chapter 13 - employee rights and discipline (7 mc) Flashcards
employment rights - employee contract
also what are the three:
Employment contract
- Executives, senior management, highly skilled/professional employees, athletes/coaches
- Terms of employment are specified (start/stop dates; compensation, severance)
three employment rights:
1. employment contract
2. collective bargaining agreements
3. employment-at-will (eaw)
employment rights - collective bargaining agreements
just cause clause will specify reasons for termination
employment rights - employment-at-will (eaw)
EAW clause acts to limit employees’ rights to their jobs
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.
EAW is governed by state laws and varies by state
wrongful discharge: discharge for reasons that are either illegal or inappropriate. Wrongful discharge lawsuits challenge employer’s rights under EAW principle to unilaterally discharge employees
exceptions to employment at-will: public policy violation
Violations of Public Policy
Wrongful discharge of an employee by an employer for refusal to commit an act that violates the law.
Examples: whistle-blowing illegal conduct, refusing to eng
exceptions to employment at-will: implied contract
Implied Contract
Wrongful discharge contrary to an employer’s oral or written promises of continued employment.
Examples: verbal statements, employee handbooks
exceptions to employment at-will: Implied Covenant/Lack of Good Faith & Fair Dealing
Implied Covenant/Lack of Good Faith & Fair Dealing
Wrongful discharge for a lack of fair dealing on part of the employer/employer acted in bad faith.
Examples: discharging an employee the day before eligible for retirement benefits
constructive discharge doctrine - job protection rights
Constructive Discharge
- An employee voluntarily terminating his or her employment due to harsh, unreasonable employment conditions placed on the individual by the employer
- ERs covertly getting someone to quit to avoid having to pay unemployment benefits or severance
- Courts have generally adopted a “reasonable person” standard for upholding constructive discharge claims
role of HR and supervisor in employee discipline
Role of HR in Employee Discipline
- To develop (with top Management approval) disciplinary policies and procedures
- To ensure that policies and action taken comply with labor agreements and current law
Role of Supervisor in Employee Discipline
- To prevent and correct disciplinary problems
- To observe and document employee behavior and performance
- To apply disciplinary action and monitor performance improvement
basic standards of discipline (5) employee discipline
- Due Process
EEs right to be heard, fair investigation
If no due process, then discipline can be overturned - Communication of rules
Publish widely, remind, signed statements
Unenforced rules cannot be enforced without notification - Documentation of facts
Proper documentation of misconduct prior to disciplining EE - Right to appeal disciplinary action
- Consistent response to rule violation
Doesn’t need to be identical responses, circumstances may justify different responses to same misconduct
approaches to discipline: progressive discipline
Progressive Discipline:
Example: Verbal warning, written warning, suspension (without pay), termination
When applying corrective measures by increasing degrees, always be sure that employees:
- Know where they stand regarding offenses
- Know what improvement is expected of ee
- Understand what happens next if improvement is not made
approaches to discipline: positive discipline
Positive Discipline
- Example: 1st conference, 2nd conference, decision making (paid) leave, termination
- Discipline that focuses on employee taking responsibility for correcting the problem
