Deck 15: Employee Rights and Responsibilities

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Question
Building Cars by Building Workers
As a leader in the industrial revolution, Henry Ford had a unique approach to managing workers in his automobile assembly plants. In the early 1900s, he doubled workers' pay to $5 per day in an effort to reduce turnover. He also did so because he had a sincere interest in their well-being.
Henry Ford's interest in his employees' health and security went well beyond the factory floor. He required that his workers be "thrifty and neat." He created a group within the company called the Sociological Department whose job it was to visit employees at home and help them manage their household finances and family health. Eventually, the department had over 200 agents who worked with Ford's 13,000 employees, many of whom were immigrants seeking to improve their lot in life.
Ford's assembly line workers had to obtain authorization from the Sociological Department if they wished to buy a car. They would be quizzed on their family status (whether they were married and had children), any outstanding debts, and whether they had life insurance. Only after proving their financial security were they granted permission to buy a car. Ford also provided the services of a legal team whose lawyers would help workers with issues ranging from buying a home to obtaining U.S. citizenship-all at no cost to the employee.
Jobs at Ford were highly coveted, and Ford Motor Company was viewed as an employer of choice because it paid the highest wages in the automotive industry. The paternalistic approach of Henry Ford has long since disappeared at the company, and the automotive industry has moved forward in the hundred years since the Sociological Department checked in on workers and helped them become good employees and good citizens in their communities. Consider Ford's humanitarian way of dealing with his employees as you answer the following questions:
How did Ford's approach to employee relations impact employees? Do you think it was to their advantage or disadvantage for the company to take such an active interest in their lives?
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Question
Caught in the Crosshairs
Finding a way to balance the individual right to bear arms with the requirement to create a safe workplace can challenge human resource professionals, and gun control is certainly a controversial political topic. However, employers have legitimate concerns about weapons in the workplace for practical and business reasons. Three-fourths of all workplace fatalities are related to guns, and many tragic incidents of worker-committed gun violence have occurred in recent years.
The Second Amendment of the U.S. Constitution protects a citizen's right to own and bear arms and, as mentioned earlier, 20 states have enacted laws that allow employees and others to carry firearms on an employer's premises. Some of these laws specifically address concealed weapons and affirmatively permit storing firearms in a privately owned vehicle in an employer's parking lot. The courts have found that such laws are not pre-empted by OSHA's general duty clause. This leaves employers to find a way to satisfy these competing mandates.
Important things to determine include:
1. How does the company define the term weapon ? Is it only guns, or do other weapons such as knives or machetes also qualify as weapons?
2. How does the company define the term workplace ? Does the workplace include an employer's parking lot?
3. If the company decides to permit firearms in employees' vehicles, what measures will be put in place to minimize risks? Must all weapons be locked in a vehicle's trunk? Must ammunition be kept separately from the firearm itself?
4. If security guards are authorized to carry weapons, what steps are taken to ensure that they are properly screened and trained?
This is an evolving and controversial issue. HR professionals should stay informed about legislation in all states in which the organization has employees and operations. The primary consideration should be for a safe workplace for everyone. Employers should continue to monitor court rulings and address the issue proactively. Based on these issues, consider the following questions:
How do you feel about the right to bear arms and whether companies should be limited in restricting employees from having weapons on the premises?
Question
How Special Is That Sandwich?
Companies have every right to protect their intellectual property and trade secrets. In fact, they have a responsibility to shareholders to do so because this proprietary information is often the source of competitive advantage. Careful safeguarding of secrets is an important part of ensuring the sustainability of the firm.
But what exactly qualifies as a trade secret? For instance, one fast food company advertises its "secret sauce," and a producer of baked beans' "secret family recipe" has been widely featured in its television commercials. Would anyone argue that the search algorithm developed and used by Google is a trade secret? Probably not. Trade secrets are pretty broadly defined and can include things like customer lists, recipes, formulas, and software. So, is a sandwich recipe a trade secret? Jimmy John's management certainly thinks so. The recipe consisting of a quarter pound of roast beef with provolone cheese on a pita is a trade secret in the company's eyes.
The New Jersey-based sandwich company requires all of its workers-including entry-level workers who are earning starting wages-to sign a stringent "noncompetition" clause as part of the hiring process. When employees sign the agreement, they agree not to work "at any business which derives more than 10% of its revenue from selling submarine, hero-type, deli-style, pita and/or wrapped or rolled sandwiches." That would seem to cover an awful lot of establishments, from direct competitors in the food industry to the gas stations, convenience stores, and the neighborhood hospital cafeteria.
Former employees are prohibited from working in such a place for two years after they leave Jimmy John's employment. The geographic limit is set at three miles of either the Jimmy John's location where the individual previously worked or any other Jimmy John's shop (there are 2,000 U.S. store locations). That's a fairly broad swath of geography. Because Jimmy John's operates in 43 states, it is difficult to state without exception that the noncompete clause would not be upheld in a court proceeding. However, most legal experts believe that it is overly broad and the company would be unlikely to prevail in a lawsuit. It hasn't been tested in court yet.
Why would a company implement and require such a tough restriction on low-wage workers? That is anybody's guess, and the company's management wouldn't respond to reporters who uncovered the story. So, we can only speculate on why such a policy exists. Lawmakers have become interested in the case because it appears to almost border on intimidation and bullying of workers. Companies are certainly free to set policies and practices to protect legitimate business concerns. But it seems to be a stretch to consider meat, cheese, and bread as anything special that needs the special protection of a noncompete agreement.
Based on your understanding of this case, what possible reasons could Jimmy John's management have for adopting this policy? If you were the HR manager at Jimmy John's, what pros and cons would you point out to management in terms of the effect of having this policy?
Question
Identify how overreliance on the employmentat- will doctrine can create problems for supervisors and employees. What are the ramifications if companies default to EAW rather than dealing directly with employee conduct problems?
Question
Is Somebody Out There Watching Me?
Employers have a right to expect that employees who are on the clock are performing their job duties in a safe and efficient manner. Employees, on the other hand, prefer to work free from scrutiny and invasive management oversight. The two parties' expectations can put them on a collision course for employee relations problems.
Companies in trucking and service industries have started to utilize GPS technology to track drivers' movement and operating practices. Over 37% of service-related companies track their workers' locations using either handheld devices or their vehicles. Tracking can be used to improve customer service by notifying clients that a service technician is on the way or to verify that service was provided. It can also be used to uncover employee misconduct or unsafe driving practices.
Sophisticated tracking software can record if drivers brake too hard or speed. If a driver is too close to another vehicle, the software can intercede by slowing down the truck. In addition to using this type of tracking to discipline employees, some firms also use it to identify and reward drivers who demonstrate exemplary driving habits.
There are few regulations limiting employers' ability to track employees, and no federal laws prohibit employers from using GPS. Further, with the exception of Delaware and Connecticut, there is no requirement that employers even tell workers that they are being tracked. However, keeping silent about tracking endangers the trust that employees have in their employers. There is also a benefit of letting workers know that they are being monitored, as it might deter them from breaking the rules. The owner of Accurid Pest Solutions says that since instituting monitoring, his drivers now call the dispatch center if they have to pull off the road or change their routing.
Employers and employees work hard to maintain a safe, productive work environment. Tracking worker activities should be done with consideration for both sides of the issue and using an approach of fairness and respect. After reading about this practice, answer the following questions:
What are the costs and benefits of implementing a tracking program but not telling employees about it? Should companies tell employees that their actions are being tracked?
Question
Setting Up an Alternative Dispute Resolution Process
Creating an internal process to settle employmentrelated disputes and conflicts can benefit both the organization and its employees with faster resolution of complaints and issues. An alternative dispute resolution (ADR) process can address issues such as employee discipline matters, violations of policy, and employment termination decisions.
ADR can take a number of forms, including arbitration, peer review, ombuds, and mediation. It is not necessary to include all forms of ADR-managers can choose the approaches that make the most sense for the organization. Here are some suggested steps in developing an ADR process:
1. Determine the organization's readiness for ADR. Is ADR consistent with the organization's culture and other HR processes? There needs to be a good match between culture and process for ADR to work.
2. Identify key stakeholders among both formal and informal leaders. Top executives must support an ADR program. Don't ignore the informal leaders, since they can influence the rest of the employees, and their support is critical.
3. Research the various ADR options to determine which ones are the best fit for the organization. For example, peer review is most successful when there is a high level of trust within the workforce.
4. Design the program by using a crossfunctional team that includes HR, line managers, and senior managers. This way, input from many different areas of the organizations is provided.
5. Get feedback from employees on the initial design. Use focus groups, town hall meetings, suggestion systems, or email polls. Share all the details so that employees can effectively evaluate the process.
6. Design the rollout strategy and communication plan. Determine whether to "go live" right from the start or to use a pilot test of the process first. Decide how to get the word out to managers and employees so that they understand how the process works and what types of disputes are appropriate to bring to the ADR process.
7. Remind employees about the process periodically, such as once a year, so that they know it is operational and effective.
ADR can be effective only if all managers and employees understand the process and trust it to resolve their issues. The benefits it can provide mean that employers and employees will not be tied up in a lengthy, drawn-out process of resolving problems. Speedy, fair resolution allows everyone to move on from a situation and get back to productive work. As you consider the process of ADR, discuss these questions:
Have you worked at a job where ADR was used? If so, what type of ADR was there, and how effectively did it work?
Question
Taking Your Handbook Online
Moving from a paper handbook to a digital one can help companies cut costs, make updates easier and quicker, and provide employees with a more interactive format. Before jumping in and simply copying all the content from paper to digital form, HR professionals and other managers should take some time to plan for a smooth transition. The following steps can help make the process go smoothly:
1. Put the acknowledgment up front. Set up the handbook so that employees must first read all disclaimers and complete an acknowledgment before gaining access to the handbook contents.
2. Require employees to log in. Required use of company passwords and sign-on credentials limits access to this internal document to those who have a legitimate right to read it. The handbook is not generally made available to those outside the company.
3. Link handbook content to relevant information. A powerful use of online handbooks is linking related documents and information for employees. For example, in the section that discusses payroll, link to tax withholding forms to make it easy for employees to find the correct documents.
4. Include email and telephone contact information for HR staff. Many employees prefer to contact HR to ask questions or get clarification of policies or benefits. Make HR easy to reach so that employees see the staff as supportive and available.
5. Proofread everything before it goes "live." Model good practice and verify spelling, grammar, and punctuation before releasing content. The handbook should represent the professional image of HR and the company. Test all the hyperlinks and keep them current if linked content is moved or changed.
6. Notify employees of the change. Announce the change to an online handbook in a way that ensures all employees will know about the new format. Consider a mandatory sign-on within the transition period and required acknowledgement. Check in with employees that don't respond so that you can answer any questions they may have.
7. Immediately notify employees of changes. Be sure to develop a process for maintaining the handbook and letting employees know when things change. While an online handbook can be easily updated, it is critical that employees are notified when important changes are made to policies and procedures.
8. Keep a few printed copies available. Some employees are not comfortable with technology and may prefer a hard copy of the handbook. Print a few and let employees know that they are available on an "asrequested" basis. Be sure that the printed copies always reflect the most up-to-date version of the handbook.
Using technology to disseminate policies and other important employment information can be efficient and effective. Consider the following questions about online handbooks:
What are some of the interactive features that you would incorporate into an online employee handbook? How do you think these features would enhance employee use of the handbook?
Question
Building Cars by Building Workers
As a leader in the industrial revolution, Henry Ford had a unique approach to managing workers in his automobile assembly plants. In the early 1900s, he doubled workers' pay to $5 per day in an effort to reduce turnover. He also did so because he had a sincere interest in their well-being.
Henry Ford's interest in his employees' health and security went well beyond the factory floor. He required that his workers be "thrifty and neat." He created a group within the company called the Sociological Department whose job it was to visit employees at home and help them manage their household finances and family health. Eventually, the department had over 200 agents who worked with Ford's 13,000 employees, many of whom were immigrants seeking to improve their lot in life.
Ford's assembly line workers had to obtain authorization from the Sociological Department if they wished to buy a car. They would be quizzed on their family status (whether they were married and had children), any outstanding debts, and whether they had life insurance. Only after proving their financial security were they granted permission to buy a car. Ford also provided the services of a legal team whose lawyers would help workers with issues ranging from buying a home to obtaining U.S. citizenship-all at no cost to the employee.
Jobs at Ford were highly coveted, and Ford Motor Company was viewed as an employer of choice because it paid the highest wages in the automotive industry. The paternalistic approach of Henry Ford has long since disappeared at the company, and the automotive industry has moved forward in the hundred years since the Sociological Department checked in on workers and helped them become good employees and good citizens in their communities. Consider Ford's humanitarian way of dealing with his employees as you answer the following questions:
What are some of the things Henry Ford did that you think have merit? If you were running a company, what practices of his might you adopt?
Question
Caught in the Crosshairs
Finding a way to balance the individual right to bear arms with the requirement to create a safe workplace can challenge human resource professionals, and gun control is certainly a controversial political topic. However, employers have legitimate concerns about weapons in the workplace for practical and business reasons. Three-fourths of all workplace fatalities are related to guns, and many tragic incidents of worker-committed gun violence have occurred in recent years.
The Second Amendment of the U.S. Constitution protects a citizen's right to own and bear arms and, as mentioned earlier, 20 states have enacted laws that allow employees and others to carry firearms on an employer's premises. Some of these laws specifically address concealed weapons and affirmatively permit storing firearms in a privately owned vehicle in an employer's parking lot. The courts have found that such laws are not pre-empted by OSHA's general duty clause. This leaves employers to find a way to satisfy these competing mandates.
Important things to determine include:
1. How does the company define the term weapon ? Is it only guns, or do other weapons such as knives or machetes also qualify as weapons?
2. How does the company define the term workplace ? Does the workplace include an employer's parking lot?
3. If the company decides to permit firearms in employees' vehicles, what measures will be put in place to minimize risks? Must all weapons be locked in a vehicle's trunk? Must ammunition be kept separately from the firearm itself?
4. If security guards are authorized to carry weapons, what steps are taken to ensure that they are properly screened and trained?
This is an evolving and controversial issue. HR professionals should stay informed about legislation in all states in which the organization has employees and operations. The primary consideration should be for a safe workplace for everyone. Employers should continue to monitor court rulings and address the issue proactively. Based on these issues, consider the following questions:
What restrictions would you recommend to companies regarding weapons in the workplace?
Question
How Special Is That Sandwich?
Companies have every right to protect their intellectual property and trade secrets. In fact, they have a responsibility to shareholders to do so because this proprietary information is often the source of competitive advantage. Careful safeguarding of secrets is an important part of ensuring the sustainability of the firm.
But what exactly qualifies as a trade secret? For instance, one fast food company advertises its "secret sauce," and a producer of baked beans' "secret family recipe" has been widely featured in its television commercials. Would anyone argue that the search algorithm developed and used by Google is a trade secret? Probably not. Trade secrets are pretty broadly defined and can include things like customer lists, recipes, formulas, and software. So, is a sandwich recipe a trade secret? Jimmy John's management certainly thinks so. The recipe consisting of a quarter pound of roast beef with provolone cheese on a pita is a trade secret in the company's eyes.
The New Jersey-based sandwich company requires all of its workers-including entry-level workers who are earning starting wages-to sign a stringent "noncompetition" clause as part of the hiring process. When employees sign the agreement, they agree not to work "at any business which derives more than 10% of its revenue from selling submarine, hero-type, deli-style, pita and/or wrapped or rolled sandwiches." That would seem to cover an awful lot of establishments, from direct competitors in the food industry to the gas stations, convenience stores, and the neighborhood hospital cafeteria.
Former employees are prohibited from working in such a place for two years after they leave Jimmy John's employment. The geographic limit is set at three miles of either the Jimmy John's location where the individual previously worked or any other Jimmy John's shop (there are 2,000 U.S. store locations). That's a fairly broad swath of geography. Because Jimmy John's operates in 43 states, it is difficult to state without exception that the noncompete clause would not be upheld in a court proceeding. However, most legal experts believe that it is overly broad and the company would be unlikely to prevail in a lawsuit. It hasn't been tested in court yet.
Why would a company implement and require such a tough restriction on low-wage workers? That is anybody's guess, and the company's management wouldn't respond to reporters who uncovered the story. So, we can only speculate on why such a policy exists. Lawmakers have become interested in the case because it appears to almost border on intimidation and bullying of workers. Companies are certainly free to set policies and practices to protect legitimate business concerns. But it seems to be a stretch to consider meat, cheese, and bread as anything special that needs the special protection of a noncompete agreement.
If you were an entry-level worker at Jimmy John's, how would the requirement to sign a noncompete agreement influence your opinion of the company? What likely steps might you take when you leave employment there?
Question
Discuss the impact on an individual employee and work unit if organizational justice is not honored by managers. Recall any past work experience you may have in which a supervisor "played favorites." How did that impact your job performance and commitment to the company? How did you react to the injustice?
Question
Is Somebody Out There Watching Me?
Employers have a right to expect that employees who are on the clock are performing their job duties in a safe and efficient manner. Employees, on the other hand, prefer to work free from scrutiny and invasive management oversight. The two parties' expectations can put them on a collision course for employee relations problems.
Companies in trucking and service industries have started to utilize GPS technology to track drivers' movement and operating practices. Over 37% of service-related companies track their workers' locations using either handheld devices or their vehicles. Tracking can be used to improve customer service by notifying clients that a service technician is on the way or to verify that service was provided. It can also be used to uncover employee misconduct or unsafe driving practices.
Sophisticated tracking software can record if drivers brake too hard or speed. If a driver is too close to another vehicle, the software can intercede by slowing down the truck. In addition to using this type of tracking to discipline employees, some firms also use it to identify and reward drivers who demonstrate exemplary driving habits.
There are few regulations limiting employers' ability to track employees, and no federal laws prohibit employers from using GPS. Further, with the exception of Delaware and Connecticut, there is no requirement that employers even tell workers that they are being tracked. However, keeping silent about tracking endangers the trust that employees have in their employers. There is also a benefit of letting workers know that they are being monitored, as it might deter them from breaking the rules. The owner of Accurid Pest Solutions says that since instituting monitoring, his drivers now call the dispatch center if they have to pull off the road or change their routing.
Employers and employees work hard to maintain a safe, productive work environment. Tracking worker activities should be done with consideration for both sides of the issue and using an approach of fairness and respect. After reading about this practice, answer the following questions:
What are the possible reactions employees might have if they are advised up front that their activities will be tracked? What could be done to improve their reactions?
Question
Setting Up an Alternative Dispute Resolution Process
Creating an internal process to settle employmentrelated disputes and conflicts can benefit both the organization and its employees with faster resolution of complaints and issues. An alternative dispute resolution (ADR) process can address issues such as employee discipline matters, violations of policy, and employment termination decisions.
ADR can take a number of forms, including arbitration, peer review, ombuds, and mediation. It is not necessary to include all forms of ADR-managers can choose the approaches that make the most sense for the organization. Here are some suggested steps in developing an ADR process:
1. Determine the organization's readiness for ADR. Is ADR consistent with the organization's culture and other HR processes? There needs to be a good match between culture and process for ADR to work.
2. Identify key stakeholders among both formal and informal leaders. Top executives must support an ADR program. Don't ignore the informal leaders, since they can influence the rest of the employees, and their support is critical.
3. Research the various ADR options to determine which ones are the best fit for the organization. For example, peer review is most successful when there is a high level of trust within the workforce.
4. Design the program by using a crossfunctional team that includes HR, line managers, and senior managers. This way, input from many different areas of the organizations is provided.
5. Get feedback from employees on the initial design. Use focus groups, town hall meetings, suggestion systems, or email polls. Share all the details so that employees can effectively evaluate the process.
6. Design the rollout strategy and communication plan. Determine whether to "go live" right from the start or to use a pilot test of the process first. Decide how to get the word out to managers and employees so that they understand how the process works and what types of disputes are appropriate to bring to the ADR process.
7. Remind employees about the process periodically, such as once a year, so that they know it is operational and effective.
ADR can be effective only if all managers and employees understand the process and trust it to resolve their issues. The benefits it can provide mean that employers and employees will not be tied up in a lengthy, drawn-out process of resolving problems. Speedy, fair resolution allows everyone to move on from a situation and get back to productive work. As you consider the process of ADR, discuss these questions:
If you were a manager, what would you see as the advantages and disadvantages of using the various forms of ADR to resolve employment disputes?
Question
Taking Your Handbook Online
Moving from a paper handbook to a digital one can help companies cut costs, make updates easier and quicker, and provide employees with a more interactive format. Before jumping in and simply copying all the content from paper to digital form, HR professionals and other managers should take some time to plan for a smooth transition. The following steps can help make the process go smoothly:
1. Put the acknowledgment up front. Set up the handbook so that employees must first read all disclaimers and complete an acknowledgment before gaining access to the handbook contents.
2. Require employees to log in. Required use of company passwords and sign-on credentials limits access to this internal document to those who have a legitimate right to read it. The handbook is not generally made available to those outside the company.
3. Link handbook content to relevant information. A powerful use of online handbooks is linking related documents and information for employees. For example, in the section that discusses payroll, link to tax withholding forms to make it easy for employees to find the correct documents.
4. Include email and telephone contact information for HR staff. Many employees prefer to contact HR to ask questions or get clarification of policies or benefits. Make HR easy to reach so that employees see the staff as supportive and available.
5. Proofread everything before it goes "live." Model good practice and verify spelling, grammar, and punctuation before releasing content. The handbook should represent the professional image of HR and the company. Test all the hyperlinks and keep them current if linked content is moved or changed.
6. Notify employees of the change. Announce the change to an online handbook in a way that ensures all employees will know about the new format. Consider a mandatory sign-on within the transition period and required acknowledgement. Check in with employees that don't respond so that you can answer any questions they may have.
7. Immediately notify employees of changes. Be sure to develop a process for maintaining the handbook and letting employees know when things change. While an online handbook can be easily updated, it is critical that employees are notified when important changes are made to policies and procedures.
8. Keep a few printed copies available. Some employees are not comfortable with technology and may prefer a hard copy of the handbook. Print a few and let employees know that they are available on an "asrequested" basis. Be sure that the printed copies always reflect the most up-to-date version of the handbook.
Using technology to disseminate policies and other important employment information can be efficient and effective. Consider the following questions about online handbooks:
How often would you determine if changes to an employee handbook were needed? How would you notify employees of changes to handbook contents?
Question
Give some examples of how technology is creating employer-employee rights and policy issues. Then suggest some possible actions that may be needed.
Question
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.
Question
Management is developing a company workplace monitoring program to track compliance with safety procedures at an offshore oil rig platform in the Gulf of Mexico. The monitoring program is expected to help improve workplace safety compliance and reduce injuries to workers as well as possible environmental problems. To assist HR in developing the monitoring program, visit the SHRM website and conduct your own research to identify best practices regarding monitoring of workplace activity.
A. What key components should be included in your company's employee monitoring program to best meet the needs of both employees and the company?
B. Explain how you will introduce this program to workers. Provide your rationale for instituting monitoring equipment and reporting procedures. Convince workers that this program is for their benefit as well as for the benefit of the company.
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Deck 15: Employee Rights and Responsibilities
1
Building Cars by Building Workers
As a leader in the industrial revolution, Henry Ford had a unique approach to managing workers in his automobile assembly plants. In the early 1900s, he doubled workers' pay to $5 per day in an effort to reduce turnover. He also did so because he had a sincere interest in their well-being.
Henry Ford's interest in his employees' health and security went well beyond the factory floor. He required that his workers be "thrifty and neat." He created a group within the company called the Sociological Department whose job it was to visit employees at home and help them manage their household finances and family health. Eventually, the department had over 200 agents who worked with Ford's 13,000 employees, many of whom were immigrants seeking to improve their lot in life.
Ford's assembly line workers had to obtain authorization from the Sociological Department if they wished to buy a car. They would be quizzed on their family status (whether they were married and had children), any outstanding debts, and whether they had life insurance. Only after proving their financial security were they granted permission to buy a car. Ford also provided the services of a legal team whose lawyers would help workers with issues ranging from buying a home to obtaining U.S. citizenship-all at no cost to the employee.
Jobs at Ford were highly coveted, and Ford Motor Company was viewed as an employer of choice because it paid the highest wages in the automotive industry. The paternalistic approach of Henry Ford has long since disappeared at the company, and the automotive industry has moved forward in the hundred years since the Sociological Department checked in on workers and helped them become good employees and good citizens in their communities. Consider Ford's humanitarian way of dealing with his employees as you answer the following questions:
How did Ford's approach to employee relations impact employees? Do you think it was to their advantage or disadvantage for the company to take such an active interest in their lives?
HF automobile company thinks very deeply and personally for the welfare of its workers. The workers in this company are paid higher wages as compared to other automobile players in the industry. The company has alos come up with sociological department where more 200 agents work for the welfare of company's 13000 workers. These agents visit workers home and advice and guide them on financial as well as personal matters. This all has led to reduced employee turnover and higher productivity.
HF's approach to employee relations has impacted employees very positively. The employees have become loyal with their job duties. An employee feels trustworthy when his company takes care of him and his family; guides and supports him at every step of his life. Thus this way the employee-employer relationship at HF was very strong and positive.
As per my opinion, I think it was to the HF's advantage to take such an active interest in the employee's lives because the employees reacted very positively to this kind of initiative that the company took. The employees became loyal and this reduced employee turnover. In turn, the recruitment and training expenses of the company reduced. Thus it was a win-win situation for all, employees as well as the company.
2
Caught in the Crosshairs
Finding a way to balance the individual right to bear arms with the requirement to create a safe workplace can challenge human resource professionals, and gun control is certainly a controversial political topic. However, employers have legitimate concerns about weapons in the workplace for practical and business reasons. Three-fourths of all workplace fatalities are related to guns, and many tragic incidents of worker-committed gun violence have occurred in recent years.
The Second Amendment of the U.S. Constitution protects a citizen's right to own and bear arms and, as mentioned earlier, 20 states have enacted laws that allow employees and others to carry firearms on an employer's premises. Some of these laws specifically address concealed weapons and affirmatively permit storing firearms in a privately owned vehicle in an employer's parking lot. The courts have found that such laws are not pre-empted by OSHA's general duty clause. This leaves employers to find a way to satisfy these competing mandates.
Important things to determine include:
1. How does the company define the term weapon ? Is it only guns, or do other weapons such as knives or machetes also qualify as weapons?
2. How does the company define the term workplace ? Does the workplace include an employer's parking lot?
3. If the company decides to permit firearms in employees' vehicles, what measures will be put in place to minimize risks? Must all weapons be locked in a vehicle's trunk? Must ammunition be kept separately from the firearm itself?
4. If security guards are authorized to carry weapons, what steps are taken to ensure that they are properly screened and trained?
This is an evolving and controversial issue. HR professionals should stay informed about legislation in all states in which the organization has employees and operations. The primary consideration should be for a safe workplace for everyone. Employers should continue to monitor court rulings and address the issue proactively. Based on these issues, consider the following questions:
How do you feel about the right to bear arms and whether companies should be limited in restricting employees from having weapons on the premises?
The Second Amendment of US Constitution states that a citizen is free to own and carry arms and many of the states even allow employees to carry their arms at employer's premises. This freedom of carrying gun and other weapon at the workplace has raised several safety issues of the employees and the workplace safety. Thus it has become a political topic today as it has resulted in several workplaces tragic incidents of worker committed gun violence etc.
As per my opinion, I guess the right to bear arms is a very situational thing and it depends on person to person. The freedom to carry arm should depend upon the position that an individual possess. If an individual holds a prominent position and his life could be at risk from the external threats, and then he should be allowed to carry weapons like gun, knife etc. But as per my opinion, I think general people like us do not need weapon of any kind to protect ourselves.
Even companies should restrict its employees from carrying weapons at workplace to create a safe working environment for all. If few employees will carry weapon at workplace, then it might become a fearful situation and working environment for others. Thus employers should be allowed to restrict employees from carrying weapons at workplace.
3
How Special Is That Sandwich?
Companies have every right to protect their intellectual property and trade secrets. In fact, they have a responsibility to shareholders to do so because this proprietary information is often the source of competitive advantage. Careful safeguarding of secrets is an important part of ensuring the sustainability of the firm.
But what exactly qualifies as a trade secret? For instance, one fast food company advertises its "secret sauce," and a producer of baked beans' "secret family recipe" has been widely featured in its television commercials. Would anyone argue that the search algorithm developed and used by Google is a trade secret? Probably not. Trade secrets are pretty broadly defined and can include things like customer lists, recipes, formulas, and software. So, is a sandwich recipe a trade secret? Jimmy John's management certainly thinks so. The recipe consisting of a quarter pound of roast beef with provolone cheese on a pita is a trade secret in the company's eyes.
The New Jersey-based sandwich company requires all of its workers-including entry-level workers who are earning starting wages-to sign a stringent "noncompetition" clause as part of the hiring process. When employees sign the agreement, they agree not to work "at any business which derives more than 10% of its revenue from selling submarine, hero-type, deli-style, pita and/or wrapped or rolled sandwiches." That would seem to cover an awful lot of establishments, from direct competitors in the food industry to the gas stations, convenience stores, and the neighborhood hospital cafeteria.
Former employees are prohibited from working in such a place for two years after they leave Jimmy John's employment. The geographic limit is set at three miles of either the Jimmy John's location where the individual previously worked or any other Jimmy John's shop (there are 2,000 U.S. store locations). That's a fairly broad swath of geography. Because Jimmy John's operates in 43 states, it is difficult to state without exception that the noncompete clause would not be upheld in a court proceeding. However, most legal experts believe that it is overly broad and the company would be unlikely to prevail in a lawsuit. It hasn't been tested in court yet.
Why would a company implement and require such a tough restriction on low-wage workers? That is anybody's guess, and the company's management wouldn't respond to reporters who uncovered the story. So, we can only speculate on why such a policy exists. Lawmakers have become interested in the case because it appears to almost border on intimidation and bullying of workers. Companies are certainly free to set policies and practices to protect legitimate business concerns. But it seems to be a stretch to consider meat, cheese, and bread as anything special that needs the special protection of a noncompete agreement.
Based on your understanding of this case, what possible reasons could Jimmy John's management have for adopting this policy? If you were the HR manager at Jimmy John's, what pros and cons would you point out to management in terms of the effect of having this policy?
Non-compete agreement is all about where employees and workers after they resign from their job are prevented from performing the similar task for another company which they used to perform here. This way companies protect their trade secrets and keys to success. Similarly JJ shop is a company that sells sandwiches that is consisted of cheese, meat and bread but the workers and employees there have to sign a non-competing agreement before they get hired for this job.
Based on my understanding of the above mentioned case, the possible reasons that JJ's management could have for adopting this policy could be that the company wanted to safeguard its trade secret by protecting its sandwich's recipe. The company might not want anyone among his employees to share the secret recipe of their sandwich which has made the company to earn good amount of profits.
If I were the HR manager, at JJ, the pros and cons that I would have pointed out to management in terms of the effect of having this policy could be that I would have suggested that this non-compete policy is advantageous in protecting the secret recipe of the sandwich. But the con side of this policy could be that the employees might find this too harsh and they at some point might go against this term and condition. The company has to make employees properly aware regarding this clause and take them into confidence.
4
Identify how overreliance on the employmentat- will doctrine can create problems for supervisors and employees. What are the ramifications if companies default to EAW rather than dealing directly with employee conduct problems?
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5
Is Somebody Out There Watching Me?
Employers have a right to expect that employees who are on the clock are performing their job duties in a safe and efficient manner. Employees, on the other hand, prefer to work free from scrutiny and invasive management oversight. The two parties' expectations can put them on a collision course for employee relations problems.
Companies in trucking and service industries have started to utilize GPS technology to track drivers' movement and operating practices. Over 37% of service-related companies track their workers' locations using either handheld devices or their vehicles. Tracking can be used to improve customer service by notifying clients that a service technician is on the way or to verify that service was provided. It can also be used to uncover employee misconduct or unsafe driving practices.
Sophisticated tracking software can record if drivers brake too hard or speed. If a driver is too close to another vehicle, the software can intercede by slowing down the truck. In addition to using this type of tracking to discipline employees, some firms also use it to identify and reward drivers who demonstrate exemplary driving habits.
There are few regulations limiting employers' ability to track employees, and no federal laws prohibit employers from using GPS. Further, with the exception of Delaware and Connecticut, there is no requirement that employers even tell workers that they are being tracked. However, keeping silent about tracking endangers the trust that employees have in their employers. There is also a benefit of letting workers know that they are being monitored, as it might deter them from breaking the rules. The owner of Accurid Pest Solutions says that since instituting monitoring, his drivers now call the dispatch center if they have to pull off the road or change their routing.
Employers and employees work hard to maintain a safe, productive work environment. Tracking worker activities should be done with consideration for both sides of the issue and using an approach of fairness and respect. After reading about this practice, answer the following questions:
What are the costs and benefits of implementing a tracking program but not telling employees about it? Should companies tell employees that their actions are being tracked?
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6
Setting Up an Alternative Dispute Resolution Process
Creating an internal process to settle employmentrelated disputes and conflicts can benefit both the organization and its employees with faster resolution of complaints and issues. An alternative dispute resolution (ADR) process can address issues such as employee discipline matters, violations of policy, and employment termination decisions.
ADR can take a number of forms, including arbitration, peer review, ombuds, and mediation. It is not necessary to include all forms of ADR-managers can choose the approaches that make the most sense for the organization. Here are some suggested steps in developing an ADR process:
1. Determine the organization's readiness for ADR. Is ADR consistent with the organization's culture and other HR processes? There needs to be a good match between culture and process for ADR to work.
2. Identify key stakeholders among both formal and informal leaders. Top executives must support an ADR program. Don't ignore the informal leaders, since they can influence the rest of the employees, and their support is critical.
3. Research the various ADR options to determine which ones are the best fit for the organization. For example, peer review is most successful when there is a high level of trust within the workforce.
4. Design the program by using a crossfunctional team that includes HR, line managers, and senior managers. This way, input from many different areas of the organizations is provided.
5. Get feedback from employees on the initial design. Use focus groups, town hall meetings, suggestion systems, or email polls. Share all the details so that employees can effectively evaluate the process.
6. Design the rollout strategy and communication plan. Determine whether to "go live" right from the start or to use a pilot test of the process first. Decide how to get the word out to managers and employees so that they understand how the process works and what types of disputes are appropriate to bring to the ADR process.
7. Remind employees about the process periodically, such as once a year, so that they know it is operational and effective.
ADR can be effective only if all managers and employees understand the process and trust it to resolve their issues. The benefits it can provide mean that employers and employees will not be tied up in a lengthy, drawn-out process of resolving problems. Speedy, fair resolution allows everyone to move on from a situation and get back to productive work. As you consider the process of ADR, discuss these questions:
Have you worked at a job where ADR was used? If so, what type of ADR was there, and how effectively did it work?
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7
Taking Your Handbook Online
Moving from a paper handbook to a digital one can help companies cut costs, make updates easier and quicker, and provide employees with a more interactive format. Before jumping in and simply copying all the content from paper to digital form, HR professionals and other managers should take some time to plan for a smooth transition. The following steps can help make the process go smoothly:
1. Put the acknowledgment up front. Set up the handbook so that employees must first read all disclaimers and complete an acknowledgment before gaining access to the handbook contents.
2. Require employees to log in. Required use of company passwords and sign-on credentials limits access to this internal document to those who have a legitimate right to read it. The handbook is not generally made available to those outside the company.
3. Link handbook content to relevant information. A powerful use of online handbooks is linking related documents and information for employees. For example, in the section that discusses payroll, link to tax withholding forms to make it easy for employees to find the correct documents.
4. Include email and telephone contact information for HR staff. Many employees prefer to contact HR to ask questions or get clarification of policies or benefits. Make HR easy to reach so that employees see the staff as supportive and available.
5. Proofread everything before it goes "live." Model good practice and verify spelling, grammar, and punctuation before releasing content. The handbook should represent the professional image of HR and the company. Test all the hyperlinks and keep them current if linked content is moved or changed.
6. Notify employees of the change. Announce the change to an online handbook in a way that ensures all employees will know about the new format. Consider a mandatory sign-on within the transition period and required acknowledgement. Check in with employees that don't respond so that you can answer any questions they may have.
7. Immediately notify employees of changes. Be sure to develop a process for maintaining the handbook and letting employees know when things change. While an online handbook can be easily updated, it is critical that employees are notified when important changes are made to policies and procedures.
8. Keep a few printed copies available. Some employees are not comfortable with technology and may prefer a hard copy of the handbook. Print a few and let employees know that they are available on an "asrequested" basis. Be sure that the printed copies always reflect the most up-to-date version of the handbook.
Using technology to disseminate policies and other important employment information can be efficient and effective. Consider the following questions about online handbooks:
What are some of the interactive features that you would incorporate into an online employee handbook? How do you think these features would enhance employee use of the handbook?
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8
Building Cars by Building Workers
As a leader in the industrial revolution, Henry Ford had a unique approach to managing workers in his automobile assembly plants. In the early 1900s, he doubled workers' pay to $5 per day in an effort to reduce turnover. He also did so because he had a sincere interest in their well-being.
Henry Ford's interest in his employees' health and security went well beyond the factory floor. He required that his workers be "thrifty and neat." He created a group within the company called the Sociological Department whose job it was to visit employees at home and help them manage their household finances and family health. Eventually, the department had over 200 agents who worked with Ford's 13,000 employees, many of whom were immigrants seeking to improve their lot in life.
Ford's assembly line workers had to obtain authorization from the Sociological Department if they wished to buy a car. They would be quizzed on their family status (whether they were married and had children), any outstanding debts, and whether they had life insurance. Only after proving their financial security were they granted permission to buy a car. Ford also provided the services of a legal team whose lawyers would help workers with issues ranging from buying a home to obtaining U.S. citizenship-all at no cost to the employee.
Jobs at Ford were highly coveted, and Ford Motor Company was viewed as an employer of choice because it paid the highest wages in the automotive industry. The paternalistic approach of Henry Ford has long since disappeared at the company, and the automotive industry has moved forward in the hundred years since the Sociological Department checked in on workers and helped them become good employees and good citizens in their communities. Consider Ford's humanitarian way of dealing with his employees as you answer the following questions:
What are some of the things Henry Ford did that you think have merit? If you were running a company, what practices of his might you adopt?
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9
Caught in the Crosshairs
Finding a way to balance the individual right to bear arms with the requirement to create a safe workplace can challenge human resource professionals, and gun control is certainly a controversial political topic. However, employers have legitimate concerns about weapons in the workplace for practical and business reasons. Three-fourths of all workplace fatalities are related to guns, and many tragic incidents of worker-committed gun violence have occurred in recent years.
The Second Amendment of the U.S. Constitution protects a citizen's right to own and bear arms and, as mentioned earlier, 20 states have enacted laws that allow employees and others to carry firearms on an employer's premises. Some of these laws specifically address concealed weapons and affirmatively permit storing firearms in a privately owned vehicle in an employer's parking lot. The courts have found that such laws are not pre-empted by OSHA's general duty clause. This leaves employers to find a way to satisfy these competing mandates.
Important things to determine include:
1. How does the company define the term weapon ? Is it only guns, or do other weapons such as knives or machetes also qualify as weapons?
2. How does the company define the term workplace ? Does the workplace include an employer's parking lot?
3. If the company decides to permit firearms in employees' vehicles, what measures will be put in place to minimize risks? Must all weapons be locked in a vehicle's trunk? Must ammunition be kept separately from the firearm itself?
4. If security guards are authorized to carry weapons, what steps are taken to ensure that they are properly screened and trained?
This is an evolving and controversial issue. HR professionals should stay informed about legislation in all states in which the organization has employees and operations. The primary consideration should be for a safe workplace for everyone. Employers should continue to monitor court rulings and address the issue proactively. Based on these issues, consider the following questions:
What restrictions would you recommend to companies regarding weapons in the workplace?
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10
How Special Is That Sandwich?
Companies have every right to protect their intellectual property and trade secrets. In fact, they have a responsibility to shareholders to do so because this proprietary information is often the source of competitive advantage. Careful safeguarding of secrets is an important part of ensuring the sustainability of the firm.
But what exactly qualifies as a trade secret? For instance, one fast food company advertises its "secret sauce," and a producer of baked beans' "secret family recipe" has been widely featured in its television commercials. Would anyone argue that the search algorithm developed and used by Google is a trade secret? Probably not. Trade secrets are pretty broadly defined and can include things like customer lists, recipes, formulas, and software. So, is a sandwich recipe a trade secret? Jimmy John's management certainly thinks so. The recipe consisting of a quarter pound of roast beef with provolone cheese on a pita is a trade secret in the company's eyes.
The New Jersey-based sandwich company requires all of its workers-including entry-level workers who are earning starting wages-to sign a stringent "noncompetition" clause as part of the hiring process. When employees sign the agreement, they agree not to work "at any business which derives more than 10% of its revenue from selling submarine, hero-type, deli-style, pita and/or wrapped or rolled sandwiches." That would seem to cover an awful lot of establishments, from direct competitors in the food industry to the gas stations, convenience stores, and the neighborhood hospital cafeteria.
Former employees are prohibited from working in such a place for two years after they leave Jimmy John's employment. The geographic limit is set at three miles of either the Jimmy John's location where the individual previously worked or any other Jimmy John's shop (there are 2,000 U.S. store locations). That's a fairly broad swath of geography. Because Jimmy John's operates in 43 states, it is difficult to state without exception that the noncompete clause would not be upheld in a court proceeding. However, most legal experts believe that it is overly broad and the company would be unlikely to prevail in a lawsuit. It hasn't been tested in court yet.
Why would a company implement and require such a tough restriction on low-wage workers? That is anybody's guess, and the company's management wouldn't respond to reporters who uncovered the story. So, we can only speculate on why such a policy exists. Lawmakers have become interested in the case because it appears to almost border on intimidation and bullying of workers. Companies are certainly free to set policies and practices to protect legitimate business concerns. But it seems to be a stretch to consider meat, cheese, and bread as anything special that needs the special protection of a noncompete agreement.
If you were an entry-level worker at Jimmy John's, how would the requirement to sign a noncompete agreement influence your opinion of the company? What likely steps might you take when you leave employment there?
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11
Discuss the impact on an individual employee and work unit if organizational justice is not honored by managers. Recall any past work experience you may have in which a supervisor "played favorites." How did that impact your job performance and commitment to the company? How did you react to the injustice?
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12
Is Somebody Out There Watching Me?
Employers have a right to expect that employees who are on the clock are performing their job duties in a safe and efficient manner. Employees, on the other hand, prefer to work free from scrutiny and invasive management oversight. The two parties' expectations can put them on a collision course for employee relations problems.
Companies in trucking and service industries have started to utilize GPS technology to track drivers' movement and operating practices. Over 37% of service-related companies track their workers' locations using either handheld devices or their vehicles. Tracking can be used to improve customer service by notifying clients that a service technician is on the way or to verify that service was provided. It can also be used to uncover employee misconduct or unsafe driving practices.
Sophisticated tracking software can record if drivers brake too hard or speed. If a driver is too close to another vehicle, the software can intercede by slowing down the truck. In addition to using this type of tracking to discipline employees, some firms also use it to identify and reward drivers who demonstrate exemplary driving habits.
There are few regulations limiting employers' ability to track employees, and no federal laws prohibit employers from using GPS. Further, with the exception of Delaware and Connecticut, there is no requirement that employers even tell workers that they are being tracked. However, keeping silent about tracking endangers the trust that employees have in their employers. There is also a benefit of letting workers know that they are being monitored, as it might deter them from breaking the rules. The owner of Accurid Pest Solutions says that since instituting monitoring, his drivers now call the dispatch center if they have to pull off the road or change their routing.
Employers and employees work hard to maintain a safe, productive work environment. Tracking worker activities should be done with consideration for both sides of the issue and using an approach of fairness and respect. After reading about this practice, answer the following questions:
What are the possible reactions employees might have if they are advised up front that their activities will be tracked? What could be done to improve their reactions?
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13
Setting Up an Alternative Dispute Resolution Process
Creating an internal process to settle employmentrelated disputes and conflicts can benefit both the organization and its employees with faster resolution of complaints and issues. An alternative dispute resolution (ADR) process can address issues such as employee discipline matters, violations of policy, and employment termination decisions.
ADR can take a number of forms, including arbitration, peer review, ombuds, and mediation. It is not necessary to include all forms of ADR-managers can choose the approaches that make the most sense for the organization. Here are some suggested steps in developing an ADR process:
1. Determine the organization's readiness for ADR. Is ADR consistent with the organization's culture and other HR processes? There needs to be a good match between culture and process for ADR to work.
2. Identify key stakeholders among both formal and informal leaders. Top executives must support an ADR program. Don't ignore the informal leaders, since they can influence the rest of the employees, and their support is critical.
3. Research the various ADR options to determine which ones are the best fit for the organization. For example, peer review is most successful when there is a high level of trust within the workforce.
4. Design the program by using a crossfunctional team that includes HR, line managers, and senior managers. This way, input from many different areas of the organizations is provided.
5. Get feedback from employees on the initial design. Use focus groups, town hall meetings, suggestion systems, or email polls. Share all the details so that employees can effectively evaluate the process.
6. Design the rollout strategy and communication plan. Determine whether to "go live" right from the start or to use a pilot test of the process first. Decide how to get the word out to managers and employees so that they understand how the process works and what types of disputes are appropriate to bring to the ADR process.
7. Remind employees about the process periodically, such as once a year, so that they know it is operational and effective.
ADR can be effective only if all managers and employees understand the process and trust it to resolve their issues. The benefits it can provide mean that employers and employees will not be tied up in a lengthy, drawn-out process of resolving problems. Speedy, fair resolution allows everyone to move on from a situation and get back to productive work. As you consider the process of ADR, discuss these questions:
If you were a manager, what would you see as the advantages and disadvantages of using the various forms of ADR to resolve employment disputes?
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14
Taking Your Handbook Online
Moving from a paper handbook to a digital one can help companies cut costs, make updates easier and quicker, and provide employees with a more interactive format. Before jumping in and simply copying all the content from paper to digital form, HR professionals and other managers should take some time to plan for a smooth transition. The following steps can help make the process go smoothly:
1. Put the acknowledgment up front. Set up the handbook so that employees must first read all disclaimers and complete an acknowledgment before gaining access to the handbook contents.
2. Require employees to log in. Required use of company passwords and sign-on credentials limits access to this internal document to those who have a legitimate right to read it. The handbook is not generally made available to those outside the company.
3. Link handbook content to relevant information. A powerful use of online handbooks is linking related documents and information for employees. For example, in the section that discusses payroll, link to tax withholding forms to make it easy for employees to find the correct documents.
4. Include email and telephone contact information for HR staff. Many employees prefer to contact HR to ask questions or get clarification of policies or benefits. Make HR easy to reach so that employees see the staff as supportive and available.
5. Proofread everything before it goes "live." Model good practice and verify spelling, grammar, and punctuation before releasing content. The handbook should represent the professional image of HR and the company. Test all the hyperlinks and keep them current if linked content is moved or changed.
6. Notify employees of the change. Announce the change to an online handbook in a way that ensures all employees will know about the new format. Consider a mandatory sign-on within the transition period and required acknowledgement. Check in with employees that don't respond so that you can answer any questions they may have.
7. Immediately notify employees of changes. Be sure to develop a process for maintaining the handbook and letting employees know when things change. While an online handbook can be easily updated, it is critical that employees are notified when important changes are made to policies and procedures.
8. Keep a few printed copies available. Some employees are not comfortable with technology and may prefer a hard copy of the handbook. Print a few and let employees know that they are available on an "asrequested" basis. Be sure that the printed copies always reflect the most up-to-date version of the handbook.
Using technology to disseminate policies and other important employment information can be efficient and effective. Consider the following questions about online handbooks:
How often would you determine if changes to an employee handbook were needed? How would you notify employees of changes to handbook contents?
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15
Give some examples of how technology is creating employer-employee rights and policy issues. Then suggest some possible actions that may be needed.
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16
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.
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17
Management is developing a company workplace monitoring program to track compliance with safety procedures at an offshore oil rig platform in the Gulf of Mexico. The monitoring program is expected to help improve workplace safety compliance and reduce injuries to workers as well as possible environmental problems. To assist HR in developing the monitoring program, visit the SHRM website and conduct your own research to identify best practices regarding monitoring of workplace activity.
A. What key components should be included in your company's employee monitoring program to best meet the needs of both employees and the company?
B. Explain how you will introduce this program to workers. Provide your rationale for instituting monitoring equipment and reporting procedures. Convince workers that this program is for their benefit as well as for the benefit of the company.
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