Chapter 21Employment, Discipline,    and Discharge                          2
Employment-at-will Doctrine – I• Employment-at-will doctrine provides employment is  at will of employer or employee.• Emp...
Employment-at-will Doctrine – II• Growing trend toward a restricted application  of the at-will employment rule whereby ri...
“…obvious and indisputable fact that in a civilizedstate where reciprocal legal rights & dutiesabound, the words "at will"...
Employment-at-will Doctrine – III• Fairly balancing rights of employee & needs  of organization complex objective• Chapter...
Employment-at-will Doctrine – IV• Embroiled in combination of legislative  enactments & judicial decisions.• Some states m...
Public Policy & Wrongful Discharge• Public Policy   – policy exception to employment-at-will doctrine     provides employe...
Public Policy Issues – I• Age• Race• Color• Religion• Sex                                     9
Public Policy Issues – II• National origin• Pregnancy• Filing of safety violation complaints  – e.g., OSHA• Union membersh...
Public Policy Issues – III• Asserting Legal Rights  Whistle-blowing  Reporting Patient Abuse      Child     Elder     ...
Termination•   “For Cause” in Employment Contracts•   Financial Necessity•   Hostile Attitude•   Improper Billing Practice...
Termination & Damages• Damages can be awarded for  Wrongful Discharge      tort      contract  Emotional Distress  Pu...
Retaliatory Discharge• People in Power Can Abuse that Power   Threats   Abuse   Intimidation   Retaliatory Discharge  ...
Fairness: The Ultimate Test• Fairness is the Ultimate Question• Implied Covenant of Good Faith                            ...
Defending a Claim            Unfair Discharge - I• minutes of pertinent meetings• written reports, typed or handwritten• p...
Defending a Claim           Unfair Discharge - II• letters, cards, and handwritten notes written on  the employee’s behalf...
Employment Disclaimers - I• An “employment disclaimer” is the denial of a  right is imputed to a person or that is alleged...
Employment Disclaimers – II      Example of “disclaimer” language1. Management reserves the right to make any changes    a...
Effective Hiring Practices – I• Clear Policies & Procedures   – hiring   – disciplining   – Terminating• P & Ps & Handbook...
Effective Hiring Practices – II•   Application•   Background checks•   Familiarity with state laws•   Interviews    – huma...
Effective Hiring Practices – III• References  – follow up with a telephone reference• Employee handbook & job description ...
Effective Hiring Practices – IV• In-service education programs  – interviewing techniques  – performance evaluations  – di...
CLEAR COMMUNICATIONS• Communicate clearly to prospective  employees  – employment is at will  – employment can be terminat...
Unemployment Compensation•   Profanity•   Threatening coworkers•   Theft•   Poor work attendance•   Voluntary termination•...
REVIEW QUESTIONS - I1. Discuss employment at-will doctrine.2. Is employment-at-will doctrine appropriatein todays society?...
REVIEW QUESTIONS - II4. What are public policy exceptions toemployment-at-will doctrine?5. Discuss questions the employer ...
REVIEW QUESTIONS - III7. Discuss why employment disclaimers are important   to the employer.8. Discuss what actions an emp...
5530: Chapter 21
Upcoming SlideShare
Loading in …5
×

5530: Chapter 21

1,863 views
1,533 views

Published on

Published in: Business, Technology
1 Comment
2 Likes
Statistics
Notes
No Downloads
Views
Total views
1,863
On SlideShare
0
From Embeds
0
Number of Embeds
15
Actions
Shares
0
Downloads
0
Comments
1
Likes
2
Embeds 0
No embeds

No notes for slide

5530: Chapter 21

  1. 1. Chapter 21Employment, Discipline, and Discharge 2
  2. 2. Employment-at-will Doctrine – I• Employment-at-will doctrine provides employment is at will of employer or employee.• Employment may be terminated either at any time – for any or no reason – unless a contract in place specifying terms & duration of employment.• Historically, termination of employees for any reason widely accepted. 3
  3. 3. Employment-at-will Doctrine – II• Growing trend toward a restricted application of the at-will employment rule whereby right of an employer to discharge at-will employee without cause – limited by either public policy considerations – or implied covenant of good faith & fair dealing. 4
  4. 4. “…obvious and indisputable fact that in a civilizedstate where reciprocal legal rights & dutiesabound, the words "at will" can never mean "withoutlimit or qualification," as so much of the discussionand the briefs of the defendants imply; for in such astate the rights of each person are necessarily &inherently limited by the rights of others & theinterests of the public. An at will prerogative withoutlimits could be suffered only in an anarchy . . . . Sides v. Duke Hosp. 5
  5. 5. Employment-at-will Doctrine – III• Fairly balancing rights of employee & needs of organization complex objective• Chapter provides some direction in this balancing act 6
  6. 6. Employment-at-will Doctrine – IV• Embroiled in combination of legislative enactments & judicial decisions.• Some states more employer oriented. – e.g., New York• Other states in harmony with constitutional rights of employee. – e.g., California 7
  7. 7. Public Policy & Wrongful Discharge• Public Policy – policy exception to employment-at-will doctrine provides employees may not be terminated for reasons contrary to public policy – public policy originates with legislative enactments 8
  8. 8. Public Policy Issues – I• Age• Race• Color• Religion• Sex 9
  9. 9. Public Policy Issues – II• National origin• Pregnancy• Filing of safety violation complaints – e.g., OSHA• Union membership 10
  10. 10. Public Policy Issues – III• Asserting Legal Rights Whistle-blowing Reporting Patient Abuse  Child Elder 11
  11. 11. Termination• “For Cause” in Employment Contracts• Financial Necessity• Hostile Attitude• Improper Billing Practice• Poor Work Performance• Alcoholism• Insubordinate Behavior 12
  12. 12. Termination & Damages• Damages can be awarded for Wrongful Discharge  tort  contract Emotional Distress Punitive Damages (not all cases) clear and convincing evidence employer acted with malice 13
  13. 13. Retaliatory Discharge• People in Power Can Abuse that Power Threats Abuse Intimidation Retaliatory Discharge Interference with Employment Activities Defamation Actions  Case: Retaliatory Discharge & Emotional Distress 14
  14. 14. Fairness: The Ultimate Test• Fairness is the Ultimate Question• Implied Covenant of Good Faith 15
  15. 15. Defending a Claim Unfair Discharge - I• minutes of pertinent meetings• written reports, typed or handwritten• personnel file• tapes (e.g., audio, video) 16
  16. 16. Defending a Claim Unfair Discharge - II• letters, cards, and handwritten notes written on the employee’s behalf from the public• personnel handbook• personnel and departmental policies and procedures books• oral testimony from fellow employees and supervisors 17
  17. 17. Employment Disclaimers - I• An “employment disclaimer” is the denial of a right is imputed to a person or that is alleged to belong to him or her• Be sure employee handbooks do not appear to be an implied contract• Disclaimers must be clear 18
  18. 18. Employment Disclaimers – II Example of “disclaimer” language1. Management reserves the right to make any changes at any time by adding to, deleting, or changing any existing policy.2. The rules set out below are as complete as we can reasonably make them. However, they are not necessarily all-inclusive, because circumstances that we have not anticipated may arise. Some currently unanticipated circumstances may warrant the application of discipline, including discharge.3. Management may vary from the above policies if, in its opinion, the circumstances require. 19
  19. 19. Effective Hiring Practices – I• Clear Policies & Procedures – hiring – disciplining – Terminating• P & Ps & Handbooks – reserve right to • add • delete • revise 20
  20. 20. Effective Hiring Practices – II• Application• Background checks• Familiarity with state laws• Interviews – human resources – supervisor 21
  21. 21. Effective Hiring Practices – III• References – follow up with a telephone reference• Employee handbook & job description – document employee read, & understood handbook & job description• Constructive performance evaluations• Progressive disciplinary action policy 22
  22. 22. Effective Hiring Practices – IV• In-service education programs – interviewing techniques – performance evaluations – disciplinary actions• Contract language• Case: Job Description Not an Employment Contract• Case: Employee References Valuable 23
  23. 23. CLEAR COMMUNICATIONS• Communicate clearly to prospective employees – employment is at will – employment can be terminated at any time• Handbooks & personnel manuals – fair & unambiguous standards 24
  24. 24. Unemployment Compensation• Profanity• Threatening coworkers• Theft• Poor work attendance• Voluntary termination• Violation of smoking policy 25
  25. 25. REVIEW QUESTIONS - I1. Discuss employment at-will doctrine.2. Is employment-at-will doctrine appropriatein todays society? Discuss your answer.3. What are pros & cons of employment-at-will doctrine? 26
  26. 26. REVIEW QUESTIONS - II4. What are public policy exceptions toemployment-at-will doctrine?5. Discuss questions the employer (supervisor)should ask prior to discharging an employee.6. Discuss legitimate reasons for terminatingan employee. 27
  27. 27. REVIEW QUESTIONS - III7. Discuss why employment disclaimers are important to the employer.8. Discuss what actions an employer can take in order to help reduce the necessity for discharging an employee.9. Discuss under what conditions unemployment compensation can be denied to a claimant. 28

×