...MICHAEL NEWMAN/PHOTOEDIT Managing Human Resources, 14e, Bohlander/Snell - © 2007 Thomson South-Western c hapter 13 Employee Rights and Discipline objective objective objective 3 Identify and explain the privacy 4 Explain the process of responsibilities. employment at will, wrongful discharge, implied contract, and constructive discharge. rights of employees. establishing disciplinary policies, including the proper implementation of 5 objective objective 2 Explain the concepts of employee rights and employer 6 Differentiate between the objective objective 1 Explain the concepts of Discuss the meaning of 7 Identify the different types of objective After studying this chapter, you should be able to 8 Discuss the role of ethics in discipline and how to investigate a disciplinary problem. two approaches to disciplinary action. alternative dispute resolution procedures. the management of human resources. organizational rules. PART 5 Enhancing Employee-Management Relations Managing Human Resources, 14e, Bohlander/Snell - © 2007 Thomson South-Western 549 550 PART 5 Enhancing Employee-Management Relations n this chapter we discuss employee rights, workplace privacy, and employee discipline. Managers note that these topics have a major influence on the activities of both employees and supervisors. Robert J. Deeny, an employment attorney...
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...19, 2014 From: Mark Jackson Manager, Elementary Division To: The CEO Subject: Former Employee's Constructive Discharge Claim ______________________________________________________________________ I received notified from the company’s attorney about a former employee who filed a claim against the company citing constructive discharge under Title VII of the Civil Rights Act of 1964. Findings: What is constructive discharge and how is it relevant to this situation. At the beginning of the New Year, a new shift policy was implemented to keep up with the company growth. We required employees in the production group to work 12-hour shifts with 4 days off in a rotating shift, which means some of those working days may fall into the employee’s religious holy day. The former employee quit after this implementation. The former employee is claiming a constructive discharge. Constructive discharge is a discriminatory practice where an employee is forced to resign because of perceived an intolerable work environment, courts usually agree to the employee if they determine that a reasonable person would also feel same in the same position (Paul, 2002). Courts also require employees that are filing under constructive discharge to show that the employee as created intolerable working condition with the intent of forcing resignation was deliberate (Paul, 2002). It is the responsibility of our former employee...
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...to be driving this pattern. This has caused a downstream impact on patient safety and poor patient outcomes. The System/Organization A major health insurer in the Midwest completed a market analysis across their book of business and discovered a common theme. Patients were being discharged from the hospital without getting the post discharge care they required. In determining the root cause, a gap was discovered in the follow through for discharge planning. Patients would be sent home with instructions from the discharge planner and orders from their physician, but no arrangements had been made for home health care, durable medical equipment or follow-up appointments with their physician. According to Senge’s five disciplines, the shared vision discipline, defined “This collective discipline establishes a focus on mutual purpose. People learn to nourish a sense of commitment in a group or organization by developing shared images of the future they seek to create, and the principles and guiding practices by which they hope to get there” would be a place to start. (Society for organizational learning) Utilizing the team learning discipline will continue to define the problem by thinking together collectively and coming up with solutions. (Society for organizational learning) This approach to control costs and help ensure positive patient outcomes aligns with their mission “We support the physician/patient relationship and...
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...Deputy Chief News Editor 3. Principal News Editor 4. Senior News Editor 5. Senior Production Officer 6. Studio Manager II 7. Senior Broadcast Engineer QUALIFICATIONS AND EXPERIENCE A. Medical Centre 1. Chief Medical Officer (CONMESS 7): Prospective candidates should possess M.B.B.S., BDS or equivalent plus NYSC Discharge Certificate or Evidence of Exemption. SSCE/NECO/WASC/GCE O/L credits in 5 subjects including English and Mathematics is compulsory. He/she must have at least 18 years relevant post qualification experience. Higher degree in relevant health discipline is mandatory OR Fellowship of Medical Post Graduate College or equivalent. In addition, candidate must be duly registered with the Medical & Dental Council of Nigeria. 2. Deputy Chief Medical Officer (CONMESS 6): Prospective candidates should possess M.B.B.S., BDS or equivalent plus NYSC Discharge Certificate or Evidence of Exemption. SSCE/NECO/WASC/GCE O/L credits in 5 subjects including English and Mathematics is compulsory. He/she must have at least 14 years relevant post qualification experience. Higher degree in relevant health discipline will be an advantage. In addition, candidate must be duly registered with the Medical & Dental Council of Nigeria. 3. Medical Laboratory Scientist I (CONHESS 8): Prospective...
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...A former employee of our company has filed a claim with the EEOC that the company discriminated against him and due to this discrimination; the employee was forced to resign due to constructive discharge. The claim states that the constructive discharge violated Title VII of the Civil Rights Act of 1964. The former employee alleges that the constructive discharge was in correlation with religious discrimination based on a work schedule policy change. The former employee states that the change in the work schedule policy was discriminatory, because it required employees to work on a religious holy day and due to this change the employee was forced to quit. Constructive discharge in employment law is typically when working conditions are so intolerable that the employee feels compelled to resign (Constructive Discharge, n.d.). Constructive discharge is a discriminatory practice that forces an employee to resign due to perceived intolerability in the work environment. Courts will typically agree with the claim of constructive discharge, if the court determines that any reasonable employee in a similar situation would also feel discriminated against if in the former employee’s position (Ford, Notestine, & Hill, 2000). Courts also require that an employee show that the working condition was so intolerable and that the employer made it purposely so, it forced the employee to resign (Ford, Notestine, & Hill, 2000). The burden of proof is placed on the former employee...
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...In the study of law and economics, an employee-at-will can be terminated at any time for any reason or no reason without incurring any legal liability however, with a few exceptions and the protections afforded by federal law. Likewise, the employee-at-will doctrine is equally applied allowing an employee to leave a job at any time without reason and with no adverse consequences. To mitigate some of the harsh consequences associated with the employee-at-will doctrine, some common law exceptions were put in place: public policy exception, implied contract exception, and covenant-of-good-faith and fair dealing exception. Public policy exception protects against wrongful discharge inconsistent with state policy, implied contract exception occurs...
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...Rehabilitation Care in a Specialized Setting: A Multidisciplinary Concept Analysis First we need to understand what Rehabilitation is to be able to focus on its concept analysis. It is a part of the continuum of care as it focuses on increasing a patient’s function for self care and mobility. The need for a rehabilitation care concept in a specialized rehabilitation hospital increases as the length of stay decreases in acute hospitals after surgery or procedures due to the financial burden on insurances, Medicare, Medicaid, and the acute hospitals themselves. No longer do we see in the United States two week long acute hospital stays after major surgeries, strokes or other injuries that affect the activities of daily living (ADL). The hospitals discharge patients back home much sooner than before or transfer them to facilities for further recovery. Unfortunately some of these facilities are long term acute care hospitals or nursing homes where continuing daily therapy is very limited. The fortunate ones get admitted to a specialty hospital called a rehabilitation (rehab) hospital that this paper will focus on. Here, nurses, occupational therapists, physical therapists, speech therapists, case managers, dieticians, and physicians work all closely together to see the best results of recovery and to achieve this goal before the patient is ready to return home at the optimum level of wellness. As a nurse working in a rehabilitation hospital I see this multidisciplinary approach to regain a...
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...Dillon v. Champion Jogbra HRM 510: Business Employment Law Dr. Moore June 12, 2011 Employers that do not follow their disciplinary policies, and related procedures, may get sued for breach of contract or wrongful discharge. Courts have ruled that disciplinary policies can be contracts, even when employers include at-will statements in them, if the policies contain provisions promising that the employer will follow specific disciplinary procedures. So, in Dillon v. Champion Jogbra, Inc., the Vermont Supreme Court found the disclaimer printed in an employee manual was in conflict with the employer's elaborate discipline and discharge system, which the employer said would be carried out in a fair and consistent manner. The Court ruled that the employer was sending mixed messages to employees about their status. Accordingly, it allowed a terminated employee to pursue her breach of implied contract claim since the employer had apparently adhered to these procedures in almost all other cases. Thus, your disciplinary policy should include "at-will" language stating that the policy is only a guideline, that management reserves the right to exercise its discretion in implementing it, and that you retain the right to discharge employees immediately. This case highlights the care that employers should take with the design of employee handbooks. Even where a handbook contains a prominent disclaimer stating that it does not establish any contract rights, an employer must be careful...
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...initial trail to highlight technical issues. We hope that all the staff across all disciplines will find the process simple to follow, useful, timely, and that they will continue to follow the process. Steps to execute: 1. Conduct a medication reconciliation review. 2. Create a standard medication reconciliation form. 3. Create a medication reconciliation policy. 4. Purchase necessary software and adopt the medication reconciliation form into our Electronic Health Records (EHR) system. 5. Risk Assessment of the proposed process. 6. Launch a pilot test of the new process with two care teams. 7. Analyze pilot test data and present for decision on the next steps, including possible redesign of any discovered problematic areas in the process. 8. Staff education and training. 9. Implement process, collect data and user feedback DO The greater portion of our staff found the medication reconciliation process helpful and seemed eager to try this new tool. Staff in some disciplines did not realize that reconciling medications takes a team and initially saw it as more work. We collected data and started our analysis. STUDY Fewer technical difficulties than we expected. Informing staff of the incorporation of compliance into the annual employee evaluations increased their participation in the training exercises as well as process adherence. Education need to be tailored to each discipline to help them understand their part in the medication reconciliation process. Compliance...
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...prove their case that the company is to blame. In a well-executed firing, the employee understands the reasons why they and the company are better off separated usually a valid reason is given. The employee may accept a severance package in exchange for a lawsuit. In order to justify this for that the employer should complete certain steps leading up to the discharge such as: coaching or counseling, documentation such as any warnings or write ups, genuine disclosure of the real reasons why they are no longer a fit for the company, and showing consideration or compassion. Some examples of termination may be: that the employee is taken their employment in a different direction that the company doesn’t want or that there is too much arguing if applicable. The reason given doesn’t have to be written down, but it must be voiced. A market based severance package should be offered. The manager should not go into details about the package either by suggesting the employee view it later or having a HR representative go over the package. My key terms are from Chapter 10 and they are EXIT INTERVIEW, SEVERANCE PAY, PROGRESSIVE DISCIPLINE, and JUST CAUSE. Exit Interview is when an interview with a terminating employee designed, in part, to determine the...
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...to help solve problems in any aspect of nursing. It can solve problems in general nursing as well as leadership and management issues. The topic or specialty is not necessarily the basis on which nursing theory should be used to solve the problem because many different theories double to cover multiple disciplines. In this paper we are going to discuss Orem’s theory. Orem’s general nursing theory encompasses the ideas that self-care is necessary for the benefit of health and that as nurses we are designated to assess and find the self-care deficits and recognize who is needed to be able to perform the action (nursing) for the individual, and this relates to many nursing issues because it basically defines the role of the nurse to the patient in recognition to total care of the patient. And no matter what specialty you are in the main goal is adequate patient care. This paper will discuss a problem that happens far too often in home health. Patients are turned away daily because of assessment. Nurses in leadership positions such as administrators, directors, and admissions nurses are turning away patients because their needs are not expressed well in referrals and discharge / admission assessments. Also, discussed, will be the strategy to fix this problem by using the middle range theory on self-care deficit by Orem. Problem in Nursing Leadership Home Health Care is a very up and coming nursing specialty. Many patients are discharged to home health from the hospital daily...
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...the computer tools to be productive and efficient in completing the required tasks. There are several strategies that can be used to help resolve this problem, such as performance evaluation, progressive discipline and termination (DelPo & Guerin, 2007). Resolving performance problems is one of the most important tasks of an employer or manager. In some cases, detecting a performance or productivity problem will be as simple as observing an employee and noting the subpar nature of her work. Or you might receive weekly printouts of employee productivity and notice that an employee's numbers are low. The most effective way to deal with employee performance or productivity problems is through a performance evaluation system. The performance evaluation system will foster the communication and collaboration you need to address the problem. In this instance, since the person is a new hire, she may need more training on the computer system used for your business even though she's had training already (DelPo & Guerin, 2007). In addition to the performance evaluation, progressive discipline would be the next step in dealing with an employee who is asked to produce work for her employer and not producing. What is progressive discipline? Progressive discipline is a...
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...Human Resources: Constructive Discharge* February 10, 2012 Memorandum # 1 From: Manager, Elementary Division To: The CEO Subject: Former Employee's Constructive Discharge Claim ______________________________________________________________________ Background: Our company attorney notified me about a former employee who filed a claim against the company citing Title VII of the Civil Rights Act of 1964 for constructive discharge. Findings: A. How is constructive discharge as a legal concept relevant to the scenario? At the beginning of the New Year, we implemented a new shift policy to keep up with the company growth. We required employees in the production group to work 12-hour shifts with 4 days of work then 4 days off in a rotating shift, which means some of those working days fall into the employee’s religious holy day. The former employee quit after the implementation. This former employee is claiming a constructive discharge. Constructive discharge is one of the discriminatory practices wherein an employee is forced to resign because of perceived intolerable work environment and courts generally agree to the employee if they determine that a reasonable person would also feel same way if given the employee’s position (Dempsey, & Petsche, 2006). Also, courts usually require that the employee must show that the intolerable working condition with the intent of...
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...Case Study-III The Human Resource Function of Harrison Brothers Corporation Q No.1 How does McCain Veiw her role as human resource manager ? Answer: McCain views her role as a human resource manager as an overseer of processes and procedures. She feels it is her job to organize the staffing of the stores by conducting interviews and selecting the right personal for the job. McCain also feels she needs to closely monitor the employees performance to ensure the process and procedures that are in place, are properly used and every employee receives proper treatment. As a human resource manager she seems interesting in promoting the organizational performance. She said she is so much busy in defining various gaps and making planning to fill those gaps. She seems much busy in interview and selection process and also helping in training to the new staffs. She is found to be initiating for establishing the systematic disciplinary action. She is also involving in enhancing the performance by creating commission/incentives for the sales person who sales more than breakeven. By all these facts, what I found is she is doing the analysis of the previous gaps and planning and initiating the gap fulfilment strategy but has been suffering staffs and time constraints. But due to the lack of staff in HR section she have to give more time in selection process and not been able to better coordinate with other The most important task that she undertook is actually developing a human...
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...BENEFIT / ADVANTAGES OF HAVING STRATEGIC MANAGEMENT A business without strategy is a business without direction. A strategy without a competitive advantage is a business without a precondition of success. Managing strategically is to make decisions and implement strategies that allow an organization to develop and maintain competitive advantage. Competitive advantage is a concept that motivates strategists to replicate the strategies that make most successful companies successful. The most significant benefits are: Discharges Board Responsibility The first reason that most organizations state for having a strategic management process is that it discharges the responsibility of the Board of Directors. Forces an Objective Assessment Strategic management provides a discipline that enables the board and senior management to actually take a step back from the day-to-day business to think about the future of the organization. Without this discipline, the organization can become solely consumed with working through the next issue or problem without consideration of the larger picture. Provides a Framework for Decision-Making Strategy provides a framework within which all staff can make day-to-day operational decisions and understand that those decisions are all moving the organization in a single direction. It is not possible for the board to know all the decisions the executive director will have to make, nor is it possible for the executive director to know all the decisions...
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