Test

1. Employee Discipline:
The Need to Address Misconduct

2. Misconduct v. Poor Performance
 Misconduct: Breaking rules that govern
employee conduct
– Examples: Fighting, theft, insubordination,
threats, substance abuse, etc.
 Poor performance: Inability to perform
at an acceptable level
– Reasons: Lack of adequate knowledge, skills or
ability; lack of clear goals or desire

3. Fair and Equal
 Treat everyone
the same
 Employees
can try to turn
the tables
 Be aware of
whistleblower
protections
 Don’t forget
the right to
privacy

4. Case Study: Keep Lips Zipped
 Employee accused
of stealing money
 Supervisor tells
employee
 News spreads
through company
 Employee sues
for defamation

5. Case Study: Friendships
Can Be Dangerous
 Woman complains about supervisor’s friend
 Friend claims it’s a misunderstanding
 Supervisor didn’t take disciplinary action
 Company wound up in court

6. Discipline: What’s Appropriate?
 Not all offenses are equal
 How many offenses are involved?
 Time interval from previous offense, if any
 Work history is a factor

7. Case Study: ‘The Missing Meals’
 Employee gets caught taking a bag
of potato chips from a co-worker’s lunch
 There’s been a series of such thefts at the
company, hurting morale and causing distrust
 Employee gets fired
 He sues
 Who won?

8. Setting Expectations
 Give them the rules
 Tell them
the consequences
 Lead by example

9. Addressing Conduct Problems
Before Resorting to Discipline
 Be specific
 Give clear expectations
 Develop a
remedial plan
 Provide
necessary
support

10. Handling a Disciplinary Encounter
 Get to the point – no chitchat
 Explain why you are meeting
 Say what you know about the incident
 Get employee’s side of the story
 Ask questions to clarify
 Describe the impact of what was done or said
 Decide on specific action
 Summarize conversation
 Follow up

11. Progressive Discipline
 Document everything
 The verbal warning
 The written warning
 Suspension
 Termination

12. Always Consult with HR
 If you’re not sure, ASK
 Review personnel file
 How were similar
infractions handled
in the past?
 Adhere to
discipline policy

13. Case Study: Different Standards
 Newly promoted employee isn’t working out
 After several warnings about her poor
performance, she’s demoted
 Employee is protected class and was denied
training offered to others
 She sues and wins
 HR could have helped

14. Summary
 Poor performance isn’t misconduct
 Fair and equal treatment
 Put the offense in perspective
 Make the punishment fit the crime
 Establish clear expectations
 Not all cases need “official” discipline
 Follow disciplinary encounter outline
 Document everything
 When in doubt, consult HR