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Progressive Discipline Procedures Under Justice In Employment presented by Thomas B. Wieser. “The foundation of justice is good faith.” ~ Marcus Tullius Cicero. According to Justice In Employment, an employee who is not on probation may be terminated only for “Just Cause.”.

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Presentation Transcript

Progressive Discipline Procedures Under

Justice In Employment

  • presented by

  • Thomas B. Wieser


“The foundation of justice

is good faith.”

~ Marcus Tullius Cicero


According to Justice In Employment, an employee who is not on probation may be terminated only for

“Just Cause.”


During initial probationary period, on probation may be terminated only foremployment is “at-will.”

Consider extending period

of probation.


“Just Cause” on probation may be terminated only for

must be established to terminate an employee for

poor performance or

improper conduct.


“Just Cause” on probation may be terminated only for

applies to employment terminations relating to

staff reduction.


Progressive discipline procedures
PROGRESSIVE DISCIPLINE on probation may be terminated only forPROCEDURES

  • Must be followed before termination for Just Cause.

  • Can be considered when making staff reduction decision.


Benefits to following progressive discipline
BENEFITS TO FOLLOWING PROGRESSIVE DISCIPLINE on probation may be terminated only for

  • Process can result in improved employee performance.

  • Process allows for honest and frank discussion with employee.

  • Process provides support for termination decision, if that becomes necessary.


Impediments to following progressive discipline
IMPEDIMENTS TO FOLLOWING PROGRESSIVE DISCIPLINE on probation may be terminated only for

  • Process can be time consuming.

  • Process requires supervisor to have “courageous conversation” with employee.

  • Necessitates making difficult choices; may seem easier to ignore the problem.


Adequate warning
ADEQUATE WARNING on probation may be terminated only for

Did employee know or have reason to know that conduct was wrong?


Reasonable rules
REASONABLE RULES on probation may be terminated only for

Does the rule or policy create a safe and supportive work environment?


Rule or standard of conduct violated
RULE OR STANDARD OF on probation may be terminated only forCONDUCT VIOLATED

What rule, policy, or standard of conduct did the employee violate?


Fair investigation
FAIR INVESTIGATION on probation may be terminated only for

Has a fair investigation been conducted?

Was the employee given an opportunity to explain what happened?


Proof of wrongdoing
PROOF OF WRONGDOING on probation may be terminated only for

Has the allegation of wrongdoing

been proved?


Fair and equal treatment
FAIR AND EQUAL TREATMENT on probation may be terminated only for

Did a different employee commit

a prior similar violation; and if so,

how was that employee disciplined?


Appropriate discipline
APPROPRIATE DISCIPLINE on probation may be terminated only for

What is the appropriate level

of discipline?


Step one oral warning
STEP ONE on probation may be terminated only forOral Warning

Document:

  • Date

  • Time

  • Subject matter


Step two written warning
STEP TWO on probation may be terminated only forWritten Warning

Document:

  • Problem

  • Improvement needed

  • Timetable for improvement (if appropriate)

  • Define consequences


Step three final written warning
STEP THREE on probation may be terminated only forFinal Written Warning

Document:

  • Problem is extremely serious

  • Employee’s last chance

  • Termination if no improvement


Step four dismissal
STEP FOUR on probation may be terminated only forDismissal

Prior to dismissal, employer must

“seek and follow” advice

of qualified attorney.


Sample progressive discipline form
Sample Progressive Discipline Form on probation may be terminated only for

[Employee Name]

[Oral] [Written] [Final] Warning

From: [Supervisor Name]

Date: October 28, 2011

Time: 2:00 p.m.

Present: [Employee]

[Supervisor]

[Parish Administrator]

[Pastor]

NATURE OF PRESENT CONCERN

This is to notify you that we are [initiating] [continuing] progressive discipline under Justice In Employment.

[Refer to specific policy employee has violated.]

Background

[Describe prior disciplinary instances.]

Improvement Required

[Describe specific corrective action and a timetable, if appropriate.]

Consequences

“Any further violations of this policy or any other performance deficiencies will result in discipline, up to and including immediate termination.”


The Prayer Said Before Finals on probation may be terminated only for

Now I lay me down to study.

I pray the Lord I won’t go nutty.

If I should fail to learn this junk,

I pray the Lord I will not flunk.

But if I do, don’t pity me at all.

Just lay my bones in the study hall.

Tell my Prof I did my best,

then pile my books upon my chest.

Now I lay me down to rest,

and I pray I’ll pass tomorrow’s test.

If I should die before I wake,

that’s one less test I’ll have to take.


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