【正文】 s also fosters fairness. 35 169。 2023 Prentice Hall Inc. All rights reserved. Steps in Avoiding Wrongful Discharge Suits (cont’d) ?A final 10step checklist would include: 1. Is employee covered by any type of written agreement, including a collective bargaining agreement? 2. Have any representations been made to form a contract? 3. Is a defamation claim likely? 4. Is there a possible discrimination allegation? 5. Is there any workers’ pensation involvement? 6. Have reasonable rules and regulations been municated and enforced? 7. Has employee been given an opportunity to explain any rule violations or to correct poor performance? 8. Have all monies been paid within 24 hours after separation? 9. Has employee been advised of his or her rights under COBRA? 10. Has employee been advised of what the employer will tell a prospective employer in response to a reference inquiry? 39 169。 2023 Prentice Hall Inc. All rights reserved. The Termination Interview (cont’d) ?Get to the point. – Do not beat around the bush by talking about the weather or making other small talk. – As soon as the employee enters, give the person a moment to get fortable and then inform him or her of your decision. ?Describe the situation. – Briefly explain why the person is being let go. – Remember to describe the situation rather than attack the employee personally – Emphasize that the decision is final and irrevocable. 43 169。 2023 Prentice Hall Inc. All rights reserved. Termination Assistance (cont’d) ?Outplacement firms – Can help the employer devise its dismissal plan regarding: ? How to break the news to dismissed employees. ? Deal with dismissed employees’ emotional reactions. ? Institute the appropriate severance pay and equal opportunity employment plans. 47 169。 2023 Prentice Hall Inc. All rights reserved. The Plant Closing Law (cont’d) ?Worker Adjustment and Retraining Notification Act (1989) – Employment losses covered by the law: ? Terminations other than discharges for cause, voluntary departures, or retirement ? Layoffs exceeding six months ? Reductions of more than 50% in employee’s work hours during each month of any sixmonth period. – Penalty for failing to give notice ? One day’s pay and benefits to each employee for each day’s notice that should have been given, up to 60 days. 51 169。 2023 Prentice Hall Inc. All rights reserved. Adjusting to Downsizings and Mergers ?Guideline for implementing a reduction in force: – Identify objectives and constraints. – Form a downsizing team. – Address legal issues. – Plan postreduction actions. – Address security concerns. 55 169。 2023 Prentice Hall Inc. All rights reserved. Key Terms ethics distributive justice procedural justice interactional (interpersonal) justice anizational culture nonpunitive discipline Discipline without punishment Electronic Communications Privacy Act (ECPA) dismissal unsatisfactory performance misconduct insubordination wrongful discharge termination interview outplacement counseling exit interviews bumping/layoff procedures downsizing 59 169。 2023 Prentice Hall Inc. All rights reserved. Employee Morale and Behavior Improves When Justice Prevails Source: Tony Simons and Quita Roberson, Why Managers Should Care about Fairness. The Effects of Aggregate Justice Perceptions on Organizational outes,‖ Journal of Applied Psychology 88, no. 3 (2023), p. 432. 57 169。 2023 Prentice Hall Inc. All rights reserved. Bumping/Layoff Procedures ? Seniority is usually the ultimate determinant of who will work. ? Seniority can give way to merit or ability, but usually only when no senior employee is qualified for a particular job. ? Seniority is usually based on the date the employee joined the anization, not the date he or she took a particular job. ? Companywide seniority allows an employee in one job to bump or displace an employee in another job, provided the more senior person can do the job without further training. 53 169。 2023 Prentice Hall Inc. All rights reserved. Exit Interview Questions ? How were you recruited? ? Why did you join the pany? ? Was the job presented correctly and honestly? ? Were your expectations met? ? What was the workplace environment like? ? What was your supervisor’s management style like? ? What did you like most/least about the pany? ? Were there any special problem areas? ? Why did you decide to leave, and how was the departure handled? 49 169。 2023 Prentice Hall Inc. All rights reserved. The Termination Interview (cont’d) ?Identify the next step. – The terminated employee may be disoriented and unsure what to do next. – Explain where the employee should go next, upon leaving the interview. 45 169。 2023 Prentice Hall Inc. All rights reserved. Personal Supervisory Liability ?Avoiding personal supervisory liability: – Be familiar with federal, state, and local statutes and know how to uphold their requirements. – Follow pany policies and procedures – Be consistent application of the rule or regulation is important. – Don’t administer discipline in a manner that adds to the emotional hardship on the employee.