Employee Rights & Discipline

Contractual Rights
Key Terms
Contractual Rights Rights based on a specific contractual
agreement between employer and employee.

Separation Agreement Agreement in which an employee who is

being terminated agrees not to sue the
employer in exchange for specified benefits.

Employment Contract Agreement that formally outlines the details

of employment.

Non-Compete An agreement that prohibits an individual

Agreement who leaves the organization from competing
with the employer in the same line of
business for a specified period of time.

Implied Contract The idea that a contract exists between the

employer and the employee based on the
implied promises of the employer.
 Rights Affecting the
Employment Relationship
• Employment-at-Will (EAW)
 A common law doctrine stating that employers have
the right to hire, fire, demote, or promote
whomever they choose, unless there is a law or
contract to the contrary.
 Employees have the right to quit and get another
job under the same constraints.
• Wrongful Discharge
 Termination of an individual’s employment for
reasons that are improper or illegal.
 Just Cause

• Just Cause
 Reasonable justification for taking
an employment-related action.
• Constructive Discharge
 An employer deliberately makes
working conditions intolerable for an
employee in an attempt to get (to
force) that employee to resign or
quit.
 Due Process
• Due Process
 The means used for individuals to explain
and defend their actions against charges or
discipline.
.
 Third-party Dispute
Resolution
• Mediation
 The use of an impartial neutral to reach a
compromise decision in employment
disputes
• Mediator
 A third party in an employment dispute
who meets with one party and then the
other in order to suggest compromise
solutions or to recommend concessions
from each side that will lead to an
agreement.
 Third-party Dispute
Resolution (cont’d)
• Arbitration
 The use of an impartial neutral party
as decision maker to resolve an
employment labor dispute by
imposing a binding final decision on
all parties involved in the dispute.
• Arbitrator
 Third-party neutral who resolves a
labor dispute by issuing a final
decision in the disagreement.
Employee Discipline
 Employee Discipline

•Discipline
 A form of training that enforces
organizational rules.
•Positive Discipline Approach
1.Counseling
2.Written Documentation
3.Final Warning
4.Discharge
 Common Disciplinary
Problems
ATTENDANCE PROBLEMS
• Unexcused absence
• Chronic absenteeism
• Unexcused/excessive tardiness
• Leaving without permission
DISHONESTY AND RELATED PROBLEMS
• Theft
• Falsifying employment application
• Willfully damaging organizational
property
• Punching another employee’s time
card
• Falsifying work records
WORK PERFORMANCE PROBLEMS
• Failure to complete work assignments
• Producing substandard products or
services
• Failure to meet established production
requirements
ON-THE-JOB BEHAVIOR PROBLEMS
• Intoxication at work
• Insubordination
• Horseplay
• Smoking in unauthorized places
• Fighting
• Gambling
• Failure to use safety devices
• Failure to report injuries
• Carelessness
• Sleeping on the job
• Using abusive or threatening
language with supervisors
• Possession of narcotics or alcohol
• Possession of firearms or other
weapons
• Sexual harassment
 A Disciplinary Model
Organization Violation of Investigation
Definition of
discipline organizational of employee
discipline
policy rules offense

Disciplinary Progressive
Due Process Just cause
Interview discipline

Discharge
 Setting Organizational
Rules
Publish Widely Keep in Writing
Guidelines
for the
Review Regularly Implementation Be Reasonable
of Organizational
Rules
Explain Reasons Remind/Restate

Get Signed Statements

of Understanding
 Discharge: The Final
Disciplinary Step
• Handling Discharges
 Provide discharge warning at last disciplinary step
before termination.
 Provide the employee with written notice of the
discharge that clearly states the reason(s) for the
discharge decision, do not try to “sugarcoat” the
reason(s).
 Have an HR representative attend the termination
meeting as a witness.
 Inform the employee of HR or benefits issues.
 Maintain a professional demeanor at all times.