Final Exam Flashcards
Decisions about which benefits to include should take into account:
The organization’s goals
The organization’s budget
The needs and expectations of the current and future employees
What are the only government mandated benefits
Workers Compensation and unemployment compensation
Workers Compensation
Benefits provided to persons injured on the job
Fully funded by employers through insurance
What if the injury is the employee’s fault?
Unemployment compensation
A Federal/state payroll tax that funds state unemployment systems
Employers pay fixed amount into state system, but percentage paid into federal system varies based on the number of people they “unemploy” who draw benefits
Who is eligible?
Involuntarily out of work, actively looking for employment
HIPAA
makes sure any medical information the company collect is kept private
COBRA
If you are separated from a company (fired or quit) you can participate in companies health care for up to 18 months (but you pay everything)
Wellness Program Participatory
You get benefits for telling people that you are being more healthy
There are no tests to determine if you are actually being more healthy
Wellness Program - Health Contingent
○ You get the benefit If you can show that you are benefiting your health (has to be measured or demonstrated)
FMLA Eligibility Requirements
employed for at least 12 months by the employer
employed for at least 1250 hours of service during the 12 month period prior to the leave
Employed at a work site at which the employer employs at least 50 employees within 75 miles
FMLA Benefits
Employers must allow eligible employees to take up to a total of 12 weeks of unpaid leave in a 12 month period (or 24 weeks if military situation)
Birth of a child and to care for that child
Adoption or foster placement of son or daughter
Care for a spouse, child or parent who has a serious medical condition
One’s own serious medical condition that makes the individual unable to perform the job
Employees have the right to continued health benefits and the right to return to their job or a job of equivalent status or pay.
Interpretive Issues that accompany FMLA
What constitutes 12 months of service?
What constitutes 1250 hours of service?
based on the records the company kept
if 12 months of service then 1250 hours of service is assumed unless the employer can prove otherwise
How do you calculate 50 employees within 75 miles?
most common work location or location of the supervisor and taking the customary route
Social Security Act of 1935
Established a system providing old age, survivor’s, disability, and retirement benefits.
Federal payroll tax on both the employer and the employee.
(if self employed you pay both)
Benefit payments are based on employee’s lifetime earnings.
Defined Benefit Plan (Pension)
Guaranteed retirement income based on age and length of service
Typically non-contributory (funded by employer only) in the private sector
Monitored by ERISA – Employee Retirement Income Security Act (1974)
Still around…but becoming very uncommon
ERISA – Employee Retirement Income Security Act (1974)
Requires firms to offer retirement plans to employees working 1000 hours in a period of 12 consecutive months if offered to any employees.
Accrued benefits must be paid to departing employees.
Requires minimum funding for IRS approval and purchase of plan termination insurance from the Pension Benefit Guaranty Corporation (PBGC)
Defined Contributions Plan
aka 401k, 403b
Typically contributory (funded by employer and employee)
Amount of retirement income will vary based on investment performance
Portability – the right to roll over (move) the funds to another plan
Vesting
length of time it takes to be legally entitled to employer-provided plan benefits
They contribute to the 401k but you are not entitled to the full amount until a certain amount of time
4 year vesting? 25% per year vested
Flexible Benefit plan
A plan (flex or cafeteria) that allows employees to select the benefits they prefer from groups of benefits established by the employer.
Implied Contract
The idea that a contract exists between the employer and the employee based on the implied promises of the employer.
Continued employment is implied (not recognized in all states)
Contractual Rights
Rights based on a specific contract between employer and employee.
Can be spelled out formally in written employment contracts or implied in employee handbooks and published policies
Employment Contract/ Non-compete Agreements
An agreement that formally outlines the details of employment.
Good Faith and Fair dealings exceptions to employment at wil
• It there is something that is unfair about the termination even though there employment at will and employee can get damages
If the employee is a good employee and can show that and they are fired for some unethical reason there is a possibility to get damages for their firing
There is also a public policy exception where the employee is asked to do something illegal and get fired for refusing
As long as employee does the job and is not criticized for poor performance, continued employment is implied.
Employee’s Duty of Loyalty
An employee has an obligation to not degrade the employer’s reputation, service, or products
Keys for forming a defene against wrongful discharge
Keep records of performance appraisals Maintain written records of behaviors leading to discharge Written warnings group involvement written grounds for dismissal
Just Cause
did the punishment fit the offense
Due Process
Was the employee treated fairly during the investigation?
Constructive Discharge
An employer deliberately makes working conditions intolerable for an employee in an attempt to get (to force) that employee to resign or quit.
Did working conditions become so intolerable (harassment) that a reasonable person in the employee’s position would have felt compelled to resign?
Determining liability for constructive discharge
If the employee suffers a “tangible employment outcome” because of the harassment, the employer is immediately held liable
Is constructive discharge (creating an intolerable work environment) in and of itself considered a “tangible employment outcome”?
Only if it is precipitated by “an official supervisory act” (e.g., demotion, firing, reduction in pay, transfer, etc).
Supreme Court Case: Pennsylvania State Police v. Suders, 6/14/2004
If there was no “official supervisory act” associated with the constructive discharge, an employer can still be held liable for harassment and must be able to show an affirmative defense
Ombudsmen
(Usually one persons) comes in to hear the dispute an makes a recommendation (not binding) on how to resolve the conflict
Consilliation
Have someone come in to keep the conversation going and relieve the tension between the parties
Keeps communication open and less tense
Mediation
More directive
3rd party comes in hears the issues and makes a recommendation as to how to proceed
Weyco Case Main Details
Weyco, Inc.(Michigan) implemented no-smoking policy on or off the job
As of January 1st, 2005 anyone who smokes or refuses to take a nicotine test were eliminated
Policy was announced in 2003 giving smokers 18 months notice
Cessation programs were made available
Goals: cut down on health care costs, improve the health status of employees
Positive Dicipline
Counseling
Written Documentation
Final Warning (decision day-off)
Discharge
more focused on correcting than punishing
Progressive Dicipline
Verbal Caution>Written Reprimand>Suspension>Discharge
progressively upping the punishments
Weingarten Rights
Allows employees to have the right to bring a coworker (not a lawyer) to an investigatory interview conducted by HR or Management
These rights do not apply to meetings in which the disciplinary decision is communicated
Prior to 2000, these applied only to union employees
In July of 2000, the NLRB extended the Weingarten rights for all union and non-union employees
….but the NLRB reversed this decision in June 2004
Recently (January 2005) the NLRB noted that an employee has the right to request a witness and cannot be disciplined for making this request
The Hot Stove Rule
It provides a warning (feels hot)
It is consistent (burns every time)
It is immediate (burns now)
It is impersonal (burns all alike)
Separation Agreement
An agreement in which a terminated employee agrees not to sue the employer, in exchange for specified benefits.
Types Of performances Information
Trait Based - Attitude Initiative Creativity
Behavior Based - Verbal Persuasion, timlieness of response, Decision making
Results Based - Sales Made, Customer Satisfaction, Cost Reduction
Venn Diagram for the relevance of performance criteria
Information required for the job to be done well
and the information that is measured by the performance Appraisal
You want them to ideally be completely overlapping
Criterion Deficiency
Not everything that is required for the job is measured by the performance appraisal
Criterion Contamination
The performance appraisal measures things that are not required by the job
Gillis Vs Georgia Dept of correction
• 1,2,3 rating based on performance 1-below expected 3-exceed expectation
• Raise directly based on rating 0%-1 2%-2 5%-3
• Overheard bosses talking negatively about African Americans
• Boss told her that there was nothing she could do to get the 3 rating
• Need to show and adverse employment outcome
○ Originally did not meet the requirements for adverse employment outcome
○ Eventually won in supreme court
• Could be bad to have raises so strongly linked to PA scores
Informal Appraisal
Day-to-day contacts, largely undocumented
Regular feedback is critical for keeping employees on-track and motivated
Systematic Appraisal
Formal contact at regular time intervals, usually documented
Supervisor role in PA
Conduct objective appraisals
Are familiar with appraisal techniques, potential biases and how to avoid them
HR Role in PA
Defines policies
Advises, supports, and assists
Trains and monitors
Types of Appraisal Formats
Category Rating Methods
Graphic Rating Scales
Narrative
Critical incidents, essays
Comparative Methods
Ranking
Forced Distribution
Behavioral/Objectives Methods
Behavioral rating approach (BARS)
Management By Objectives
Behavioral Anchored Rating Scale
Graphic rating scale where the rankings are tied to behavior descriptions
Management By Objectives
Job review and agreement> Develoment of performance standards> Objective Setting>Continuing Performance discussions
Managers work with above bosses to determine objectives
What a strategic training plan entails
Is there really a need for the training?
Who needs to be trained?
Who will do the training?
What form (method of delivery) will the training take?
How will knowledge be transferred to the job?
How will the training be evaluated?
Steps in Systematic Training Process
Training Needs Assessment
Training Design
Training Delivery
Evaluation
Organizational Analysis
Grievances, Accidents, Waste/scrap, Training Observations, Observations, Complaints, Exit Interviews, Equip Use
Job/ Task Sources
Employee KSA’s and Job Specs
Individual analysis sources
Tests, Records, Assessment centers, Questionaires, Surveys, Job knowledge tools, Performance Appraisals
Types of training objectives
Knowledge: Impart technical and/or job-specific information (e.g., learn the organization’s anti-harassment policy).
Skill: Develop behavior changes in how job or tasks are performed (e.g., learn how to operate a new piece of equipment).
Attitude: Create interest and awareness in an issue (e.g., generate excitement about an upcoming organizational change).
Tactile Style Of training
structured exercise, practice, hands-on
Reaction Level of Evaluation Measurement
attitudes, do participants like it?
Learning Level of Evaluation Measurement
knowledge, do participants know and understand the concepts?
Behavior Level of Evaluation Measurement
are participants engaging in new behaviors on the job?
Results Level of Evaluation Measurement
what has the organization gained (such as lower cost, higher productivity, decreased turnover, increased sales, improved quality)?
Differences Between Training and Development
Training
Shorter term and focuses more on specific behaviors and actions techniques and processes
Development
Longer term understanding concepts and context and judgement
Dual Career Couples
Problems occur when one partner is promoted or transferred, causing the other partner to have to relocate.
Technical and Professional Workers
Dual-career ladders provide advancement pathways for specialists and technical employees.
* A lot of times they don't want to become a manager because it takes them away from their technical work * Have a second career path for them that does not take them from the technical work * They are known for being job hoppers (because they can if they are not happy)
Important to keep them because they are immediately noticed if they leave
Succession Planning
The process of identifying a longer-term plan for the orderly replacement of key employees
Managerial modeling
Watching
Management coaching
Interacting
Management mentoring
Relationship
