gomez_mhr05_im_14 - Part Six Chapter 14 Respecting Employee...

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Part Six Chapter 14 Respecting Employee Rights and Managing Discipline CHAPTER OVERVIEW (PPT 14.1- 14.3) This chapter 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. The chapter concludes with a discussion of how the HR department can support managers faced with employee discipline issues. ANNOTATED OUTLINE I. Employee Rights 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 (PPT 14.4) The key statutory rights can be found in laws such as Title VII of the Civil Rights Acts (1964), the Occupational Safety and Health Act (OSHA), and the National Labor Relations Act (NLRA). B. Contractual Rights (PPT 14.4) A written employment contract details the terms of the employment relationship. These contracts usually address such issues as seniority, due process, and wrongful discharge. Besides written contracts, there are implied contracts. Employee handbooks, employment policies, and statements made by an 194
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Part Six interviewer or manager may be interpreted by the courts as implied contracts. C. Other Rights (PPT 14.5) Beyond statutory and contract rights, employees may have rights to ethical treatment, limited free speech, and limited privacy. II. Management Rights (PPT 14.6) Management rights are the rights to run the business and to retain any profits generated. In particular, this includes the right to direct the workforce (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. A. Employment-at-Will The employment-at-will rule was adopted by the U.S. courts 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. III.
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This note was uploaded on 03/22/2009 for the course MANAGEMENT 5689-9856 taught by Professor Nialamnu during the Fall '08 term at Indiana State University .

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gomez_mhr05_im_14 - Part Six Chapter 14 Respecting Employee...

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