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Human Resource Best Practices Part I – A Solid Foundation. Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana Municipal Interlocal Authority. Disclaimer.

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human resource best practices part i a solid foundation

Human Resource Best PracticesPart I – A Solid Foundation

Presented by John M. Cummings, PHR

Personnel Director

Employment Practices Specialist

Montana Municipal Interlocal Authority

disclaimer
Disclaimer
  • (Please Note: All materials, recommendations, and draft personnel policy language provided in this PowerPoint presentation should be reviewed and approved by a City Attorney prior to utilization or adoption.)
the human resource foundation

The Human Resource Foundation

Personnel Policies and Procedures

Employment Practices Liability Coverage

(EPLC) through MMIA

Job Description Development

Performance Appraisals

Corrective Action and Discipline (Part II)

why create or update our personnel policy manual
Why Create or Update our Personnel Policy Manual?
  • If PPM is more than 4 years old it should be reviewed
  • History of inaccurate policies and procedures circulating the State
  • Allows For Proactive Management
  • Improves Employee Relations
  • Helps Guide Your Supervisors
why create or update our personnel policy manual6
Why Create or Update our Personnel Policy Manual?
  • Functions as a recruitment tool
  • Assists in developing “Consistent” personnel management practices
  • PPM meeting MMIA’s underwriting criteria is required in order to attain Employment Practices Liability Coverage (EPLC)
proactive management employee relations
Proactive Management & Employee Relations
  • Policies are established in writing and address situations in a uniform and non-discriminatory manner
  • Orients employees and assists them in understanding and following policies
  • May assist with union relations
  • Assists in making personnel actions defensible
guiding supervisors
Guiding Supervisors
  • Provide guidelines to supervisors
  • Reduce misunderstandings
  • Increase consistency
  • Support disciplinary action
  • Avoid charges of discrimination and favoritism
recruitment retention tool
Recruitment & Retention Tool
  • Introduce your culture and environment and provide a clear understanding of policies and procedures
  • Include a Welcome Letter, and your Vision, Mission, History of your city/town and an Organizational Chart
  • Manual should be non-technical and accessible to a wide range of educational levels
consistent personnel management
Consistent Personnel Management
  • Examine what is in writing vs. what actually happens “on the job”
  • Consistency is key to employees adopting the guidelines
  • Provide training to employees, supervisors, and Council Members
  • Include Employee Signature Receipt Page with Policy Manual
questions for the group
Questions For The Group
  • Does your municipality have, and consistently follow, a PPM?
  • When was the last time you sat down and went through your town’s PPM?
questions for the group12
Questions For The Group
  • Any current weaknesses you have found in the PPM that have caused you difficulty?
  • Who has final authority for Personnel Actions in your PPM?
isn t the municipality safer without anything in writing
Isn’t the Municipality Safer Without Anything in Writing?

The Argument(s):

  • If we don’t have anything in writing, we won’t be held to that particular standard.
  • I have no way to ensure that employees and supervisors will follow the written policies and procedures.
isn t the municipality safer without anything in writing14
Isn’t the Municipality Safer Without Anything in Writing?

The Reason(s) to put policies and procedures in writing:

  • Difficult to enforce unwritten policies and procedures (& lack of consistency)
  • Court may decide based on past practices what your policies and procedures are
  • Leads to unproductive disputes
  • Charges are difficult to disprove
in general
In General
  • PPM size will depend on the complexity of the municipality.
  • There is no “required” PPM – Instead PPM should be designed to meet your needs
  • Most do not need a 50 to 70 page PPM
  • Handout “Template” Table of Contents (covers the basics in roughly 24 pages with attachments)
essential personnel policies
“Essential” Personnel Policies
  • Probationary Period
  • Unlawful/Sexual Harassment
  • Corrective Action and Discipline
  • Complaint Resolution and Grievance
  • Equal Opportunity Statement
essential personnel policies18
“Essential” Personnel Policies
  • Work Site Safety
  • Family Medical Leave Act: public, state, & federal employers & private-employers who employed 50 or more employees in 20 or more workweeks
  • Maternity Leave
  • Military Leave
essential personnel policies19
“Essential” Personnel Policies
  • Reduction In Force (RIF) Policy
  • New Employee Orientation
  • Drug Free Workplace / Drug and Alcohol Testing
  • Receipt Page (signature page for employee)
reviewing specific policies
Reviewing Specific Policies
  • Probationary Period Policy
  • Unlawful/Sexual Harassment Policy
  • Corrective Action and Discipline Policy
  • Complaint Resolution and Grievance Procedure
probationary period defining good cause
Probationary Period – Defining Good Cause
  • Montana is not an “At Will” employment State. To discharge an employee who has completed their probationary period, the employer must show “good cause”.
  • Under the Montana Wrongful Discharge from Employment Act, good cause is defined as “reasonable job-related grounds for dismissal”
probationary period
Probationary Period
  • Employers should include a probationary period policy in their manuals
  • During a one-year probationary period employment can be terminated by either party, at will, on notice to the other party, for any reason or for no reason”
probationary period24
Probationary Period
  • Montana Law defaults to 6 months if not stated.
  • Fire and Police have statutory probationary periods.
  • Collective Bargaining Agreements may set different probationary periods.
probationary period25
Probationary Period
  • Employers should not include a “Special Secret Double Probation Policy”
  • Probationary Period Policy “Extensions” should be carefully defined and consistently applied
  • Question: Does a non-probationary period employee serve a new probationary period when he/she is promoted/demoted?
  • Existing employees must undergo a break in service before they are placed in a new Probationary Period
questions for the group26
Questions For The Group
  • How long is your probationary period & how long do you think it should be?
  • Do you allow for extensions to the probationary period? In what instances?
  • Is probation ever utilized as a substitute for corrective action?
richie v town of ennis 2004 mt 43
Richie v. Town of Ennis, 2004 MT 43
  • Richie hired as Town Marshal – Town had 6 mo probationary period
  • Mayor terminated Richie
  • Richie filed suit under Wrongful Discharge from Employment Act
  • Court upholds termination, but under State Statute allowing Mayor broad discretion to discharge probationary officer (12 mo probationary period)
hunter v city of great falls 2002 mt 331 december 20 2002
Hunter v. City of Great Falls, 2002 MT 331 (December 20, 2002)
  • Firefighter probationary period governed by statute – but statute doesn’t limit it to 6 mo.
  • Hunter’s termination correct in that he did not meet other criteria for permanent employment.
  • Result is that prob periods can be extended but employee must be notified at beginning of employment, policies must be in writing, included in orientation, and extension should be made prior to original probationary period expiring.
hobbs v city of thompson falls
Hobbs v. City of Thompson Falls
  • In summary: Police officers in Montana serve a probationary period of employment which cannot exceed one year. During their probationary period they may be terminated by the city's chief executive without cause.
  • However, following satisfactory completion of the probationary period of employment, a police officer cannot be terminated without cause.
hobbs v city of thompson falls30
Hobbs v. City of Thompson Falls

The good cause provisions of the wrongful discharge from employment act are then applicable. That officer is still subject to confirmation by the city council / commission and does not become a member of the police force subject to other protections afforded to confirmed police officers without confirmation. However, confirmation cannot be denied following the satisfactory completion of the probationary period without good cause

unlawful harassment
Unlawful Harassment
  • Unlawful harassment exposes you to an extremely high liability risk
  • Most easily offended person sets the standard
  • Summer help: Pools/Parks/Recreation
unlawful harassment33
Unlawful Harassment
  • “It is the policy of this city to provide a work environment for each employee, which is free from unlawful harassment”
  • This city also prohibits retaliation against employees who expose harassment
unlawful harassment34
Unlawful Harassment
  • Unlawful sexual harassment means any unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when:
unlawful harassment35
Unlawful Harassment
  • A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
  • B. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or
  • C. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
unlawful harassment examples
Unlawful Harassment Examples
  • Unwelcome sexual advances
  • Sexual gestures; graphic verbal comments of a sexual nature, including such comments about a person’s body; sexually degrading words used to describe an individual
  • Displaying sexually suggestive objects, pictures, cartoons or posters
unlawful harassment37
Unlawful Harassment
  • Provide a clear course of action
  • Provide clear procedures to follow
  • Provide a clear chain of command
  • Require them to report and record
  • Detail the steps that will be taken
  • Follow-up on remedy and prevent retaliation
questions for the group38
Questions For The Group
  • Employee stops you in the grocery store and complains that the Mayor is creating a hostile work environment – they want you to advise the City Council to fire the Mayor – What advice to you provide the employee, the Mayor, the Council?
  • Supervisor discovers employee is downloading pornographic materials and distributing them throughout the office? What advice do you provide?
star v west f 3d 9 th cir january 18 2001
Star v. West, F.3d (9th Cir. January 18, 2001)
  • Star claimed hostile work environment – VA took remedial action against accuser but Star didn’t consider it enough discipline.
  • Result was that the court refused to require a certain kind of remedial action when an employer is faced with a sexual harassment claim. Employer can decide how to deal with the problem.
nichols et al v azteca restaurant enterprises inc f 3d 9 th cir july 16 2001
Nichols, et al. v. Azteca Restaurant Enterprises, Inc., F.3d (9th Cir., July 16, 2001)
  • Sexual harassment and retaliation claim based on “gender-based Stereotypes”.
  • Result was that Azteca’s policy and training did indicate reasonable care to prevent harassment BUT it did not exercise reasonable care to promptly correct harassing behavior so liable for hostile work environment.
  • Need Policy and Need to Enforce / Follow-up / and Prevent Retaliation
dernovich v city of great falls
Dernovich v. City of Great Falls
  • The Montana Human Rights Commission found that off-color jokes and cartoons circulated around the office by both men and women created a hostile work environment. In addition, the city was ordered to prevent sexual harassment of employees and evaluate department heads’ performance each year based on "the quality and success of their efforts to implement and enforce the antidiscrimination policies."
nichols et al v azteca restaurant enterprises inc f 3d 9 th cir july 16 200142
Nichols, et al. v. Azteca Restaurant Enterprises, Inc., F.3d (9th Cir., July 16, 2001)
  • Sexual harassment and retaliation claim based on “gender-based Stereotypes”.
  • Result was that Azteca’s policy and training did indicate reasonable care to prevent harassment BUT it did not exercise reasonable care to promptly correct harassing behavior so liable for hostile work environment.
  • Need Policy and Need to Enforce / Follow-up / and Prevent Retaliation
complaint resolution and grievance procedures
Complaint Resolution and Grievance Procedures

Grievances shall consist of matters of disagreement arising out of the employer-employee relationship:

  • where there is no applicable policy
  • where there is deviation from policy
  • where the policy is considered to be inappropriate
complaint resolution and grievance procedures45
Complaint Resolution and Grievance Procedures
  • All disciplinary action may be subject to grievance, with the exception of corrective counseling and verbal warnings
  • A decision not to renew a term employment contract or to terminate a probationary employee are not grievable matters, and are not subject to the procedure. 
complaint resolution and grievance procedures46
Complaint Resolution and Grievance Procedures
  • Grievance procedures steps should clearly outline the chain of command and required deadlines for all participants - Examples:
  • Verbally present grievance to supervisor  
  • Submit grievance in writing to supervisor
  • Supervisor provides written response
  • Employee may appeal by submitting written grievance to the Mayor – Mayor review and respond
  • Timeline / Deadlines are Key
  • Provide copy of Policy to terminating employees
offerdahl v state of montana dept of nrc 2002 mt 5 january 15 2001
Offerdahl v. State of Montana Dept. of NRC, 2002 MT 5 (January 15, 2001)
  • Under the Montana Wrongful Discharge from Employment Act, employers have complete defense if they have a written grievance procedures, they provide a copy to the employee at time of termination, and the employee fails to follow the policy – this case upholds this aspect of the WDA.
  • Court indicated that Oferdahl did not follow the guidelines under the grievance procedures.
questions for the group48
Questions For The Group
  • Does your City or Town take grievances to mediation or arbitration? Pro’s and Con’s.
  • Employee wants to grieve the disciplinary actions of their Supervisor who is the Mayor – How do you advice the employee, the Mayor, and the Council?
drug and alcohol testing
Drug and Alcohol Testing
  • Drug and Alcohol Free Workplace Policy
  • Your city or town should review your need for a Drug and Alcohol Testing Policy.
  • Template available from MMIA
drug free workplace act
Drug-Free Workplace Act
  • In compliance with the Drug-Free Workplace Act of 1988, (Title 41-10-701 through 707, U.S.C. as amended), the city is committed to providing an alcohol-free and drug-free workplace.
  • The city prohibits the unlawful manufacture, distribution, sale, possession or use of a controlled substance or alcohol in the workplace or while conducting business.
drug free workplace act52
Drug-Free Workplace Act
  • In compliance with the Drug-Free Workplace Act of 1988, (Title All employees must comply with this policy and notify the MAYOR/CITY MANAGER]and/or their designee in writing of any drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
  • The MAYOR/CITY MANAGER and/or their designee is responsible for notifying the appropriate federal granting agency of the conviction when the employee involved is working on a federal grant or contract, within ten (10) days of learning of the conviction. Employees who violate this policy may be subject to disciplinary action.
d a testing background
D&A Testing Background
  • Montana legislature adopted the Workforce Drug and Alcohol Testing Act in 1997, no part of the act has been challenged up to the Montana Supreme Court level.
  • Therefore, employers have no guidance as to whether the Montana Supreme Court will find the Act (in whole or in part) or the implementation of the Act, constitutional.
d a testing background54
D&A Testing Background
  • Right to privacy issues are of concern
  • If the policy is challenged, it will be a case of first impression and thus it is impossible to tell whether the Montana Supreme Court will uphold the constitutionality of the Act or its implementation.
drug and alcohol testing55
Drug and Alcohol Testing
  • Drug and Alcohol Free Workplace Policy
  • Review your need for a Drug and Alcohol Testing Policy
  • Review positions that require CDL and the testing requirements
  • Template available from MMIA
applicability of policy
APPLICABILITY OF POLICY
  • The City prohibits employees from using or being under the influence of alcohol or drugs during working hours, while conducting any City business, while on City property or while driving City vehicles.
  • This Policy requiring certain drug and alcohol testing of certain employees will apply to all employees engaged in the performance of work, supervision, or management in a hazardous work environment, all employees holding positions involving matters of public safety, security, or fiduciary relationships, and all employees operating City vehicles.
applicability of policy57
APPLICABILITY OF POLICY

Employees subject to testing are as follows:

  • Individuals engaged in the performance, supervision, or management of work in a hazardous work environment, security position, position affecting public safety or fiduciary position for the City, and
  • Individuals involved in the operation of commercial motor vehicles or revenue service vehicles
  • These positions include the following categories of employees, job titles and job descriptions:
  • Policy does not apply to independent contractors.
compliance
COMPLIANCE
  • All eligible employees will be subject to urine drug testing and/or breath alcohol testing. Employees who refuse to comply with a request for testing, who provide false information, or who adulterate or substitute samples shall be removed immediately from duty, and will be subject to disciplinary action, up to and including termination.
  • Examples of an employee’s refusal to submit to the required test includes, but is not limited to, (1) a failure to provide an adequate urine specimen or breath sample without a valid medical explanation for the failure, (2) verbal declaration of refusal, (3) obstructive behavior resulting in an inability to conduct the test, or (4) physical absence at the scheduled testing time.
types of testing
TYPES OF TESTING
  • Reasonable Suspicion Testing
  • Post‑Accident Testing
  • Random Testing: Testing of All Employees on a Date Certain & Periodic Random Testing Within a Calendar Year.
  • Pre-employment Testing
questions for the group60
Questions For The Group
  • New Mayor wants to perform drug and alcohol testing on everyone, feels it is his right and duty. What advice do you provide?
  • The Mayor doesn’t tell you he/she has initiated testing and ends up firing the Administrative Assistant due to a positive drug test. What advice do you provide?
key disclaimers
Key Disclaimers
  • The Personnel Policy Manual supersedes any previous written, or unwritten, personnel policies and/or manuals.
  • The Personnel Policy Manual does not create a contract, express or implied, between the organization and the employee.
  • The Personnel Policy Manual does not guarantee employment for any specific time period.
key disclaimers63
Key Disclaimers
  • The PPM can only be changed in writing, by the Mayor/Council
  • This PPM can be changed by the organization unilaterally, at any time.
  • The PPM is not all-inclusive, and is only a set of employment guidelines.
i ve put my manual together now what
I’ve put my manual together, now what?
  • Be comfortable with each policy
  • Once adopted your policies must be followed
  • Remember - you can change your mind!
  • Make it simple to update and keep it updated
  • Track updates clearly and consistently
i ve put my manual together now what65
I’ve put my manual together, now what?
  • Train employees and supervisors
  • Don’t just throw it on the shelf
  • Employees must acknowledge reading and understanding manual content
  • Remember it is a “living” document subject to legislative rulings, industry norms, technological advancements, and changes in your city or town
job description development67
Job Description Development
  • Accurate Job Descriptions are critical to the success of a Municipality.
  • Oftentimes Job Descriptions are left undone, or become quickly outdated.
  • Becomes hard to identify truly what a person does – or is supposed to do.
  • How to start – Templates available from MMIA and then do a Job Analysis.
what is a job analysis
What is a Job Analysis?
  • Process to identify and determine in detail the particular job duties and requirements and the relative importance of these duties
  • Analysis is conducted of the job, not the person
  • End product is a job description not a description of the person
what aspects of a job are analyzed
What Aspects of a Job Are Analyzed?
  • Relationships/Supervision given and received
  • Exempt vs. Non-exempt
  • Duties and tasks
  • Environment
  • Tools and Equipment
  • Knowledge Skills Abilities (KSA’s)
  • Essential functions and/or duties
how are these aspects analyzed
How are these aspects analyzed?

Methods of Job Analysis

  • Observation
  • Desk Audits
  • Individual or group interviews
  • Questionnaire
  • Employee logs
  • Revising/reviewing existing job descriptions
job descriptions are useful because
Job Descriptions Are Useful Because….
  • Identifying training needs
  • Recruitment & Selection
  • Compensation
  • Performance Evaluation
  • Corrective Action / Discipline
  • Organizational redesign/staffing issues
  • Strategic Planning
  • Describe physical needs of various positions to avoid discrimination complaints
what to call it
Performance Evaluation

Performance Appraisal

Performance Review

Annual Review

Job Performance Review

Job Performance Evaluation

Annual Performance Discussion

Personnel Evaluations

What to Call it?
sound familiar
Sound Familiar?
  • “Why do you keep nagging me to document performance problems - I do an annual review!”
  • “I don’t have the time to do these personnel evaluations - they are just a waste of time anyway.”
  • “I don’t like talking to people about their performance.”
why supervisors should care
Why Supervisors Should Care
  • Faster resolution of employee problems
  • Chance to identify misunderstandings
  • Communicate expectations to employees and update job descriptions
  • Opportunity for employee to ask questions/for manager to ask employee questions
  • Easier corrective action
performance evaluation documents should
Performance Evaluation Documents Should….
  • Use plain non-technical language
  • Be performed consistently
  • Record important facts clearly and objectively
  • Memorialize the basis for the employment decision
  • Avoid extreme or conclusory language
performance evaluation documents should77
Performance Evaluation Documents Should….
  • Be specific and based on verifiable facts or measurable goals
  • Be dated and clearly identify the author
  • Be signed and dated by the employee
  • Be based on an accurate Job description
evaluate without fear
Evaluate without Fear
  • Only evaluate those areas that are necessary for effective job performance
  • Communicate clear job standards so employee know how to get top ratings
  • Document problems when they occur so that you can references these records
  • Be honest
      • What points can you praise employee for?
      • What areas do you want the employee to improve in?
      • Can you support the evaluation with hard facts?
performance evaluations make corrective actions easier
Performance Evaluations Make Corrective Actions Easier
  • Improves managers recollection of the events
  • Enhances managers credibility for accuracy
  • Provides confidence that the manager is organized, responsible and fair
  • Objective evidence of performance problems
performance evaluations make corrective action easier
Performance Evaluations Make Corrective Action Easier
  • Non-discriminatory, business-related concern
  • Employee may self-select and resign
  • Documentation deters litigation
  • Employee know you have evidence to help win a case
  • Less attractive for plaintiff’s counsel to accept a contingent fee case
in summary evaluations are your greatest defense when
In Summary: Evaluations are Your Greatest Defense When:
  • They offer clear documentation of performance
    • written proof of logic, business necessity and equity
  • They are consistent
    • use both mitigating or enhancing criteria
  • They are candid and truthful
    • Jensen v. Hewlett-Packard (1993)
potential consequences of an improper evaluation
Potential Consequences of an Improper Evaluation
  • Defamation
  • Retaliation under Title VII or ADA
  • Interference with prospective economic advantage
  • Poor morale
  • Disrespect for management
employment practices liability coverage from mmia
Employment Practices Liability Coverage From MMIA
  • As a member of MMIA’s Liability program you are eligible to join the EPLC coverage at no charge.
  • Currently, the Memorandum of Liability Coverage excludes certain employment practices. The EPLC coverage will expand your liability coverage to include defense costs for wrongful employment practices claims.
wrongful employment
Wrongful Employment
  • Means the actual or alleged: wrongful employment termination, unlawful discrimination, sexual harassment, Civil Rights violation, and/or workplace torts. The employment practices liability coverage does not extend to indemnification or penalties under State or Federal provisions and does not include collective bargaining or Union grievance procedure issues, including union negotiations.
who has this coverage
Who Has This Coverage
  • 41 municipalities have received the EPLC Endorsement
  • MMIA will come on-site to meet with staff, work with Council Members, and explain the EPLC Endorsement process
  • Underwriting Criteria do not “require” a specific manual. This allows the City or Town to develop a customized PPM.
the eplc review process
The EPLC Review Process
  • MMIA will start by reviewing your personnel policy/procedures manual, job descriptions, and employment application against MMIA’s underwriting criteria (provided).
  • MMIA will provide a formal review letter indicating what items may need to be updated and/or edited and provide samples.
  • Items that need to be sent include: PPM, Employment Application, Sample Job Descriptions, standardized Interview Questions (if used)
eplc assistance
EPLC Assistance
  • If your city or town needs a personnel policy manual, job descriptions, or an employment application, MMIA can provide you with a template to review and make your own.
  • All policies and procedures should be reviewed with your City Attorney prior to adoption.
human resource best practices part ii corrective action

Human Resource Best PracticesPart II - Corrective Action

Presented by John M. Cummings, PHR

Personnel Director

Employment Practices Specialist

Montana Municipal Insurance Authority

corrective action and discipline
Corrective Action and Discipline
  • A properly designed Corrective Action and Discipline Policy will help ensure that all managers and supervisors follow the same course of action when working with employees.
  • Key Areas: Timeliness, Consistency, Accuracy, and Documentation
corrective action and discipline important disclaimer
Corrective Action and Discipline-Important Disclaimer-
  • Each of the following disciplinary actions is independent of the other and will not necessarily be applied in the order listed. For example, depending on the severity of the offense, an employee may be terminated or suspended without having been warned or counseled, or may be terminated without having been placed on probation or suspended.
corrective action and discipline92
Corrective Action and Discipline

For Non-Probationary Employees:

  • Corrective Counseling (optional)
  • Oral Reprimand
  • Written Reprimand
  • Suspension (with or without pay)
  • Disciplinary Demotion (optional)
  • Termination
corrective action and discipline93
Corrective Action and Discipline

As you enter into Corrective Action:

  • Clearly explain to the employee that this is a specific action in the City’s Corrective Action/Disciplinary Policy
  • Clearly explain where they are at in the corrective action process
  • Do not label the Steps “Step 1…”
corrective action and discipline94
Corrective Action and Discipline
  • Corrective counseling is a straightforward discussion with an employee about matters deemed to be a problem with work related performance or behaviors
  • Document, file, and provide a copy for the employee
corrective action and discipline95
Corrective Action and Discipline
  • An Oral Reprimand may be given to employee for job-related reason
  • Fully explain and discuss the nature of the problem
  • Provide a plan of improvement.
  • Document, file, and provide a copy for the employee
corrective action and discipline96
Corrective Action and Discipline
  • Written Reprimand is similar to the verbal warning and must contain a description of the specific conduct for which the employee is being warned, how to correct the problem, and consequences if problem is not corrected
  • Document, file, and provide a copy for the employee
corrective action and discipline97
Corrective Action and Discipline
  • Suspension may be with or without pay and may result in dismissal or reinstatement with or without back pay; however, exempt employees may be suspended without pay only for a period of one or more weeks.
  • Provide an opportunity to conduct an investigation.
corrective action and discipline98
Corrective Action and Discipline
  • Disciplinary demotion for job-related reasons. The terms of a disciplinary demotion must be in writing, and must contain a description of the specific conduct or reasons for which the employee is being demoted. If appropriate, a disciplinary demotion may include a plan of improvement.
corrective action and discipline99
Corrective Action and Discipline
  • An employee may be terminated for job-related reasons. Notice of a termination must be in writing and must contain a statement of the reasons for the termination. A copy of the notice must be given to the employee, and will be placed in the employee’s personnel file.
  • Provide employee with copy of Grievance Policy.
corrective action and discipline101
Corrective Action and Discipline
  • Examples from your community?
  • Job Performance…
  • Always late to work…
  • Frequently absent…
  • Verbally abusive…
  • Physical altercation…
  • Drug and/or alcohol use…
  • Off the job behavior…
  • Stealing…
  • Others…