Download presentation
Presentation is loading. Please wait.
1
Discipline & Discharge: Necessary Documentation
Presented by: Charles W. Cavagnaro, Jr. Evans | Petree, P.C.
2
Something About Mary 3+ year employee Barely average performance
Work area not clean and organized Missing/damaged shipments
3
Something About Mary No warnings on file No performance evaluations
No documentation of performance problems Only “told” her of the problems
4
Something About Mary Mary reports “the incident”
Tells her manager that employee said another co-worker tried to put a noose around his neck Manager talks to all employees in department but takes no action Mary given list of things to improve in the warehouse few days later
5
Something About Mary Employer consolidates warehouse operations 6 weeks after her report Not considered for a new position Terminated because of “job elimination”.
6
Something About Mary
7
Something About Mary Mary sues for retaliation because she reported an incident of racial harassment Employer says she was terminated because her job was eliminated, plus she wasn’t that good of an employee anyway Result at trial ……
8
Something About Mary
9
Something About Mary Mary wins: $60,213.07 in back pay
$42,000 in compensatory damages $350,000 in punitive damages $191, in attorneys’ fees and costs
10
Avoiding the Problem
11
Why is this Important? EEOC Statistics
91,503 discrimination & harassment claims filed in FY 2016 $224.5 million in monetary benefits EEOC recovered in FY 2016 – not including litigation 66% of employees unaware of company harassment and discrimination policies
12
Effective Discipline Why discipline employees?
Reinforce Standards – Makes all employees aware of expectations Deter Improper Conduct – Change employee’s behavior for the better. Punishment is not the goal
13
Effective Discipline Rule of Immediacy Rule of Consistency
4 Golden Rules of Employee Discipline Rule of Immediacy Rule of Consistency Rule of Impersonality Rule of Positivism
14
Effective Discipline Rule of Immediacy Discipline as soon as possible
Cause and effect Eliminates possibility of insulation Discipline delayed is discipline lost
15
Effective Discipline Rule of Consistency
Prevents claims of discrimination “Fair vs. Equal” Justify departures and inform employee Address all rule violations Inform appropriate management
16
Effective Discipline Rule of Impersonality
Discipline associated with violation not supervisor – “It’s not personal” Be friendly, not a friend Do not play favorites Praise in public/Criticize in private
17
Effective Discipline Rule of Positivism
Not time to beat up on employee “You can do it” attitude Listen to employees Follow up with employee
18
Effective Discipline Power of Documentation People lie, memories fade
Document non-serious violations Document investigations Document employee complaints Always send to appropriate management
19
Effective Discipline Disciplinary Interviews Get a game plan
Inform appropriate management Make sure manager is objective Should be done as soon as possible Interview employee at issue 1st or 2nd Always have witness in interviews
20
Effective Discipline Disciplinary Interviews Ask specific questions
5 Ws - Who? What? When? Where? Witnesses? Don’t just “Get a Statement” Follow up on responses Separate fact from rumor
21
Effective Discipline Disciplinary Interviews
Use documents to support questions Ask that employee keep confidential but recognize you cannot Take notes - have witness verify Recognize silence and avoidance Ask if witness has any other relevant info
22
Effective Discipline Preparing Documentation Describe circumstances
Identify rules violated or standards not met List prior discussions or incidents Describe employee explanation
23
Effective Discipline Preparing Documentation
Agreement for future compliance or improvement Consequences for non-compliance Signature of manager and employee Placed in appropriate file
24
Effective Discipline Motivational Discipline
Remain positive during process Anger and punishment rarely work Employee takes responsibility Prior decisions Future performance – “You can do it” Follow up after discipline
25
Make Terminations “Stick”
Do not be afraid to pull the trigger and terminate a problem employee. No good deed goes unpunished Leopards don’t change their spots Discipline delayed is discipline lost “Should have fired him when he …”
26
Make Terminations “Stick”
Was employee warned of consequences? Specific rule employee has violated? Was employee aware of the rule? Investigation complete? Fair and objective? Documented? Investigation support charges? Notified appropriate management?
27
Make Terminations “Stick”
Have others done same thing and not been terminated? Does “the punishment fit the crime”? Is termination the most appropriate discipline? Progressive discipline First offense termination
28
Make Terminations “Stick”
Before making decision final, ask yourself: Am I proud of this decision? Would I be embarrassed to explain this to a judge or jury?
29
Make Terminations “Stick”
Executing the Decision Call meeting at end of day Inform employee of termination Short and sweet No debating Have paperwork ready and allow time to get personal items
30
Avoiding Liability Loose lips sink ships
Avoid stereotypical comments Avoid conversations about protected classes Only discuss personnel matters with appropriate management Don’t call termination a “layoff” Always get employee’s side of story
31
Avoiding Liability Document, Document, Document
Address the bad attitude Get independent verification Give specific examples of problem Select right reason for discharge Call it what it is Don’t throw in kitchen sink
32
Questions
Similar presentations
