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FRONTLINE SUPERVISOR TRAINING

NORTHEAST ARKANSAS SHRM

DISCIPLINE, TERMINATION AND DOCUMENTATION

Jonesboro, ArkansasAugust 9, 2011

Rick RoderickCross, Gunter, Witherspoon & Galchus, P.C.

500 President Clinton Avenue, Suite 200Little Rock, Arkansas 72201

(501) 371-9999rroderick@cgwg.com

Human Relations

Diversity Mandates Good Human Relations Participative Management Employee Involvement Solicit Input Listen Patience “Golden Rule”

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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”

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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

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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

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Employer Social Responsibility

To “salvage” employee

Better us than society

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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 happen7

What is YOUR policy on discipline?

Do you know it?

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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 9

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

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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

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What is YOUR policy on conduct?

Do you know it?

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Get the Employee’s Side of the Issue

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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

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DOCUMENT,DOCUMENT,DOCUMENT!

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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.”

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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

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REMEMBER!

UNLESS IT ISDOCUMENTED,

IT DID NOT HAPPEN

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Progressive Discipline

Assures due process Gives employee extra chance Adequately warns employee

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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

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Implementing Disciplinary Action

1. Describe facts of incident – don’t judge2. Ask what happened

- Listen to employee’s side3. State policy violation

- Share your point of view- Explain

4. Commit yourself to problem solving approach

5. Get commitment for improvement- State your expectations clearly- Request employee’s cooperation

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Steps of Insubordination

1. Order given- Clear- Concise- Direct

2. Repeat the order- Clear- Concise- Direct- Warning of discipline

3. Ask for explanation – communicate – Why?

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Steps of Insubordination (continued)

4. Repeat the order (Get a management witness)

- Clear- Concise- Direct- Warning of discipline

5. Discipline

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THANK YOUAND

GOOD LUCK

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