Fundamental Fairness Formula

Question 1

What is the Fundamental Fairness Formula?

Answer 1

5 step method to self-check that an employee is being treated fairly

Question 2

5 step method

Answer 2

1. notice of performance expectations and consequences
2. performance counseling
3. opportunity to correct
4. consistency w/ internal policies & procedures
5. objective review by someone other than the decision-maker

Question 3

1. notice of performance expectations & consequences

Answer 3

• provide the employee w/ notice of the expectations (ex: attendance, dress, customer service). refer to employee manual or other policy statement
• also provide the employee w/ notice of future consequences if the issue is not resolved

Question 4

2. performance counseling

Answer 4

• meet w/ employee to go over how their conduct or performance has fallen short of expectation
• give notice of consequences should the employee continue to fail to meet the expectations
• discuss w/ the employee the steps he/she should take to meet expectations & within what time frame
• document the session in writing (considered a written warning)

Question 5

3. opportunity to correct

Answer 5

• give the employee opportunity to correct their conduct or performance
• how much time is a reasonable amount of time will depend on the infraction
• if conduct or performance does not improve after the opportunity to correct is given, this shows that the employee has been treated fairly, ie was given a second chance

Question 6

4. consistency w/ internal policies & procedures

Answer 6

• follow progressive discipline guidelines & consult w/ HR to see if all external laws have been followed
• consistency is crucial - are other similarly situated employees being treated the same way?
• follow precedent unless there is a business-related reason to depart from it. if so, document the rationale
• if conduct or performance has not improved, we can & should move ahead w/ the consequences BUT FIRST

Question 7

5. objective review

Answer 7

• before moving ahead w/ the consequences, seek an objective review form a 3rd party not emotionally involved in the process up to this point
• document all steps of this process
• remember these steps w/ N.O.T.I.C.E.