Employee Discipline in a Tough Economic Climate

1. Employee Discipline in a Tough Economic Climate Carol Pinkasavage, PHR www.hrstndassociates.com

2. Goal: Employee Retention of GOOD Employees • Must be pro-active effort • Provide employees with clear objectives • Communicate regularly • Provide feedback regarding performance • Recognize employees when they meet -- or exceed -- their goals and your expectations HRS/TND Associates, Inc.

3. Documentation is Vital • Job Descriptions • Policies/Procedures • Performance Appraisals • Disciplinary Action HRS/TND Associates, Inc.

4. Why Job Descriptions? • Recruitment • Training • Performance appraisals • Tool for ensuring compliance with FLSA HRS/TND Associates, Inc.

5. Policies/Procedures • Company policies should be compliant & written in manual for supervisors • Policies should be condensed in Employee Handbook • Demonstrates compliance with new legislation • Review handbook annually HRS/TND Associates, Inc.

6. Policies/Procedures must be Understood • Training for Supervisors: • new supervisors • new policies/procedures • retrain periodically • Employee Training -- get signature • new hire orientation • new policies/procedures HRS/TND Associates, Inc.

7. Performance Appraisals • Establish objectives, expectations & performance management criteria for each position • Provide feedback on performance • Interactive between supervisor and employee • Employee development plan HRS/TND Associates, Inc.

8. Employee Discipline • Develop ‘Standards of Conduct’ • Document & communicate disciplinary procedures • HR role to ensure discipline is applied consistently and fairly • Training & retraining crucial • HR review of all discipline documentation BEFORE it is used HRS/TND Associates, Inc.

9. Progressive Discipline? • Clear-cut steps for dealing with ongoing issue • Does not solve employee with variety of discipline issues • ‘Standards of Conduct’ list should state which acts are cause for immediate discharge HRS/TND Associates, Inc.

10. Causes for Discipline • Poor performance • Poor attendance/tardiness • Violations of company policy • Dishonesty • Safety and Health Threats HRS/TND Associates, Inc.

11. Poor Performance • Provide specific feedback to employee • Requires documentation of ‘gap’ and specific improvements actions & results • Ensure impartial and consistent treatment • Discharge of ‘protected’ employees requires careful records HRS/TND Associates, Inc.

12. Poor Attendance and Tardiness • Is policy clear? • Distinguish between excused and unexcused absence • Does a short run of good attendance wipe the slate clean? • Document ALL absences and tardiness HRS/TND Associates, Inc.

13. Violation of Company Policy • Are all company policies clearly outlined in handbook? • Ensure consequences are clear • Document distribution of policies to employees HRS/TND Associates, Inc.

14. Dishonesty • Don’t tolerate dishonesty • Base decisions on solid evidence • Consider developing Code of Ethics HRS/TND Associates, Inc.

15. Safety and Health Threats • Violations of Safety policies/procedures • Violations of Drug/Alcohol policy HRS/TND Associates, Inc.

16. Investigations • Get all facts behind incidents • Document all interviews conducted • Consider individual extenuating circumstances • Distinguish between isolated incident and pattern of behavior HRS/TND Associates, Inc.

17. Is Termination the Right Course of Action? • Can employee be ‘saved’? • Is decision impartial and consistent with decisions in similar situations? • Does ‘punishment fit the crime’? • Consider all ramifications: • vulnerability to suit/discrimination charge • impact on organization with loss of employee HRS/TND Associates, Inc.

18. Are There Reasonable Alternatives? • Reassignment to another position • Additional training • Use of Employee Assistance Program HRS/TND Associates, Inc.

19. When it’s Safe to Discharge • For acts listed in employee handbook as cause for discharge • For acts listed in the employee handbook as cause for discharge following progressive discipline steps • Continued poor performance following warnings, performance appraisals, etc outlining issue and providing opportunity and guidelines for employee to correct HRS/TND Associates, Inc.

20. Termination Preparation • Make full use of performance appraisals • Keep detailed documents • Ensure disciplinary documents are signed by employee • Have witness to progressive discipline meetings as steps progress HRS/TND Associates, Inc.

21. Involuntary Termination Checklist • Review situation with HR before taking action • Ensure that appropriate documentation exists • Review entire case as impartial party, such as UC referee • Follow policy regarding final pay and benefits, COBRA HRS/TND Associates, Inc.

22. Desired Results • Rehabilitate ‘problem’ employees • Remove ‘hopeless’ employees • Redefine culture • Retain good employees as economy improves HRS/TND Associates, Inc.