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A. Workplace Violence
Workplace violence involves violent acts directed at someone at work or on duty.
The increase in workplace violence has led many employers to develop policies and
practices for trying to prevent and respond to it. Policies can identify how workplace
B. Security Management
A comprehensive approach to security management is needed to address a wide range of
Security Audit
A security audit is a comprehensive review of organizational security. Sometimes
called a vulnerability analysis, such an audit uses managers inside the organization
Typically, a security audit begins with a survey of the area around the facility. Factors
such as lighting in parking lots, traffic flow, location of emergency response services,
Controlled Access
A key part of security involves controlling access to the physical and electronic
facilities of the organization. Many workplace homicides occur during robberies.
Therefore, employees who are most vulnerable, such as taxi drivers and convenience
C. Employee Screening/Selection and Security Personnel
A key facet of providing security is screening job applicants. HR management is
somewhat limited by legal constraints on what can be done, particularly regarding the
Providing adequately trained security personnel in sufficient numbers is another
important part of security management. Many employers contract with firms
VIII. Disaster Preparation and Recovery Planning
During the past several years, many significant disasters have occurred. Some have been
A. Disaster Planning
For effective disaster planning to occur, the three components shown in Figure 9-5 must
be addressed.
Organizational assessment includes establishing a disaster-planning team, often
composed of representatives from HR, security, information technology, operations, and
other areas. The purpose of this team is to conduct an organization-wide assessment of
Planning efforts are ineffective if managers and employees are not trained on what to do
when disasters occur. Such training covers a wide range of topics, including:
First aid/CPR
Hazardous materials containment
Employer contact methods
B. Disaster Planning for Disease
One important issue in disaster management during the past few years has been the
spread of various kinds of viruses and flu throughout the world. The global nature of
IX. Employer and Employee Rights and Responsibilities
Rights are powers, privileges, or interests derived from law, nature, or tradition. Of course,
defining a right presents considerable potential for disagreement. Statutory rights are the
Rights are offset by responsibilities, which are obligations to perform certain tasks and
duties. Employment is a reciprocal relationship in that both the employer and the employee
A. Contractual Rights
When individuals become employees, they encounter both employment rights and
responsibilities. Those items can be spelled out formally in written employment
Employment Contracts
An employment contract is a formal agreement that outlines the details of
employment. Depending on the organization and individuals involved, employment
Noncompete Agreements
Employment contracts may include noncompete agreements, which prohibit
individuals who leave an organization from working with an employer in the same
B. Implied Contracts
The idea that a contract (even an implied or unwritten one) exists between individuals
and their employers affects the employment relationship. The rights and responsibilities
of the employee may exist only as unwritten employer expectations about what is
acceptable behavior or performance on the part of the employee. When the employer
fails to follow up on the implied promises, the employee may pursue remedies in court.
X. Rights Affecting the Employment Relationship
As employees have increasingly regarded themselves as free agents in the workplace and
as the power of unions has changed in the United States, the struggle between individual
employee and employer “rights” has become heightened. Employers often do not fare well
A. Employment-at-Will (EAW)
Employment-at-will (EAW) is 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 a
Wrongful Discharge
Employers that run afoul of EAW restrictions may be guilty of wrongful discharge,
which is the termination of an individual’s employment for reasons that are illegal or
Constructive Discharge
Closely related to wrongful discharge is constructive discharge, which is
deliberately making conditions intolerable to get an employee to quit. Under normal
B. Just Cause
Just cause is reasonable justification for taking employment-related action. The need
C. Due Process
Due process, like just cause, is about fairness. Due process is the requirement that the
employer use a fair process to determine if there has been employee wrongdoing and
that the employee has an opportunity to explain and defend his or her actions. How HR
D. Work-Related Alternative Dispute Resolution (ADR)
Disputes between management and employees over different work issues are normal
and inevitable, but how the parties resolve their disputes are important. Open-door
policies, formal grievance procedures, and lawsuits provide several resolution methods.
Arbitration
Arbitration is a process that uses a neutral third party to make a binding decision,
thereby eliminating the necessity of using the court system. Some firms use
Peer-Review Panels
Some employers allow their employees to appeal disciplinary actions to an internal
committee of employees. This panel reviews the actions and makes
Ombuds
Some organizations ensure process fairness through ombuds—employees outside
the normal chain of command who act as independent problem solvers for both
Mediation
Ombuds, as well as other individuals and groups who oversee dispute cases, will
sometimes use mediation as a tool for developing appropriate and fair outcomes for
XI. Managing Individual Employee and Employer Rights Issues
Employees who join organizations in the United States bring with them certain rights,
including freedom of speech, due process, and protection against unreasonable search and
Employers have legitimate rights and needs to ensure that employees are doing their jobs
and working in a secure environment, while employees expect their rights, both at work
A. Privacy Rights and Employee Records
As a result of concerns about protecting individual privacy rights in the United States,
Employee Medical Records
Recordkeeping and retention practices have been affected by the Health Insurance
Portability and Accountability Act (HIPAA) provisions of the ADA. As interpreted
by attorneys and HR practitioners, this provision requires that all medical-related
Security of Employee Records
It is important to establish access restrictions and security procedures for employee
records. These restrictions and procedures are designed to protect the privacy of
Electronic Records
Another concern is how electronic records are maintained and secured, given the
changes in software, e-mail, and other technology means. Employers should
B. Employees’ Free Speech Rights
The right of individuals to freedom of speech is protected by the U.S. Constitution.
However, that freedom is not an unrestricted one in the workplace, so employees and
companies need to be aware of appropriate boundaries. Three situations in which
Employee Advocacy of Controversial Views
Questions of free speech arise over the right of employees to advocate controversial
viewpoints at work. Employers must follow due process procedures and demonstrate
Whistle-Blowing and Employee Protection
Individuals who report real or perceived wrongs committed by their employers are
called whistle-blowers. There are laws that protect whistle-blowers in the corporate
Technology and Employer-Employee Issues
The extensive use of technology use by employers and employees is constantly
C. Employee Rights and Personal Behavior Issues
Another area employers should watch is employee personal behavior. Employers may
XII. Balancing Employer Security and Employee Rights
Balancing employer and employee rights is difficult. On the one side, employers have a
legitimate need to ensure that employees are performing their jobs properly in a secure
A. Workplace Monitoring
In the United States, the right of protection from unreasonable search and seizure only
protects an individual against activities of the government. Thus, employees of private-
Numerous employers have installed video surveillance systems in workplaces.
Employers use these systems to ensure proper security within the work environment.
Employee activity may be monitored to measure performance, ensure performance
B. Employer Investigations
Another area of concern regarding employee rights involves workplace investigations.
The U.S. Constitution protects public-sector employees in the areas of due process,
C. Substance Abuse and Drug Testing
Employee substance abuse and drug testing have received a great deal of attention.
Drug Testing and Employee Rights
Unless federal, state, or local law prohibits testing, employers have a right to require
generally use one of three policies:
Random testing of everyone at periodic intervals
Testing only in cases of probable cause
From a policy standpoint, it is most appropriate to test for drugs when the following
conditions exist:
Job-related consequences of the abuse are severe enough that they outweigh
Accurate test procedures are available.
Employer offers a complete drug rehabilitation program, including an
XIII. Human Resource Policies, Procedures, and Rules
HR policies, procedures, and rules greatly affect employee rights and discipline. Where
there is a choice among actions, policies act as general guidelines that help focus those
Procedures provide customary methods of handling activities and are more specific than
A. Employee Handbooks
An employee handbook can be an essential tool for communicating information about
workplace culture, benefits, attendance, pay practices, safety issues, and discipline.
Handbooks may contain many areas, but some policies commonly covered in them
include the following:
At-will prerogatives
Harassment policies
Electronic communication
B. Communicating Human Resource Information
HR communication focuses on the receipt and dissemination of HR data and
information throughout the organization. Downward communication flows from top
management to the rest of the organization, informing employees about what is and will
XIV. Employee Discipline
Discipline is a form of training that enforces organizational rules. Those most often
affected by the discipline systems may be problem employees. Common disciplinary issues
A. Approaches to Discipline
The disciplinary system can be viewed as an application of behavior modification to a
problem or unproductive employee. The best discipline is clearly self-discipline and
Positive-Discipline Approach
The positive-discipline approach builds on the philosophy that violations are actions
that usually can be corrected constructively without penalty. In this approach,
Progressive-Discipline Approach
Progressive-discipline incorporates steps that become progressively more stringent
and are designed to change the employee’s inappropriate behavior. Figure 9-7 shows
B. Discharge: The Final Disciplinary Step
The final stage in the disciplinary process may be called discharge, firing, dismissal, or
