Rights Affecting the Employment Relationship
Employment at will (E A W)
Wrongful and constructive discharge
Just cause
Due process
Organizational justice
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Employment at Will (E A W)
Common-law doctrine stating that
Employers have the right to hire, fire, demote, or promote whomever they choose, unless there is a law or a contract to the contrary
Employees can quit at any time with or without notice
Courts have recognized certain exceptions to E A W
Public policy exception, implied contract exception, good-faith and fair-dealing exception, and statutory exception
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Wrongful Discharge and Constructive Discharge
Wrongful discharge: Termination of an individuals employment for reasons that are illegal or improper
Constructive discharge: Deliberately making conditions intolerable to get an employee to quit
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Keys for Preparing a Defense against Wrongful Discharge
Put together accurate performance evaluations
Develop documentation justifying dismissals
Provide employees with a written warning
Provide written grounds for termination decisions
Involve more than one person in the dismissal decision
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Just Cause and Due Process
Just cause: Reasonable justification for taking an employment-related action
Due process: Occurs when an employer is determining if there has been employee wrongdoing and uses a fair process to give an employee a chance to explain and defend his or her actions
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Criteria for Evaluating Just Cause
Just cause determinants
Was the employers rule reasonable?
Was the employee warned of the consequences of the conduct?
Did management investigate before disciplining?
Was the investigation fair and impartial?
Was there sufficient evidence of guilt?
Were the rules and penalties applied consistently?
Was the penalty reasonable, given the offense?
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Criteria for Evaluating Due Process
Due process considerations
How have precedents been handled?
Was the employee asked for his or her side of the story?
Is a complaint process available?
Was the complaint process used?
Did the company retaliate against the employee?
Was the decision based on facts?
Were the actions and processes viewed as fair by outside entities?
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Organizational Justice
Fairness of decisions and resource allocations in an organization
Elements
Procedural justice: Perceived fairness of the processes used to make decisions about employees
Distributive justice: Perceived fairness in the distribution of outcomes
Interactional justice: Extent to which a person affected by an employment decision feels treated with dignity and respect
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Open-Door Policy
Allows workers with a complaint to talk with someone in management
Used by union-free firms but can be mishandled
Union-free firms benefit from having formal complaint procedures that are well-defined to provide a more systematic due process for employees than do open-door policies
Unionized employees have a formal grievance procedure specified in the union contract
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Alternative Dispute Resolution (A D R) Methods
Arbitration: Uses a neutral third party to make a binding decision, thereby eliminating the need to involve the court
Compulsory arbitration: Employees waive their rights to pursue legal action until arbitration is complete
Peer review panels: Internal committees of employees that review disciplinary actions and make recommendations
Reduce lawsuits, provide due process, and lower costs
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Alternative Dispute Resolution (A D R) Methods (continued)
Ombuds: Individuals outside the normal chain of command who act as independent problem solvers for both management and employees
Mediation: Tool for developing appropriate and fair outcomes for all parties involved
Facilitative approach: Fosters communication among parties and uncovers options for settling
Evaluative approach: Points out potential weaknesses in each sides case and offers potential settlement options
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Privacy Rights
Right to privacy: An individuals freedom from unauthorized and unreasonable intrusion into personal affairs
Change in nature of privacy issues at workplace is due to:
Internet communications
Social media
Mobile devices
Telecommunication systems
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Employee Records
Employee medical records
Americans with Disabilities Act
Requires that all medical-related information be maintained separately from all other confidential files
Health Insurance Portability and Accountability Act
Includes regulations designed to protect the privacy of employee medical records
Access restrictions and security procedures
Should exist to protect the privacy of employees and protect employers from potential liability for improper disclosure of personal information
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Employees Free Speech Rights
Three situations in which employees freedom of speech might be restricted include:
Expressing controversial, divisive, and/or political views
Whistle-blowing
Using the Internet and other communication-based technology
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Expressing Controversial, Divisive, and/or Political Views
Handling concerns
Attempt informal resolution first
Outline boundaries and standards for appropriate behavior in a formalized policy that addresses work expectations
Have a signed nondisclosure privacy agreement
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Whistle-Blowing
Whistle-blowers: Individuals who report real or perceived wrongs committed by their coworkers or employers
Laws protecting whistle-blowers
Sarbanes-Oxley Act
Antiretaliation rules issued by O S H A
Equal Employment Opportunity Commission rules
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Whistle-Blowing (continued)
Key questions regarding whistle-blowing:
When do employees have the right to speak out with protection from retribution?
When do employees violate the confidentiality of their jobs by speaking out?
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Technology and EmployerEmployee Issues
Monitoring electronic communications
E-mail, social media, and text messaging cause major issues for privacy
Bring your own device (B Y O D): Employees use their own mobile devices such as smartphones and digital tablets in the workplace
H R policies on electronic communications
Should provide guidance
Employers should develop policies
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Recommended Employer Actions Regarding Electronic Communications
Develop an electronic communications policy
Communicate the policy to employees
Obtain signed permission from employees
Monitor for business purposes only
Enforce the policy through disciplinary procedures
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Employee Rights and
Personal Behavior
Counterproductive behavior
Bullying, harassment, and assault
Dress and body appearance limitations
Visible tattoos, certain clothing, and body piercings
Off-duty behavior
Misconduct, especially when wearing clothing or badges with company identification
Weapons in the workplace
Balance a safe workplace with the right to bear arms
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Workplace Monitoring
Private-sector employers can monitor, observe, and search employees
Conducting video surveillance at work
Employers should be careful so that employer rights and employee privacy do not collide
Employers should develop a policy and inform employees of the policy
Monitoring employee performance
Signed employee consent form stating that performance will be monitored regularly should be obtained from employees
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Employer Investigations
Develop a good plan to respond in crises
Specify who will conduct the investigation
Investigate problems quickly before evidence can be tampered with
Assess the credibility of individuals and information in an investigation
Use the stories and information collected to conclude the investigation and recommend any remedial steps
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Employee Theft and Fraud
White-collar theft occurs through embezzling, accepting bribes, and stealing company property
Addressing employee theft and other workplace misconduct
Conduct thorough pre-hire applicant screening and background investigations
Use honesty tests both before and after a person is hired
Use workplace monitoring to review unusual behaviors
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Employee Theft and Fraud (continued)
Develop an ethics code that outlines appropriate behaviors, and conduct ethics training
Conduct internal checks and balances and audits regularly
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Honesty and Polygraph Tests
Employee Polygraph Protection Act
Prohibits the use of polygraphs for most pre-employment screening
Requires that employees must:
Be advised of their rights to refuse to take a polygraph exam
Be allowed to stop the exam at any time
Not be terminated because they refuse to take a polygraph test or solely because of the exam results
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Negative Impacts of Substance Abuse in the Workplace
Work performance
Inconsistent work quality
Increased absenteeism
Carelessness and mistakes
Risky, unsafe acts
Personal behavior
Blaming coworkers for own errors
Complaints and excuses for time off
Deteriorating personal hygiene
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Negative Impacts of Substance Abuse in the Workplace (continued)
Avoiding colleagues
Financial costs
Inadequate production
Rework or replacement for poor quality production
Coverage for absences
Workers compensation and health care
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Substance Abuse and
Drug Testing
National Council on Alcohol and Drug Dependence estimates that 70% of people who illegally use drugs are employed
Laws that address drug testing:
Americans with Disabilities Act
Specifies that alcoholism is a disability but that dependency on illegal drugs is not
Drug-Free Workplace Act of 1988
Government contractors must try to eliminate employee drug use
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Drug Testing and Employee Rights
Policies for conducting drug tests
Random testing of all employees at periodic intervals
Testing only in cases of probable cause
Testing after accidents
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Drug Testing and Employee Rights (continued)
Test conditions
Job-related consequences outweigh privacy concerns
Accurate test procedures are available
Written consent of the employee is obtained
Results are treated confidentially
Employer offers a complete drug rehabilitation program, including an employee assistance program
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
H R Policies, Procedures, and Rules
Policies: General guidelines that help focus organizational actions
Procedures: Customary methods of handling activities
More specific than policies
Rules: Specific guidelines that regulate and restrict individuals behavior
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Shared Responsibility for Policies, Procedures, and Rules
H R unit
Designs formal mechanisms for coordinating H R policies
Assists in developing organization-wide H R policies, procedures, and rules
Provides information on application of H R policies, procedures, and rules
Trains managers to administer policies, procedures, and rules
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Shared Responsibility for Policies, Procedures, and Rules (continued)
Managers
Help in developing H R policies and rules
Review policies and rules with all employees
Apply H R policies, procedures, and rules
Explain rules and policies to all employees
Give feedback on effectiveness of policies and rules
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Employee Handbook
Physical or electronic manual that explains a companys essential policies, procedures, and employee benefits
Communicates workplace culture, benefits, attendance, pay practices, safety issues, discipline, and other critical information
Effective when written in common language rather than legalistic fashion
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Recommendations on Creating an Employee Handbook
Eliminate controversial phrases
Use disclaimers that are prominently displayed
Keep the handbook content current
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Possible Topics for an Employee Handbook
Introduction
Welcome message
Company history
Mission, vision, and values
General employment policies
Employment and labor laws
Employment status and work hours
Nondisclosure and intellectual property protections
Use of company technology/bring your own device policy
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Possible Topics for an Employee Handbook (continued)
Workplace conduct
Harassment and civility policies
Professional attire and behavior
Attendance requirements
Disciplinary procedures
Compensation and benefits
Pay grades and pay increase policy
Performance management process
Benefits eligibility
Paid time off/vacation entitlement
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Communicating H R Information
Downward communication
Flows from top management to the rest of the organization
Informs employees about what is and will be happening in the organization and what top managements expectations and goals are
Upward communication
Enables managers to learn about the ideas, concerns, and information needs of employees
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Employee Discipline
Discipline: Process of corrective action used to enforce organizational rules
Effective discipline:
Is aimed at problem behaviors, not at employees personally
Is monitored by H R to ensure that remedial actions follow corporate and legal guidelines, are appropriate, and are fair and consistent
Relies on supervisors and managers who are properly trained on when and how to use discipline
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Approaches to Discipline
Positive discipline approach
Counseling
Written documentation
Final warning
Discharge
Progressive discipline approach
Incorporates steps that become progressively more severe and are designed to change the employees inappropriate behavior
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Figure 14-9:
Progressive Discipline Process
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Challenges in Employee Discipline
At-will employment
Formally stated discipline processes can undercut at-will provisions
Fairness and consistency
Equity should be the key
Documentation problems
Documenting issues ensures the process is done correctly
Reluctance to discipline
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Employee Discipline (continued)
Reasons why managers might not use discipline
Organizational culture of avoiding discipline
Lack of support from higher management
Guilt about past behavior
Fear of loss of friendship
Avoidance of time loss
Fear of lawsuits
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Termination
Occurs when an employee is removed from a job at an organization
Occurs for numerous reasons such as excessive violations of attendance policies and behavioral issues
Treating employees with dignity and respect is an ethical approach
Separation agreement: Terminated employee agrees not to sue the employer in exchange for specified benefits
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
H U M A N R E S O U R C E
MANAGEMENT
V A L E N T I N E M E G L I C H M A T H I S J A C K S O N
S I X T E E N T H E D I T I O N CHAPTER 15
UnionManagement Relations
2020 Cengage Learning . May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Learning Objectives
Discuss what a union is and explain why employees join and employers resist unions
Outline the current state of union activity in the United States and identify several reasons for the decline in union membership
Explain the provisions of each of the major U.S. labor laws and recognize the impact of these laws and National Labor Relations Board (NLRB) rulings on nonunion workplaces
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Learning Objectives (continued)
Describe the phases of the unionization process and the typical collective bargaining process
Define a grievance and identify the stages in a dispute resolution procedure
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
3
Unions
Union: Formal association of workers that promotes the interests of its members through collective action
Employees join unions because:
They are dissatisfied with how they are treated by employers
They believe that unions can improve their work situations
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Perspectives on Unionization
Advantages
Provides a channel for feedback about employee concerns and suggestions
Balances unchallenged decision-making power of management
Increases job tenure, performance, and employee earnings
Disadvantages
Negatively impacts the allocation of organizational resources
Decreases profitability
Hurts productivity as a result of increased compensation and rigid work practices
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Factors Leading to Employee Unionization
Working conditions
Inadequate staffing
Mandatory overtime
Unsatisfactory work requirements
Unrealistic expectations
Compensation
Noncompetitive pay and inequitable pay raises
Inadequate benefits
Unfair allocation of resources
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Factors Leading to Employee Unionization (continued)
Management style
Arbitrary decision making
Use of fear/intimidation and autocratic leadership
Lack of recognition
Employee treatment
Job insecurity
Unfair discipline/policies
Lack of response to complaints
Harassment/abusive behaviors
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Why Employers Resist Unions
Unions affect how employees and workplaces are managed
Unions may create inefficiencies in the workplace that cause waste and poor performance
Union workers frequently receive higher compensation than nonunion workers
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Prevention of Unions
Develop good employment practices
Earn employee trust
Encourage employee feedback
Offer fair, competitive compensation
Build supportive supervisory relationships with workers
Ensure that both H R professionals and operating managers are attentive and responsive to employees
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Union Membership in the United States
Unions played a critical role in improving the lives of American workers
Evolved as the Industrial Revolution took hold in the early 20th century
Focused on better wages, reasonable work hours, and safer working conditions
After the Great Depression in 1929, workers gained the right to:
Form labor unions
Negotiate with their employers regarding terms and conditions of their employment
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Union Membership in the United States (continued)
Membership in unions has steadily declined since 1983
Only 10.7% of employed individuals in the United States were members of unions in both 2016 and 2017
Significant difference in membership exists between the private and public sectors
In 2017, only 6.5% of private-sector employees belonged to labor unions, whereas 34.4% of public-sector employees belonged to labor unions
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Reasons for U.S. Union Membership Long-Term Decline
Changing job conditions
Deregulation
Foreign competition
Increased right-to-work legislation
Increased use of temporary or contingent workers
Improved workplace practices
Unions no longer seen as necessary
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Reasons for U.S. Union Membership Long-Term Decline (continued 1)
Geographic changes
Firms may elect to move their operations to places that are less open to unions or to places where there is cheaper labor and fewer employment restrictions
Industrial changes
Jobs in the United States have shifted from manufacturing, construction, and mining industries to service industries
Private-sector union membership is primarily concentrated in the shrinking part of the economy
2020 Cengage Learning. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Reasons for U.S. Union Membership Long-Term Decline (continued 2)
In 2017, union representation of nongovernmental employees was h
