Human Resource Management Functions, Applications, Skill
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Human Resource Management Functions, Applications, Skill
Development by Robert N. Lussier and John R. Hendon Chapter 9
Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Before organizations can develop, discipline or
terminate individual employees and develop high-
performance teams, HR needs to understand
employee and management rights to ensure they don’t
violate those rights and develop or discipline
employees unethically or illegally.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Rights and Privileges
Rights are things a person in society is allowed
to do without any permission required from an
authority.
Privileges are things that individuals are
allowed to do, based on asking permission from
an authority.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Employee Rights – Right of Free Consent
Is the employees’ right to know what they’re being
asked to do and the consequences of that action.
� Employers must ensure that employees voluntarily
agree to do a particular job or task.
� Employers who force employees to do something
against their will, or manipulate them to do
something they would not do if they knew all of the
circumstances, violate their right to free consent.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Employee Rights
Right to Due Process
When an employer contemplates disciplinary action, employees have a right to know what they are accused of, the evidence or proof thereof, and to tell their side.
Right to Life and Safety
Is the employee’s right to be protected from harm to the best of the employer’s ability.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Employee Rights
Right of Freedom of Conscience (Limited)
Employees should not be asked to do something that violates their personal values and beliefs, as long as these beliefs generally reflect commonly accepted societal norms.
Right to Privacy (Limited)
Protects people from unreasonable or unwarranted intrusions into their personal affairs, unless the employer feels they might pose a hazard to others.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Employee Rights – Right to Free Speech (Limited)
The first amendment only applies to government agencies limiting speech; in the workplace, individual freedom of speech is limited.
�But within organizations, individuals should still be free to express concerns or discontent with organizational policies or to blow the whistle without fear of harm.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Management Rights
Are based on the necessity for the organization to protect itself and its employees from persons that might do them intentional or unintentional harm.
�Managers have to weigh the individual’s rights against the potential harm that could be done to the organization by allowing the individual to express those rights.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Management Rights
Codes of conduct – Employers have a right to create a code of employee conduct that identifies the firm’s ethics and values and serves as a guide to individual action within the firm.
Workplace monitoring – Employers have a right to monitor the workplace to ensure employees act both legally and ethically in all of the actions they take on the firm’s behalf.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Management Rights
Employment-at-will – allows the company or
employee to break their work relationship at
any point in time, with or without any particular
reason, as long as in doing so, no law is violated.
� If a firm states that employment is “at-will”, the
employer does not have to have cause (reasons) to
terminate an employment relationship with an
employee.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Management Rights
Employment-at-will – public policy exceptions
Employers cannot terminate employees for:
� Filing a legitimate worker’s compensation claim.
� Refusing to lobby for a particular political
candidate at the boss’s request.
� Refusing to violate a professional code of ethics.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Management Rights
Employment-at-will – other exceptions
� If there is an implied contract between the
employer and employee.
� The employer does something that will
benefit the firm significantly but will harm the
individual employee (“lack of good faith and
fair dealing”).
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Management Rights
Orientation (probationary) periods – give firms
time in which to assess new employees and
their capabilities, before fully integrating them
into the organization (typically 60 to 90 days).
Drug testing – generally for workplace safety,
but testing needs to be done in either a
universal or random form.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Employee Development – Coaching
Is the process of giving motivational feedback to
maintain and improve performance.
�Determining Corrective Coaching Action
� Offer training when ability holds back
performance.
� Offer motivational coaching when motivation is
lacking.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Employee Development – Counseling
Coaching fine-tunes performance; counseling and
disciplining deal with employees who don’t perform
to standards or violate a code of conduct.
Management counseling – giving employees
feedback so they realize a problem is affecting their
job performance, and referring employees with
problems that cannot be managed within the work
structure to an employee assistance program.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Disciplining
The major objective of coaching, counseling, and discipline is to change behavior.
� Secondary objectives – to let employees know action will be taken when standing plans or performance requirements are not met; and to maintain authority when challenged.
� Coaching generally should be the first step in dealing with problem employees, but if they are unwilling or unable to change, or a rule has been broken, discipline is necessary.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Disciplining
Discipline is corrective action to get employees
to meet standards and the code of conduct.
�Common offenses include theft, sexual or
other types of harassment, verbal or substance
abuse, and safety violations.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Disciplining
Just cause – seven tests for fairness and due process in disciplinary actions (that originated in union grievance arbitrations).
- Did the employee receive fair warning?
- Is the rule reasonably related to the orderly, efficient, and safe operation of the company’s business and expected employee performance?
- Did the employer validate the alleged infraction prior to administering discipline?
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Disciplining – Just cause – Seven tests (continued)
- Was the investigation conducted fairly and objectively?
- Was there substantial evidence or proof that the employee was guilty as charged?
- Has the company applied its rules, orders, and penalties even-handedly, without discrimination?
- Was the degree of discipline reasonably related to the seriousness of the employee’s proven offense and the record of the employee’s service with the company?
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Progressive Discipline
The employer provides employee with
opportunities to correct poor behavior before
the terminating the individual.
�Steps: (1) informal coaching talk, (2) oral
warning, (3) written warning, (4) suspension,
and (5) termination.
� Employee coaching, counseling and discipline
may differ in different countries and cultures.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Terminating
Is necessary when an employee cannot be made
into a productive member of the workforce.
Causes for dismissal immediately following
investigation:
Gross negligence – a serious failure to exercise care
in the work environment.
Serious misconduct – intentional behavior can
potentially cause great harm to another or the firm.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Termination of Non-managerial Employees when Offenses are not Gross Negligence or Serious Misconduct
E.g., offenses such as failure to perform the job satisfactorily even after being thoroughly trained, or continual disregard of rules or policies.
� After making the initial determination, subject the evidence to a review by another manager, legal counsel, or HR representative to ensure the decision was objective.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Termination of Managerial Employees
Follow just cause procedures, and consider:
�If the manager has a contract with the firm,
the contract typically identifies the conditions
under which the manager may be terminated.
�Managers are usually given the option to
resign rather than face termination.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Leadership Is the process of influencing employees to work toward the achievement of organizational objectives.
Leaders have to take into account contingency factors – factors that interfere with the relationship between the people and the goal.
� E.g., the leader’s personality and style; follower ability and willingness; complexity of the situation; macro-environmental external factors; organizational culture and structure.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Building Effective Work Teams
Team building is a widely-used Organizational Development (OD) technique because intra- and inter- team effectiveness affect the entire organization.
Typical team-building goals:
� Clarify team objectives and members’ responsibilities.
� Identify why the team isn’t accomplishing its objectives.
� Develop team problem-solving, decision-making, objective-setting, and planning skills.
� Develop open, honest working relationships based on trust and an understanding of group members.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
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Rights and Employee Development
Human Resource Management: Functions, Applications, Skill Development by Robert N. Lussier and John R. Hendon © 2012 SAGE Publications, Inc.
Overcoming Resistance to Change
Is one of the biggest challenges in change management.
Seven Steps
- Develop a positive trust climate for change.
- Plan.
- State why it’s needed and how it will affect people.
- Create a win-win situation.
- Involve employees.
- Provide support and evaluation.
- Create urgency.
- Human Resource Management Functions, Applications, Skill
RUBRIC
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