Cuisine De Gourmet

It’s sometimes the case that an employee’s erratic behavior violates
multiple company performance standards simultaneously. For example,
the individual may already be on written warning for exProgressive
cessive absenteeism and then engage in inappropriate workplace
conduct. Does the new conduct infraction warrant placing him on
final written warning overall, or should you issue a separate warning
for his conduct?

It depends. Some of the factors you’ll need to look at include your company’s past practices in handling similar incidents, the severity
of the conduct infraction, and the number of incidents of unauthorized absence. Of course, the state in which your company is
located will also help you determine how bold you may be in terms of taking adverse action against an employee.

Two schools of thought exist: Conservative employers and defense
attorneys usually recommend treating these unrelated infractions
separately. In essence, the employee would remain on written warning for absenteeism and then be given a separate written warning for inappropriate workplace conduct. On the other hand, more aggressive employers believe it is appropriate to view employee behavior in terms of responsibility rather than as isolated behavioral
acts. As such, they believe that lumping all these issues together
allows them the discretion to issue a final written warning for overall
substandard job performance.

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‘‘Bundling offenses’’ is the term often used for this latter school of
thought. Bundling allows violations that are fundamentally unrelated
to be lumped together for purposes of documenting poor performance. This accumulation factor often plays an important role in justifying terminations because arbitrators generally uphold more
aggressive disciplinary measures when numerous performance problems—even if unrelated—have accumulated over short periods
of time. There is a sample written warning for this example in Appendix L.

Taken From : The Hiring and Firing Quention and Answer Book

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Why is it important to identify the type of infraction and the link between disciplinary events? The answer lies in the perception of fairness. When a repeated violation of the same rule or type of rule occurs, further discipline is warranted. That’s fair to your workers and would be perceived as equitable by a jury.

What you don’t want to do, however, is create a record in which
the manager addresses employees’ isolated behavioral events. Sometimes our forms and policies create these problems for us. For example, one fairly common method of administering discipline is via a
‘‘performance warning’’ postcard. These postcards list upward of
forty individual infractions in a ‘‘check box’’ format. When an employee violates one of the forty specific performance areas, the manager checks off the corresponding box.

There are two problems with this method. First, giving an employee
a postcard is akin to giving him a speeding ticket. It’s a quick, down-and-dirty exercise that asks for little input or commitment on his part and offers no help on yours. As such, it has a demeaning element to it. Second and more important is the fact that disciplinary infractions are rarely identical. It is difficult to progress from a verbal to a written to a final written warning when there is little connection between events. You could end up issuing your employees two or three written warnings for different infractions rather than progressing to a final written warning for overall substandard
performance.

Instead of using this postcard method with lists of isolated infractions, simply tie specific incidents to one of the four broad categories listed earlier. It will then be much easier to demonstrate the link or nexus between events, and you will have the documented
grounds necessary to make your performance management system
effective.

Taken From : The Hiring and Firing Quention and Answer Book

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Generally speaking, there are four types of transgressions that occur
in the workplace:

Policy and procedure violations
Performance transgressions
Behavior and conduct infractions
Absenteeism or tardiness problems

Although employee transgressions are rarely identical, most infractions can be categorized in one of these four areas. Some disciplinary infractions violate more than one of these issues simultaneously. For example, an employee who is excessively late to work violates the ‘‘tardiness’’ and ‘‘performance’’ categories. Similarly, someone who engages in inappropriate workplace conduct by getting into a screaming match with a coworker violates the ‘‘policy’’ and ‘‘behavior’’ categories.

The key to allowing progressive discipline lies in establishing a
link or connection between events. Using the example just given, an
employee who is excessively late to work may at first receive a verbal reprimand and an admonition to be on time. If that doesn’t fix
the problem, then a written warning and, ultimately, a final written
warning may be appropriate. Failure to meet the terms of the final
written warning may result in the employee’s termination. In essence,
the employee will have failed to rehabilitate herself, despite the company’s ongoing warnings and stepped-up consequences.

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Substandard job performance is probably the most common problem.
When employees have difficulty mastering the basics of a job or when they fail to communicate appropriately so that their supervisors
learn of problems before they become serious concerns, termination
for substandard job performance is appropriate.

Inappropriate workplace conduct leads to dismissal if an employee
commits gross insubordination, engages in unlawful activities on the job, fights with a coworker, commits time card fraud or otherwise steals time or money from the organization, or violates company policies regarding sexual harassment or discrimination.

Attendance and tardiness infractions occur when an employee
fails to hold himself sufficiently responsible to report to work on
time on a consistent basis. Some companies have very clearly defined
policies regarding what constitutes tardiness or an occurrence of unscheduled absence. Others handle these matters on a case-by
case basis. Companies also differ as to how many occurrences justify
discipline and, ultimately, termination for cause

Taken From : The Hiring and Firing Quention and Answer Book

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