Module 5.2B: Discipline and Terminations Flashcards
What is a Discipline Policy?
A discipline policy states what happens when employees don’t meet certain standards of behavior.
The aim of the policy is to establish uniform guidelines so both employees and supervisors know when disciplinary action should be taken and to what extent.
good discipline policy includes language about at-will employment and clearly states when an immediate termination is warranted.
Must be related to the job or specific of the workplace.
What is due process?
Allowing an employee to give their version of the situation.
What is an appeal?
Request that a higher authority rule on an issue
Discipline Policy
The discipline policy should include guidelines about how to decide which starting level is appropriate.
For example, taking home office supplies and verbally assaulting a coworker will have different disciplinary steps.
What are informal discussions?
Supervisor or manager notes employee’s conduct and reminds them of expectations. Can be done in person or brief email or chat message.
Ex) manager sees employees arriving late again to shift and walks over to remind them shift starts at 8 AM.
Documentation can be skipped.
What is verbal warning?
Details specific behaviors that need to be addressed and how.
Ex) manager calls tardy worker into office and says they notice employees arrving 15-20 min late everyday for work.
Manager again reminds them of expected start time and instructs them to be on time and sends follow up email later to document what they discussed.
What is written warning?
If conduct continues, written warning follows. More formal step than email and utilize a form or template. Should include any immediate consequences of behavior and statement that further discipline including termination is possible.
What is a Performance Improvement Plan (PIP)?
Manager creates PIP for improving employee conduct, including measurable metrics and consequences for not meeting goals.
Can be included in verbal or written warnings or skipped together. Plans can be short or long term
What is Suspension?
If employee misconduct continues or behavior poses safety threat, worker can be suspended. Gives organization time to investigate complaints or allegations while protecting others.
What is Termination?
Employee has moved through previous steps without improvement. Extreme behaviors, including illegal acts such as workplace violence, theft, and substance abuse.
In addressing performance problem with an employee it is desirable but NOT essential to:
obtain employee’s signature on file documents
Documentation
A digital or paper trail can help protect against discrimination and provides defensible evidence in a lawsuit
All documents should go into an employee’s personnel file.
HR must emphasize the importance of clear, objective reports and learning to identify only behaviors that are detrimental to work performance
What should be documented?
Any situation that requires a verbal warning or more should be followed with documentation of the specifics: what, when, where, how, and who.
Sally’s office has a strict business attire policy. Her manager reminds her of the policy when she wears distressed jeans one Friday. She apologizes and says her washing machine malfunctioned, leaving her without other clean pants
Don’t document. This is one-time occurrence, and the manager addressed it with a casual conversation. However, if Sally continues to wear too casual attire, manager should start documentation.
Abdul has been arguing often with a coworker in a nearby cubicle about little things. One day, Abdul loses his temper and profanely yells at his coworker. Another coworker quickly intervenes, afraid they will escalate the argument
Document. Abdul’s company policies requires a written warning for this level of conduct. His manager fills out a report and requires Abdul and his coworker to attend a conflict-resolution training.
Todd has a habit of taking home pens, copy paper, sticky notes, and binder clips even though he doesn’t work at home. His manager calls him into their office and tells him to stop or face disciplinary action.
Document. Even though it was a verbal warning, Todd’s manager should create a report, either with a follow up email to Todd reiterating their conversation or with a statement signed by Todd.
Jackie calls her best friend during her lunch break. An HR professional walks in and hears Jackie telling an off-color joke. After she hangs up, the HR professional tells her that her joke is better told at the bar, not at work.
Don’t document, although the HR professional should have reminded her that she could be disciplined if she continued to tell such jokes or discuss inappropriate topics at work.
What is Progressive Discipline?
Progressive discipline gives employees opportunities to improve their conduct and performance before facing serious consequences
PIPs provide guidance and increase the likelihood of success
What are drawbacks?
If not well-written, a progressive policy can become a contract, allowing even serious infractions to begin at the lowest levels
Which of the following would NOT typically be grounds for bypassing the progressive discipline procedure before dismissal?
chronic tardiness or absenteeism
In setting and communicating performance standards, a manager should focus primarily on:
behaviors and results
An employee is terminated for unauthorized use of a controlled substance. Would the employee have an affirmative defense under the Americans with Disabilities Act (ADA) by claiming that a physical condition led to the drug use?
No, because the employee is a current drug user
