Fundamentals of Human

Resource Management
Ninth Edition

DeCenzo and Robbins

Chapter 4
Employee Rights and HR Communications

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Introduction
 Employee rights have become one
of the more important human
resource issues.
 The U.S. Constitution, laws, and
Supreme Court rulings have
increasingly constrained employer
actions related to employee rights.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Employment Rights Legislation
and Its HRM Implications
 Privacy Act of 1974
 Requires government agencies to make available to
employees information contained in their personnel files.
 Employees may also have the right to review letters of
recommendation made on their behalf.
 Similar state laws apply to state and private-sector
employees.
 Restrictions include employee waivers of right to review
and procedures which stipulate when and how a file can be
accessed.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

Employment Rights Legislation
and Its HRM Implications
 Privacy Act of 1974
 Computerized information systems add more
complexities and potential flexibility to
employee records.
 The Fair Credit Reporting Act of 1971
 Extension to the Privacy Act

 Requires employers to notify employees that

their credit is being checked
 Provide additional information to applicants
who are negatively affected by a credit
check.
 Information used must be job relevant.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

Employment Rights Legislation
and Its HRM Implications
 The Drug-Free Workplace Act of 1988
 requires government agencies, federal
contractors, and those receiving federal funds of
$25,000 or more to actively pursue a drug-free
environment.
 Covered organizations
 must establish and disseminate policies
 provide substance-abuse awareness programs

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

Employment Rights Legislation
and Its HRM Implications
 The Drug-Free Workplace Act of 1988
 Companies regulated by the Department of
Transportation and Nuclear Regulatory
Commission must test employees in certain
jobs for drugs.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

Employment Rights Legislation
and Its HRM Implications
 Drug-free policies must include:
 What is expected of employees
 Penalties for infractions of policies
 Substance abuse awareness programs
 Disseminated to all employees

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

Employment Rights Legislation
and Its HRM Implications
 Polygraph Protection Act of 1988
 Prohibits employers in the private sector from using
lie-detector tests in all employment decisions.
 May still be used during investigations of suspected
criminal activity
 Employees can challenge the results of a
polygraph.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

Employment Rights Legislation
and Its HRM Implications
 Worker Adjustment and Retraining
Notification Act of 1988
 Plant Closing Bill
 Protects employees from unexpected plant
closings.
 The law does recognize circumstances in which
advance notice is impossible.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

Employment Rights Legislation
and Its HRM Implications
 Worker Adjustment and Retraining
Notification Act of 1988
 Organizations employing 100 or more individuals
 60 days notice in advance
 Close the facility or lay off 50 or more workers
 Penalty
 One day’s pay and benefits for each day’s notice

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Current Issues Regarding
Employee Rights
 Drug Testing
 The severity of substance abuse in
organizations has led to use of drug testing
even by organizations not covered by the
Drug-Free Workplace Act.
 Drug testing of current employees typically:
 Offers rehabilitation to those who fail
 Communicates that drugs will not be tolerated

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Current Issues Regarding
Employee Rights
 Drug Testing
 Should be done after a job offer is made.
 Those who fail are generally no longer
considered.
 Companies are
 Moving to more precise tests by using ones that do
not involve body fluids
 Communicating clear policies and procedures
 Relating the testing program to safety and job
performance.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Current Issues Regarding
Employee Rights
 Honesty Tests
 Written tests to get applicants to reveal
information about their integrity.
 Legal alternative to polygraph
 Used to predict theft and drug use
 Multiple questions on the same topic to
assess consistency of responses.
 Should not be used as the sole criterion for
a hiring decision.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Current Issues Regarding
Employee Rights
 Whistle-blowing
 occurs when an employee reports his/her employer to
an outside agency over what the employee believes is
an illegal or unethical practice.
 Sarbanes-Oxley Act protects employees from
retaliation for reporting company wrongdoing.
 Laws protecting whistle-blowers vary by state.
 Many firms have voluntarily adopted policies to protect
employees who identify problems.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Current Issues Regarding
Employee Rights
 Employee Monitoring and Workplace
Security
 Interests are protected against
 Theft
 Revealing of trade secrets to competitors
 Using the customer database for personal gain

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Current Issues Regarding
Employee Rights
 Employee Monitoring and
Workplace Security
 Must balance these security needs with
employee rights.
 Develop and communicate policies for
monitoring
 computer
 e-mail
 telephone

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Current Issues Regarding
Employee Rights
 Workplace Romance
 Some companies try to prevent relationships
between employees because of potential
discrimination or sexual harassment issues
 Others view romance as having a positive
effect.
 Many companies have issued policies and
guidelines on how relationships at work may
exist.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 The Employment-at-Will
Doctrine
 The doctrine, based on common law, allows
employers to dismiss employees at any time
for any reason.
 Has been modified to prohibit termination
based on race, religion, sex, national origin,
age, or disability.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 The Employment-at-Will
Doctrine
 Exceptions to the Doctrine:
 Contractual relationship: A legal agreement
exists defining how employee issues are handled.
 Statutory considerations: Federal and/or state
laws can create exceptions
 Public policy violation: Employees cannot be
fired for disobeying an illegal order from the
employer

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 The Employment-at-Will
Doctrine
 Exceptions to the Doctrine:
 Implied employment contract: verbal or written
statements made by members of the
organization, such as promises of job security or
statements in an employee handbook.
 Breach of good faith: An employer breaches a
promise or abuses its managerial powers.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Discipline and Employee
Rights
 Discipline
 A condition where employees conduct themselves
in accordance with the organization’s rules and
standards of acceptable behavior.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Discipline and Employee
Rights
 Factors to consider when disciplining
 Seriousness of the problem
 Duration of the problem
 Frequency and nature of the problem
 Extenuating factors
 Degree of socialization
 History of organization’s discipline practices
 Management backing

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Discipline and Employee
Rights
 The most frequent violations requiring
disciplinary action involve
 Attendance
 On-the-job behaviors
 Dishonesty
 Outside activities

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Discipline and Employee
Rights
 Disciplinary Guidelines
 Make disciplinary action corrective rather than
punitive.
 Make disciplinary action progressive; i.e.
verbal warning, written warning, suspension,
dismissal.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Discipline and Employee
Rights
 Disciplinary Guidelines
 Follow the Hot-stove rule; i.e. immediate
response; ample warning; consistency;
impersonal.
 Allow employees to have a representative present
for disciplinary meetings.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Discipline and Employee
Rights
 Disciplinary Actions
 Written verbal warning
 Written warning
 Suspension
 Dismissal

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Workplace Spirituality
Characteristics
 Strong Sense of Purpose  Organizational members knowing why
the organization exists and what it
values
 Focus on Individual Development  Employees are valuable and need to
be nurtured to make them grow. This
also includes a sense of job security
 Organizational member relationships
 Trust and Openness
are characterized by mutual trust,
honesty, and openness
 Letting employees make work-related
 Employee Empowerment decisions that effect them; highlighted
by a strong sense of delegation of
authority
 Toleration of Employee Expression  Allowing employees to be themselves,
to express their moods and feelings
without guilt or fear or reprimand

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Employee Counseling
 This approach is most appropriate when a
performance problem is not amenable to
training and development or mentoring and
coaching.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

 Employee Counseling
 Listen to the employee to uncover the reason
for poor performance.
 Focus on performance-related behaviors
 Get the employee to accept the problem, and
work to find solutions.
 Managers are not expected to solve
employee’s personal problems
 Employee Assistance Program

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

Using Employee Communications to
Enhance Employee Rights

 Why Use an Employee Handbook?

 Helps employees learn about the company
 Provides central information source concerning
policies, work rules and benefits.
 Helps ensure that HRM policies will be fair,
equitable, and consistently applied.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

Using Employee Communications to
Enhance Employee Rights

 Why Use an Employee Handbook?

 Creates sense of security and commitment
 Can be used to provide information to
recruits.
 Caution: Use disclaimer to avoid handbook
being interpreted as implied contract.
 Must be seen as useful, concise, well-
organized and must be continually
updated.

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

Using Employee Communications to
Enhance Employee Rights
 Using Information Technology for
Employee Communications
 Provides greater flexibility and timeliness of
information.
 Networked communication - e-mail, instant
messaging, voice intranets and extranets,
and the talking Internet.
 Wireless communications - microwave
signals, satellites, radio waves and radio
antennas, and infrared light rays

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

Using Employee Communications to
Enhance Employee Rights

 Complaint Procedures
 Step 1: Employee-supervisor
 Step 2: Employee-employer relations
 Step 3: Employee-department head
 Step 4: Employee-president

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins

Using Employee Communications to
Enhance Employee Rights
 Why Companies Support Suggestion
Programs
 Allow employees to tell management what
they perceive they are doing right or wrong
 Connected to other management systems,
such as continuous improvement processes
 Suggestions must be acknowledged and
employees recognized for their efforts

Fundamentals of Human Resource Management 9e, DeCenzo and Robbins