Third, always bear in mind that disciplinary documents are discoverable.
That means that a plaintiff attorney can subpoena your written warnings and use them against your company. Therefore, avoid stating that an employee ‘‘sexually harassed’’ a coworker. Sexual harassment, as a term of the trade, is a legal conclusion. Instead, describe the behavior so that a [...]
Archive for September, 2009
86. What are the three biggest mistakes that employers make when documenting discipline? (1)
Employers commit three basic errors when documenting discipline. They:
Fail to document their affirmative efforts at helping to rehabilitate
their workers.
Document ‘‘state of mind’’ offenses.
Codify the damage done to the organization.
Let’s look at each of these categories briefly. First, remember that employees and juries expect companies to do more than simply point out problems. Companies must act [...]
85. How can an EAP (employee assistance program) help? (3)
In certain cases (for example, with potential workplace violence
issues), you have the option of not permitting the individual to return
to work without a ‘‘return to work release’’ from a licensed
healthcare practitioner. Note that such leaves are typically paid
through the period of initial evaluation. Beyond that, the employeemust use accrued time off to be compensated while [...]
85. How can an EAP (employee assistance program) help? (2)
Tell Me More
The costs of EAP programs are typically based on the number of employees who will have access to the program. As a general rule, figure that premiums range from $2 to $3 per employee per month for a basic program. (If you choose a higher benefit level, those amounts may increase.) So if [...]
71. How can I encourage an underperforming (1)
Even in a tight labor market, it becomes necessary from time to time
to convince employees to leave your company. Why? Because employees who are experiencing performance and conduct problems
will often stay ‘‘on principle’’—in other words, they’ll rationalize that they’ll stay till they’re good and ready to leave. ‘‘No one’s forcing me out of my job [...]
84. How does FMLA limit my right to discipline employees with excessive absenteeism problems?
The Family and Medical Leave Act (FMLA), a labor standard and leave law, makes you liable for punitive damages should you violate job protection rules. It’s no surprise, therefore, that many employers avoid confronting excessive absenteeism for fear of facing a lawsuit somewhere down the road.
Tell Me More
Does a doctor’s note legitimize excessive absenteeism? More [...]
83. How do I handle employees who pattern their unauthorized absences around their regularly scheduled weekends?
The definition of a ‘‘pattern’’ is a frequent, predictable, and observable
employee action that repeats itself over time. When employees take more than 50 percent of their time off around weekends or holidays, then a pattern may be established. (In the example in Appendix Q, the employee took four of five days off on a Monday [...]
LESSON 5
Pegging
Take a vivid picture of what you want to remember and a vivid picture of a peg and put both pictures together using action!
V.I.A.
Vivid Visualization
Imagination
Active Action
82. What’s the most effective way to deal with excessive absenteeism problems? (1)
Commerce Clearing House (CCH) Inc.’s 1999 Unscheduled Absence Survey estimates that excessive absenteeism costs corporate America
somewhere in the neighborhood of $600 per employee annually—a hefty toll, considering that not all absenteeism stems from legitimate illnesses. The first place to look when addressing excessive unauthorized absenteeism is your company policy. Many companies place caps on annual [...]
For example, if you will be asked questions
For example, if you will be asked questions in terms of numbers, such as, “What is Newton’s First Law of Motion,” then studying for such a test is simply a matter of pegging various pieces of information onto various peg lists. Frequently, these “pieces” of information are concepts rather than objects. However, they pose no [...]
