It's an outdated, adversarial method.The traditional progressive-discipline system was concocted by unions. As a result, the approach reflects the adversarial, labor-vs.-management assumptions that prevailed in those hostile times. No other personnel system reflects the antagonistic tassumption that employees and managers are adversaries. It makes the supervisor the bad guy. Most supervisors hate having to take disciplinary action. With its criminal-justice mentality, the system makes the supervisor feel like he's in the wrong. Managers often wait to confront people problems until a nuisance has become a crisis. They face an almost impossible conflict: On the one hand, we ask them to be leaders, teachers, coaches. On the other, we require them to be the dispenser of punishments. No wonder they dawdle and tarry when discipline problems arise. The traditional system is not a corrective process. **Organizations often discover that their supervisors don't see their discipline procedure as a corrective device. To them, it's the procedure they must follow to generate enough paperwork to justify discharge once they've decided that an employee's termination is in order: They view the steps of the discipline system merely as the hoops put up by Personnel for them to jump through in order to effect a problem employee's firing. As a result, they don't even begin the discipline process until they have given up hope of ever correcting the problem. The traditional approach simply asks too little. The progressive-discipline approach is certainly unpleasant. It breeds resentment and hostility. But the system is flawed by more than just its exclusive reliance on punishment: It is insufficiently demanding. Punishment-warnings, reprimands, suspensions without pay -- seems like a tough way of assuring compliance with organizational standards. If someone fails to meet expectations, we punish that individual until he complies. But compliance is all that the traditional system can produce. We can punish people into compliance; we cannot punish them into commitment.
Promotion implies she was doing a good job.“Superior” job evaluationWhy was she brought back when she couldn’t do her regular job.
Why specifically was he demoted back to receptionist position, and why didn’t they reduce his pay. Why was he fired.
What issues or liabilities do you think the company has in its determination of Topsoil.
Go the the Introduction section: list of mandatory policiesLegally required.On the web: References
Use extreme caution with your e-mail practices. Be careful what you put into writing. Words in an e-mail can be easily misinterpreted.Check for any applicable state and/or federal laws for retention requirements for e-mails. You will want to develop a retention policy while keeping in mind that you will apply it in a consistent manner.Remember with e-mails you can have more than one person holding onto those records. For example, when two (or possibly more) people engage in extended e-mail ‘conversations,’ as messages going back and forth, you can have one party who deletes all his or her records. However, no one can control how long other individuals retain those same messages.Be careful before you hit that “send” button to be sure that you are sending e-mail messages to the intended person(s). Some e-mail communications may be considered ‘official documentation’ of what is communicated. If employers are asked by the courts, which can happen, to furnish all e-mails about employee ‘John Doe,’ you may be required to share those e-mails with the court. As an alternative, I recommend that people simply pick up the phone to talk to someone, especially about sensitive or delicate matters that can easily be misinterpreted in an e-mail.Employee health information is private and protected by law. You should not pass around such information by e-mail. Again, you want to avoid getting into employees’ personal and private matters, which can be easily misconstrued or mishandled via e-mailed messages.
Go the Introduction section: list of mandatory policiesLegally required.On the web: References
1. DISCIPLINE w/o PUNISHMENT!! DISCIPLINE DOESN’T HAVE TO HURT !! Presented by Glenn Powell, Executive Director Human Resources Lone Star College System
2. POSITIVE DISCIPLINE BUILDING SUPERIOR PERFORMANCE THROUGH COACHING AND FORMAL DISCIPLINARY ACTION
3. Consequences of PunishmentAction Undesired Employee BehaviorResponse PunishmentShort Term Decrease in Undesired BehaviorLong Term Anger Apathy Absence
4. Building Superior Performance Supervisors are Most Valuable Supervisor the single most important factor in the performance of their employees
5. “Good” NeighborsYou have a neighbor with a dog. You’ve got a problem. Instead of keeping the dog tied up on inside the fence, he lets the dog run free.Kids are afraid to play outside, your flower garden is dug up, the mail carrier won’t deliver your mail because he’s afraid of the dog, and you are getting just a little tired of tracking doggy souvenirs onto the carpet in your house.What do you do?
6. Two Goals:1. Get the dog tied up2. Stay on good terms with your neighbor
7. BEFORE THE MEETING1. What is the desired performance?2. What is the actual performance?3. Good business reasons for solving the problems.4. Consequences if problem continues.5. What is the appropriate action to take.
8. DURING THE MEETING1. Listen to what the employee has to say.2. Gain the employee’s agreement to change.3. Insist on an employee driven action plan (for performance issues).4. Let employee know where he stands.
9. AFTER THE MEETING 1. Document the discussion, not the discipline form. 2.Follow Up to make sure the problem has been solved.
10. Traditional Progressive Discipline INFORMAL TRANSACTIONS Coaching and Counseling FORMAL DISCIPLINARY TRANSACTIONS Step 1 Verbal Reprimand Step 2 Written Warning Step 3 Suspension w/o Pay / Probation / Final Warning Step 4 Termination
11. Why Traditional Discipline Doesn’t WorkBecause it … Is outdated, adversarial method. Makes the supervisor the bad guy. Is not a corrective process. Simply demands too little from the employee.
12. POSITIVE DISCIPLINE SYSTEMObjectives of supervisor’s discussion:To communicate:1. Company’s expectations2. Employee’s personal responsibility
13. DISCIPLINE W/O PUNISHMENT APPROACH INFORMAL DISCUSSIONS CoachingContact Positive Session FORMAL DISCIPLINARY DISCUSSIONS Level 1 Oral Reminder Level 2 Written Reminder Level 3 Decision Making Leave / Final Discussion TERMINATION
14. Purpose of DisciplineDiscipline is not something we DO to bad performers for misbehavior.Rather, it’s something we CREATE and MAINTAIN for all employees because they deserve to work in a safe, professional and productive environment.
15. Module I: Employment Practices
16. Between a Hard Rock and Stoney place• In July 2002, National Oilwell Varco hired Stoney Ruffnec as a field service tech. Twelve months later, he was promoted to a lead tech position. In all of his formal evaluations, he was assessed as a “superior” employee -- “ten out of ten stars”.• In July 2003, Stoney hurt his back at work, and was out for 3 months. He was released by his physician on restricted duty for an “indefinite period”. His supervisor, Shorty Overburden reluctantly followed the instructions from the worker compensation carrier and designed a job for Stoney on dayshift rather than afternoons-- his regular shift -- to better monitor his compliance with the doctor’s orders.
17. Hard Rock (cont’d)• In July, 2004, after nine months on restricted duty and numerous complaints from co-workers about his not doing the job, Ruffnec was demoted back to technician, but Mr. Overburden chose not to reduce his pay. Eight weeks later, he was fired.
18. Hard Rock (cont’d)Ruffnec sued the company, claiming he was wrongfully demoted and fired, and had suffered illegally discrimination due to his religion and his disability.The company claimed it bumped him back to the tech position because of poor performance; he was let go because of three incidents in the month before his discharge. Those incidents were … (1) failing to follow safety rules, (2) not maintaining his service logs, and (3) missing 5 days of work in the final two weeks due to some type of “religious observance”.
19. Situation No. 2Scenario #1• Mary is a receptionist who has been with you for five years. She has had one counseling session for arriving to work late, but that was over one year ago and the problem disappeared after the counseling session. You have heard rumors that Mary is going through a divorce. You happen to come back from lunch at the same time as Mary and share the elevator with her. You smell alcohol on her breath and cigarette smoke on her clothes. You are immediately concerned.
20. Scenario #1 (con’d)You come to the conclusion, just by your own observations, that Mary spent her lunch hour drinking in a bar. You then watch Mary walk off the elevator and back to her workstation, where she stumbles into her desk and knocks a $5000 (Mac) computer to the ground.How do you handle the situation?
21. Issues Raised in Scenario #1• Should you send Mary home for destruction of property?• Should you send Mary home because you smelled alcohol?• Should you call a taxi or security?• To whom do you turn for assistance?• How do you handle the discipline issue?• What is the affect of the prior counseling session?• What is the employee assistance program?
22. Module II:Discipline andDismissal 22
23. What Outside Agencies and Juries Will Consider• Clear communications of performance expectations• Documentation• Performance appraisals / Feedback• Complete investigation• Was the company’s policy followed• Consistency
24. Questions to Ask Before Implementing FormalDiscipline• Did the employee clearly understand the rule or policy that was violated?• Did the employee know in advance such conduct would be subject to disciplinary action?• Was the rule that was violated reasonably related to the safe, efficient, and orderly operation of the organization?• Is there substantial evidence that the employee did actually violate the rule?• Is the disciplinary action reasonably related to: a. Seriousness of the offence b. Employee’s record with the organizationc. Action taken with others committing similar of offences
25. Top 4 Things Plaintiff’s Lawyers HateYou responded, and made an immediate, appropriate, and adequate investigation.You fixed the problem, and the negative conduct stopped.You took corrective action and disciplined the bad actor, as appropriate.You tried to make it right (changed offices, reporting relationships, shifts, etc). 25
26. DOCUMENTATION1. Describe the PROBLEM2. Describe the HISTORY3. Describe the DISCUSSION
27. DESCRIBE THE PROBLEMUse facts and specifics, notgeneralities or judgmentsCompare actual to desire performanceDescribe the good business or organizational reasons (the impact) why theproblem must be resolved
28. DESCRIBE THE PROBLEM• Use facts and specifics, not generalities or judgments• Compare actual to desire performance• Describe the good business or organizational reasons (the impact) why the problem must be resolved
29. DESCRIBE THE DISCUSSIONIndicate the date, time and Record the specific Reflect the employee’s location of the comments and statements agreement to change. conversation. made by the employee.
30. Ruffnec Critical Incident Report Date Type of Incident Documentation Details of Incident 01/25/12 Verbal altercation with co-workers Email to employee Discussed the confrontation with S. Jones. Ruffnec indicated that it wasnt his fault and that he was just trying to solicit information from Jones so he could finish his service logs. Ruffnec was instructed to use the chain of command when it becomes apparent that another employee is not cooperating. Told Ruffnec that yelling at another employee is unacceptable behavior. 05/05/12 Meeting with Supervisor, HRM, Email to employee Employee 06/29/12 Failure to complete task Supervisor notes 08/09/12 Late report Email to Employee
31. Email Madness1.Use extreme caution with your e-mail practices.2.Remember with e-mails you can have more than one person holding onto those records.3.Be careful before you hit that “send” button to be sure that you are sending e-mail messages to the intended person(s).4.Some e-mail communications may be considered ‘official documentation’ of what is communicated.5.Employee health information is private and protected by law.