EMPLOYEE RIGHTS AND DISCIPLINE:Contractual Rights, Management Rights, Disciplining Employees,

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Human Resource Management (MGT501)

Lesson 38

EMPLOYEE RIGHTS AND DISCIPLINE

After studying this chapter, students should be able to understand the following:

A. Employee Rights

B. Disciplining Employees

LESSON OVERVIEW

Today's lecture examines employee rights and employee discipline. The concepts of employee rights,

management rights, and the employment-at-will doctrine are discussed. Some challenges managers

encounter in balancing employee rights with their own rights and responsibilities (duties) are explored.

Employee discipline is discussed, and some suggestions for managing difficult employees are offered.

A. Employee Rights

Employee rights allow them to engage in conduct

protected by laws and social sanctions. Federal and

state governments have enacted laws giving

Discrimination law

employees specific protection in their relationship

with their employer. The courts have also been

Minimum wage

Employment

willing to protect workers from wrongful discharge.

These rights include statutory, contractual, and other

Labor law

Will

rights.

Rights to privacy

B. Employee Rights

There are many laws and regulations governing

human resource management that have been created

to help define, maintain, and preserve employee

rights. Discrimination laws essentially give people the right to work without being evaluated on the basis of

non-job-relevant factors such as religion, origins, sex or race. Minimum wage legislation gives people the

right to expect a certain base level of compensation for their work. Labor laws give employees the right to

organize and join a labor union under certain prescribed circumstances. Employee rights allow them to

engage in conduct protected by laws and social sanctions. Federal and state governments have enacted laws

giving employees specific protection in their relationship with their employer. The courts have also been

willing to protect workers from wrongful discharge. These rights include statutory, contractual, and other

rights.

a) Statutory Rights

The key statutory rights can be found in laws such

in Civil Rights Acts, the Occupational Safety and

Categories of Employee Rights

Health Act (OSHA), and the National Labor

Relations Act (NLRA). These rights Protect

employees from discrimination, Safe working

conditions, Right to form unions

Statutory Rights

Contractual Rights

Other Rights

b) Contractual Rights

· Protection from

· Employment contract

· Ethical treatment

A written employment contract details the terms

discrimination

· Union contract

· Privacy (limited)

· Safe working

· Implied contracts/

· Free speech

of the employment relationship. These contracts

conditions

employment policies

(limited)

usually address such issues as seniority, due

· Right to form

unions

process, and wrongful discharge. Besides written

contracts, there are implied contracts. Employee

handbooks, employment policies, and statements

made by an interviewer or manager may be

interpreted by the courts as implied contracts.

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Human Resource Management (MGT501)

c) Other Rights

Beyond statutory and contract rights, employees may have rights to ethical treatment, limited free speech,

and limited privacy.

d) Ways Managers and Supervisors Can Influence Their Companies' Climate of

Fairness and Behavior

Take actions that develop trust, such as sharing useful information and making good on

commitments.

Act consistently so that employees are not surprised by unexpected management actions or

decision.

Be truthful and avoid white lies and actions designed to manipulate others by giving a certain (false)

impression.

Demonstrate integrity by keeping confidences and showing concern for others.

Meet with employees to discuss and define what is expected of them.

Ensure that employees are treated equitably, giving equivalent rewards for similar performance and

avoiding actual or apparent special treatment of favorites.

Adhere to clear standards that are seen as just and reasonable.

Demonstrate respect toward employees, showing openly that they care about employees and

recognize their strengths and contributions.

e) Management Rights

Management rights are the rights to run the business and to retain any profits generated. In particular, this

includes the right to direct the work force (i.e., to hire employees and set pay levels). Often, these rights are

residual. Residual rights are those remaining that are not affected by contracts or other (i.e., EEO) laws.

f) Employment at Will

It is a common law doctrine stating that employers have the right to hire, fire, demote, or promote

whomever they choose, unless there is a law or contract to the contrary and Employees have the right to

quit and got another job under the same constraints. The employment-at-will rule was adopted in the

nineteenth century. Workers were free to terminate their relationship (employment) for any reason, so the

courts deemed it fair for employers to be able to do the same. Such a rule has stacked the deck in favor of

the employer, giving wrongfully discharged employees little legal recourse. Nevertheless, employment-at-

will is limited in certain situations. These include cases of public policy exceptions, implied contracts, and

lack of good faith and fair dealing.

g) Employee Rights Challenges:

There is a thin line between the rights of employees and the rights of management. Workplace issues such

as random drug testing, electronic monitoring and whistle-blowing highlight this conflict.

a. Random Drug Testing

Companies that use drug tests must address several challenges such as establishing a policy, what to do with

false positives, how to ensure security over urine specimens, and whether alternative tests should be used

(e.g., performance tests).

b. Electronic Testing

Companies attempt to fight various forms of employee theft by electronic monitoring. To use this type of

monitoring successfully, employees should know what devices are being used, employers should create ways

in which monitoring is beneficial to the employees as well, the employer should develop appropriate policies

which are publicized throughout the company.

c. Whistle blowing

Whistle blowing means employees can notify the wrongdoings of the management. While federal employees

who blow the whistle have certain legal protections; private-sector employees are far less protected.

Because employees may decide to blow the whistle on an employer, many companies realize that it is in

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Human Resource Management (MGT501)

their best interest to establish a policy on whistle blowing.

C. Disciplining Employees

Employee discipline is a tool that managers use to communicate a need to change behavior. Traditionally,

such discipline is performed by supervisors. But, when teams are used, it may be the team's responsibility.

Two different approaches to discipline are widely used. They include progressive and positive discipline

a. Progressive Discipline

The most commonly used form of discipline, progressive discipline, consists of a series of management

interventions that gives employees opportunities to correct their behavior before being discharged.

b. Positive Discipline

Encouraging employees to monitor their own behaviors and assume responsibility for their own actions is

called positive discipline. Management still intervenes, but with counseling sessions as opposed to

punishment.

KEY TERMS

Employee Rights

Employee rights allow them to engage in conduct protected by laws and

social sanctions.

Whistle Blowing

A situation in which an employee notifies authorities of wrongdoings in

organization

Discipline

A procedure that corrects or punishes a subordinate because a rule of

procedure has been violated.

Progressive Discipline

An approach to disciplinary action designed to ensure that the minimum

penalty appropriate to the offense imposed.

Positive Discipline

Encouraging employees to monitor their own behaviors and assume

responsibility for their own actions is called positive discipline

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