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FRONTLINE SUPERVISOR TRAINING NORTHEAST ARKANSAS SHRM DISCIPLINE, TERMINATION AND DOCUMENTATION Jonesboro, Arkansas August 9, 2011 Rick Roderick Cross, Gunter, Witherspoon & Galchus, P.C. 500 President Clinton Avenue, Suite 200 Little Rock, Arkansas 72201 (501) 371-9999

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FRONTLINE SUPERVISOR TRAINING

NORTHEAST ARKANSAS SHRM

DISCIPLINE, TERMINATION AND DOCUMENTATION

Jonesboro, Arkansas

August 9, 2011

Rick Roderick

Cross, Gunter, Witherspoon & Galchus, P.C.

500 President Clinton Avenue, Suite 200

Little Rock, Arkansas 72201

(501) 371-9999

[email protected]


Human relations
Human Relations

  • Diversity Mandates Good Human Relations

  • Participative Management

  • Employee Involvement

  • Solicit Input

  • Listen

  • Patience

  • “Golden Rule”


Human relations continued
Human Relations (continued)

  • Uniform and Consistent Application of Policies and Procedures

  • Good Communication – clear, concise directions

  • Let employee “win” one now and then

  • Learn how to say “I was wrong”

  • Remember the “Golden Rule”


Employee due process
Employee Due Process

  • Notion of basic fairness

  • Communication (notice) of behavior and job performance standards

  • Following procedures

  • A chance to be heard before action is taken


Employee due process continued
Employee Due Process (continued)

  • Full and timely investigation and follow-up (plus cooling off period, too)

  • A graduated system of penalties

  • Unbiased review and an appeals process


Employer social responsibility
Employer Social Responsibility

  • To “salvage” employee

  • Better us than society


Burden on employer heavy
Burden on Employer - Heavy

  • Burden of proof, heavy

  • Must show procedural fairness and due process

  • Is “just cause” necessary?

  • Rules, policies, and discipline must be reasonable

  • Discipline applied uniformly and nondiscriminately

  • Documentation – if it’s not written, it didn’t happen



Employee responsibilities
Employee Responsibilities

  • Maintenance of production/service standards – quality, quantity and priorities

  • Responsible use of working time – self and other employees

  • Cooperation with supervision and other employees

  • Respect for other employees and their property

  • Observance of safety and health rules


Employee responsibilities continued
Employee Responsibilities (continued)

  • Proper use and maintenance of company equipment and materials

  • Maintenance of attendance standards, including notification

  • Maintenance of housekeeping standards

  • Personal appearance or dress

  • Protection of confidential information


Prohibited conduct
Prohibited Conduct

  • On the job use or possession of alcohol/illegal drugs (or being under the influence)

  • Possession of weapons

  • Sexual harassment

  • Insubordination

  • Theft (or unauthorized possession)

  • Smoking in restricted areas

  • Falsification of records

  • Fighting on the job



Get the Employee’s

Side of the Issue


Get the employee s side of the story
Get the Employee’s Side of the Story

  • Listen to the employee carefully

  • Document exactly what was said

  • Create accurate historical record

  • Documentation prevents later fabrication


DOCUMENT,

DOCUMENT,

DOCUMENT!


The eeoc says
The EEOC Says:

“If an action is not documented by a written record, state the offense and the resulting action, and explain why it is not recorded.”


Making documentation effective
Making Documentation Effective

  • Do promptly while memories are fresh

  • Don’t postpone documentation merely because of insufficient time to create a perfect memo

  • Focus on important incidents and behaviors

  • Establish internal system to check for consistency

  • Focus on job-related standards and behaviors

  • Reflect good faith attempts to salvage the employee

  • Take action to bridge past warnings


REMEMBER!

UNLESS IT IS

DOCUMENTED,

IT DID NOT HAPPEN


Progressive discipline
Progressive Discipline

  • Assures due process

  • Gives employee extra chance

  • Adequately warns employee


Warning the employee
Warning the Employee

  • Specific examples of shortcomings or infractions

  • An opportunity to present their own case

  • Respect

  • A clear understanding of the consequences

  • Specific recommendations to correct performance

  • A positive attitude from management

  • A second chance


Implementing disciplinary action
Implementing Disciplinary Action

  • Describe facts of incident – don’t judge

  • Ask what happened

    • Listen to employee’s side

  • State policy violation

    • Share your point of view

    • Explain

  • Commit yourself to problem solving approach

  • Get commitment for improvement

    • State your expectations clearly

    • Request employee’s cooperation


Steps of insubordination
Steps of Insubordination

  • Order given

    • Clear

    • Concise

    • Direct

  • Repeat the order

    • Clear

    • Concise

    • Direct

    • Warning of discipline

      3. Ask for explanation – communicate – Why?


Steps of insubordination continued
Steps of Insubordination (continued)

  • Repeat the order (Get a management witness)

    • Clear

    • Concise

    • Direct

    • Warning of discipline

      5. Discipline


THANK YOU

AND

GOOD LUCK


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