Chapter 14 HR Ethics

7/27/2019 Chapter 14 HR Ethics

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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