chapter 14 hr ethics
TRANSCRIPT
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Chapter #14Ethics, Justice and Fair
Treatment
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HR faces ethical dilemmas every day
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Ethics
( What would you do if?)
Moral judgment
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Ethics and Law?
Law is not the best guide to ethical
decision making
HR must be fair and must be consistent
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What Shapes Ethical Behavior?
Individual Factors How do my ethics rate # 521
Organizational Factors
Boss Influence
Organizational culture
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Managers role
Clarify expectations
Use signs and symbols
Provide support
Use stories and ceremonies
Walk the talk
Example Southwest airlinesNew employee get balloon,
All have to learn songs and cheers in orientation
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Why treat ees fairly?
Lawsuits
Productivity
AbsenteeismHealth costs
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HR Ethical practices
Hire good people
Train train train (# 528 role of training)
Performance appraisals
Reward systems
HR IS INCLUDED IN ALL POLICYMAKING AND IMPLEMENTATION
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EE DISCIPLINE AND PRIVACY
Purpose
To encourage sensible behaviors
Three pillars1. clear rules and policies
2. system of progressive penalties
3. appeals process Look Action form # 532
Grievance form # 533
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Progressive Discipline Policy
1. Oral reminder
2. Written reminder
3. Paid one day leave
4. Last chance agreement
5. Youre fired
Purge after 1 year
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Employee Privacy
4 Main types upheld by court
Intrusion (locker rooms)
Publication of private matters
Medical records
Use of face or name for commercials
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Stats
2/3 firms monitor e-mail
3/4 firms monitor internet use
40% firms monitor phone callsMust stop when turns personal
Many video tape
Cannot tape in restrooms
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Electronic Communications Privacy Act
ECPA
Intended to protect interception or oraldand wireless communication
TWO EXCEPTIONS1. er must have legitimate business
reason
2. er was given consent by ee. Look #536 acknowledgement form
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VideotapingDressing, locker, bath rooms
Phone callsNot when calls are private
BiometricsUse of physical traits, eyes, fingerprints
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Managing Dismissals
Employ at will
This common law has been eroding
The employ at will doctrinePublic policy exception
Fired for refusing to break law
Implied contract exception misrepresented by management or handbook
Covenant of good faith exemption Must fire for good cause ( just before bonus time)
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Wrongful discharge
Ee dismissal does not comply with law
or contractual arrangement
Constructive discharge
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Two pronged approach to avoid
lawsuits #541
1. Handbooks, policy, severance pay Look #541 severance pay schedule
2. Prep work Signed termination at will statement when hired
Watch handbook for implied contract statements
Due process
Annual appraisals
Documents, keep all records of actions Advise of COBRA Rights
Is there any chance of claim of discrimination?
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How to STAY OUT OF COURT
Fair severance pay
Use respect
EE release and acknowledgments
Have clear rules to begin with
Performance appraisals
Document, document, document
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Did you know you could e sued
yourself?
Supervisory personal liabilityTwo major areas
FLSA
FMLA
NEVER NEVER FIRE WHILE ANGRY Will look to court as personalization rather than an
objective decision
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Grounds for dismissal
4 Bases
Unsatisfactory performance
Misconduct, insubordination
Look # 538
Lack of qualifications for the job
Changed requirements
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Gross Misconduct
Do not have to offer usual seveerance
package
Cobra
If
Someone harmed
Property harmed
Criminal activity
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The Termination Interview
1. Plan it well with HR support
2. Never fire on Friday
3. Get to Point
4. Describe situation
5. Listen
6. Identify next stepOutplacement
Exit interviews Look # 545
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Plant Closing Law
WARN Act
Workers Adjustment and Retraining Act
100 or more ee
50 or more to be
Give 60 days notice Penalties are severe if non compliant
Bumping
Downsizing