Deck 15: Employee Rights and Responsibilities

Question 1

Dealing with Workplace Bullying
Work-related responsibilities can be challenging for many employees, managers, and executives for numerous reasons. It is not uncommon for all of these people to face challenges in balancing personal and work-life demands, as well as extensive job demands. But the pressure can be increased when "bullying" by bosses or employees is present.
Bullying in workplaces occurs when people are insulted, frightened, pressured strongly by comments, or face numerous other questionable actions by others. The occurrence of bullying is extensive, according to some surveys. For instance, of more than 50 million workers surveyed, about 37% of them said they had been bullied at work. Many of the incidents were by executives, managers, or supervisors who were their bosses. Examples of bullying by bosses included criticizing employees personally with insults or yelling, and making excessive demands. In a smaller study in San Francisco, 45% of 1,000 employees said they had worked for bullying bosses. This illustrates that one important issue of HR policies is how to deal with abusive managers and supervisors.
The differentiation between a demanding, intense boss and one who is a bully is how behavior, comments, and actions are seen by employees. If a manager demands high performance of all workers, rather than just selected ones, this may not be seen as bullying. However, when a boss uses power and aggressiveness to consistently insult and irritate a few people, the boss's actions may be seen as inappropriate. Conduct that can be seen as bullying includes:
• Frequent emotional comments and outbursts
• Use of "power" for self-interest rather than for job- and employer-related issues
• Aggressively demanding tasks and results from subordinates and other managers
A growing HR legal concern is if workforce bullying violates the civil rights of protected class members. Women, racial minorities, older people, individuals with disabilities, and others may be able to file equal employment legal complaints. More than a dozen states have introduced legislation to address bullying through "healthy workplace" requirements. Some lawsuits have been won by workers who have been bullied. For instance, an Indiana hospital employee won an award because of a surgeon who communicated through screaming, cussing, clenched fists, and by other inappropriate means.
However, bullying is not limited to that done by bosses. Employees can be disciplined for how they treat customers, clients, coworkers, and even their managers. Examples include inappropriate or nasty comments, gestures, and other actions.
It is important that employers adopt and reinforce antibullying codes of conduct and policies. Additionally, training all bosses and workers about inappropriate bullying actions can help to reduce incidences of bullying. HR professionals should be proactive and take seriously individuals' complaints of bullying-related actions. Bullying has always occurred in workplaces, but now it has grown into another important R employer/ employee rights and responsibilities issue.
QUESTIONS
1. Based on your work experiences, identify examples of bullying that you have observed by managers, supervisors, and/or coworkers. Discuss what was and was not done, both appropriately and inappropriately, by your employers.
2. If you were an HR professional doing training, what content and policies regarding bullying might you present to employees and managers?

Answer 1

Bullying in the workplace can take place when people are pressured, insulted, frightened by others with strong comments or face actions from them. The examples of bullying by coworkers, managers or supervisors identified in the workplace are as follows:
• Criticizing the employees and insulting then personally with strong comments
• Yelling and making demands which is excessive and beyond the capacity of the employee
• High performance demand from the workers
• Using power and aggressiveness always when insulting and irritating a few number of people
• Appropriate action shown towards lower staffs
• Frequently throwing emotional comments and out bursting on the employees
• Power being used for self- interest by managers and supervisors
The important issues included in the employee/employer rights and responsibilities if bullying occurs in any organization are:
• Legal filing against any bullying shown towards other employees through equal legal employment complaint can be launched
• HR policies must include legislation and rights for employees in its framework strategies

Question 2

Identify how the issues of due process and just cause are linked to employer disciplinary actions.

Answer 2

The issues of just cause and due process which are linked to the employer disciplinary actions can be discussed one by one.
Due process is similar to just cause in terms of fairness. In the due process the employer must use the fair process for determining the employee wrongful acts. In that case the employer has the opportunity has all the right to explain and also defend his or her action taken. Organizational justice is one of the key aspects of the due process.
Just cause is the employment related activities which exists in order to take right employment related issues and actions thereafter. Just cause is the reasonable justification for undertaking any employment related action.
Thus it can be said that the issue of just cause and due processes are linked to the employment disciplinary actions.

Question 3

In developing a company workplace violence prevention program, management has become aware of concerns regarding a drug-free workplace. Several employees have recently come to HR requesting a leave of absence to enter a drug rehabilitation program. The managers were not aware of the substance abuse issues relating to these employees. Consequently, management recognizes that a drug-free workplace program will help improve workplace safety and health. These programs also play an important role in fostering safer and drug-free families and communities. To assist HR in developing a drug-free workplace program, visit this website at www.dol.gov/workingpartners.
What are the key components that should be included in your company's drug-free workplace program to best meet the needs of both employees and the company?

Answer 3

The key components which must be included in the company's drug free work program for meeting the best needs of both the company and the employees are as follows:
• Employers must make drug testing for every employee mandatory at regular intervals
• Random testing must be followed strictly and reports must be sent to concerned authority of health and social care department
• Performance of employees must be checked and compared
• Absenteeism for several days without informing must be reported to the respective team lead and hence detection of the cause must be surveyed
• Accurate and reliable testing procedures must be included in the health and safety act of the employees
• Mental and financial support with free checking process must be given to patients suffering
• Conducting cameras and videos for tracking the performance and behavior of individual employee should be included in the work place
• Health and safety legislation must be undertaken by organizations to bring positive and health and social care for employees

Question 4

If you were an HR professional, how would you handle the termination of a potentially dangerous employee? What policies might you create to make your organization less susceptible to wrongful termination or discrimination lawsuits?

Question 5

In developing a company workplace violence prevention program, management has become aware of concerns regarding a drug-free workplace. Several employees have recently come to HR requesting a leave of absence to enter a drug rehabilitation program. The managers were not aware of the substance abuse issues relating to these employees. Consequently, management recognizes that a drug-free workplace program will help improve workplace safety and health. These programs also play an important role in fostering safer and drug-free families and communities. To assist HR in developing a drug-free workplace program, visit this website at www.dol.gov/workingpartners.
Identify the steps a manager should take if an employee's actions create a suspicion that the employee has reported to work under the influence of substances.

Question 6

Give some examples of how technology is creating employer/employee rights and policy issues. Then suggest some possible actions that may be needed.

Question 7

Assume that as the HR manager, you have decided to prepare some guidelines for supervisors to use when they have to discipline employees. Gather the information needed, using Internet resources such as www.blr.com and www.workforce.com for sample policies and other details. Then prepare a guide for supervisors on implementing both positive and progressive discipline.