Employee Rights and Discipline
Chapter
13
This chapter provides information to help managers respond appropriately to the difficult
challenges associated with trying to balance the sometimes conflicting goals of employee
Chapter Outline
EMPLOYEE RIGHTS AND PRIVACY
Employee Rights vs. Employer Responsibilities
Negligent Hiring
Job Protection Rights
Employment at Will
Privacy Rights
Substance Abuse and Drug Testing
Safety Sensitive Positions
Criticisms of Drug Testing
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Access to Personnel Files
HR’s Responsibility to Safeguard Personnel Information
DISCIPLINARY POLICIES AND PROCEDURES
The Result of Inaction
Setting Organizational Rules
Investigating a Disciplinary Problem
Documenting Misconduct
The Investigative Interview
Arbitration
MANAGERIAL ETHICS IN EMPLOYEE RELATIONS
Generating Interest
Refer to Figure 13.6, “Common Disciplinary Problems.” Ask for students to volunteer in a
work-related example—not using any names—from each of the four categories (attendance
1. For each example, identify the gender and approximate age of the employee and his or
her supervisor who handled the disciplinary issue.
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Dealing with Trouble Spots
Help students understand some of the difficulties associated with terminating employees. Assign
Case Study 2, “You Can’t Fire Me! Check Your Policy.” Suggested answers from the Instructors
Resource Guide are printed below:
1. What role, if any, should Mary’s past work record play in this case? Explain your
answer.
As a general rule, in termination cases for absenteeism, the seniority and past work
2. Does management have a right to know why employees refuse to work overtime? Why
or why not?
Management has no “legal right” to know why employees refuse overtime requests.
3. Evaluate the arguments of Mary Schwartz and management in this case.
Mary’s agreement that the company did not follow its published disciplinary policy is
compelling. This is particularly true where the disciplinary policy is progressive and
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4. If you were a member of the company’s peer-review complaint committee, how would
you vote in this case? What facts would cause you to vote this way?
Answers will vary. The important thing is not the answer but evidence that some
Involving Students
A good team assignment is the HRM Experience, “Learning about Employee Rights.” Assign
one topic per team and ask each team to give an oral presentation to the class (each member must