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Coaching,
             Progressive Discipline
                and Termination
HR Systems, Inc. Copyright 2009
Introduction

     In the workplace, what does it mean to discipline
      someone?

     Progressive Discipline:
         Is a process where information/warning system is utilized
      
         to inform and document poor performance or behavior
         that could lead to termination,
         Does not always result in termination,
      
         Provides for appropriate counseling, possible
      
         retraining, and written warnings, the behavior should
         change for the better.

     Employees can benefit from progressive discipline.


         HR Systems, Inc. Copyright 2009
2
Supervisory Survey
           What is your experience level as a supervisor?
     
             Counseling employees?
           
             Oral warnings?
           
             Written warnings?
           
             Suspensions?
           
             Terminations?
           

           Have supervisors ever…
     
              Ignored a situation?
           
              Taken action but didn’t document it?
           
              Taken action with no investigation ?
           




    HR Systems, Inc. Copyright 2009
3
Coaching and
          Performance Appraisals
               Coaching
         
               Performance Appraisals
         
               Progressive Discipline
         
                When do these apply? List ideas.
                     

                     

                     

                     




    HR Systems, Inc. Copyright 2009
4
Coaching an Employee
                      Observation
                
                      Building on employee strengths
                
                      Preventing foreseeable problems
                
                      or down hill slides
                      Keeping an open mind focused
                
                      on desired results, safe, lawful and
                      effective methods
                      Feedback to employees
                
                      Recognition
                




    HR Systems, Inc. Copyright 2009
5
Performance Appraisals

                 Importance of job descriptions
           
                 Set objectives and define results
           
                 Honest feedback
           
                 Frequency of review
           
                 Compensation or incentive issues
           
                 Planning and holding the meeting
           




    HR Systems, Inc. Copyright 2009
6
Employee Issues Brought to Work

                      List them:
                
                      

                      

                      

                      

                      

                      

                      

                      




      HR Systems, Inc. Copyright 2009
7
Supervisory History
        Progressive discipline is most effective when the supervisor
    
        uses the process outlined.
        Sometimes supervisors revert back to their “old way” of
    
        doing things.

    Old Way                                Progressive Discipline
      Supervisor discusses issue with        Supervisor discusses issue
                                          
    other employees.                       only with employee involved.
      Supervisor made assumptions            Supervisor gathered facts
                                          
    based on hearsay.                      and though through process.




         HR Systems, Inc. Copyright 2009
8
Supervisory History (cont.)
    Old Way                                 Progressive Discipline
        Based on hearsay, supervisor           Based on one-on-one meetings,
                                           
    accused employees of causing            supervisor is able to evaluate what
    problems                                happened.
     Supervisor didn’t write down           Supervisor took notes and had
    anything – has good memory.             discussions with employees.
     Supervisor didn’t have a plan to       Supervisor has a plan to solve
    fix situation.                          the problem.
      Upon the supervisor’s                    Supervisor used the
                                           
    conclusion, told employees to           Counseling/Warning report, all
    “knock it off.”                         parties know the issues and what is
                                            expected. Always provide a copy
                                            of report to HR for employee’s file.




          HR Systems, Inc. Copyright 2009
9
Counseling and Warning
                        Processes
         Investigate First
     
                It is imperative that a thorough investigation be
         
                completed by a trained person.
                     Interview the complainant
                

                     Interview the employee suspected of misconduct
                

                     Interview all witnesses
                

         Oral Reprimand
     
                Few supervisors enjoy speaking to employees about
         
                performance or behavior problems. The oral reprimand
                is generally the first stop in the progressive disciplinary
                process.


             HR Systems, Inc. Copyright 2009
10
Counseling and Warning
                        Processes
         Examples of where the oral reprimand should be used:
     
                Poor work performance
         

                     The investigation will include reviewing employee
                
                     work records, performance and departmental
                     data, time cards, and other documents.
                Improper behavior
         

                     This area may require more effort as monitoring
                
                     behavior is subjective in nature and may not be
                     immediately quantifiable.




             HR Systems, Inc. Copyright 2009
11
Counseling and Warning
                        Processes
         Oral reprimand-write it down.
     
                “If it’s not written down, it didn’t happen.”
         

         When conducting the oral reprimand, supervisors should
     
         use the Employee Counseling/Warning form.
                Also write down the conversation.
         

         Explain to the employee that the conversation is being
     
         documented for future records.
         Don’t take this step in the process lightly.
     




             HR Systems, Inc. Copyright 2009
12
Counseling and Warning
                     Processes
     Oral Reprimand
         When meeting with the employee do the following:
     
            Meet privately.
         
            Be specific why the meeting is being held.
         
            Don’t assume the employee knows why the meeting is being
         
            held.
            Address the issues with the employee.
         
            Address the policy or practice that is in question.
         
            Give the employee an understanding of the consequences.
         
            Review the document/discussion with the employee.
         
            Sign and submit a copy to Human Resources.
         
                Note: In this step the employee doesn’t need to sign the
            
                document.
                Supervisors are encouraged to keep a copy, however, all
            
                original employee-related documents must be sent to
                Human Resources.

          HR Systems, Inc. Copyright 2009
13
Counseling and Warning Processes
              Written Warning
     Written Warning Process
         The same steps as in the oral reprimand. Get the facts
     
         before you start.
         Once all the details have been gathered, arrange a
     
         private meeting with the employee.
         In this step, it is strongly recommended that a witness be
     
         present for this meeting. Do not use another employee.
         Include Human Resources or another supervisor.
                Remember this is a private discussion. Find an office
         
                where the meeting can be held without interruption.




             HR Systems, Inc. Copyright 2009
14
Counseling and Warning Processes
              Written Warning
     Pointers for the Discussion
         Complete your investigation and document the issues before the
     
         meeting with the employee.
         First explain the reason for the written warning. Be specific.
     

         Depending on the situation, offer some counsel to the employee
     
         on how they can improve.
         Explain the consequences if their behavior continues.
     

         Give the employee a chance to ask questions or voice concerns.
     

         Ask the employee to sign the Employee Counseling/Warning Form.
     

         Document any refusal to sign the form.
     

         Give the employee a copy of the form.
     

         Send the original copy to Human Resources for filing and retention.
     

         Keep a copy in the supervisor file.
     


          HR Systems, Inc. Copyright 2009
15
Counseling and Warning Processes
              Written Warning
     Guidelines for Supervisors - Written Reprimand
         Don’t make this a personal attack.
     
         Focus on the particular problem.
     
         Counsel the employee.
     
         Give the employee guidance for improvement.
     
                It will help the employee determine if they want to change.
         

         Ask for the employee’s input.
     
                Note: This is not a debate; input is different than opinion and
         
                argument.
         Signatures.
     
                Note: The signature does not mean the employee agrees with
         
                the warning, only that he/she acknowledges receiving it.


             HR Systems, Inc. Copyright 2009
16
Suspension

         When is suspension/last chance appropriate?
     
         Why suspend an employee?
     
         How long should an employee be suspended?
     
         Is the suspension with or without pay?
     
         Does their status, i.e. exempt vs. nonexempt make a difference?
     


         Two examples to consider:
     

            The employee has been given the oral and written
         
            reprimands for their job performance, yet their performance
            has not changed.
            An incident occurs in the workplace and the supervisor needs
         
            to complete an immediate investigation. Only a few facts are
            known. Does the supervisor leave the employee in the work
            area while the investigation is conducted or is the employee
            removed from the job prior to the investigation?

          HR Systems, Inc. Copyright 2009
17
Suspension (cont.)

     General Guidelines
         If an employee is suspended, have Human Resources involved.
     
         Avoid using the “Probation Clause.”
     
         Conduct the investigation as expediently as practically possible.
     
         Suspension period depends on status of employee, i.e. exempt vs.
     
         nonexempt.
              Contact Human Resources for assistance.
         
         Compensation during suspension can be paid or unpaid. This
     
         depends on the severity of the issue.
         Vacation of Paid Time Off (PTO): Suspension time is not charged to
     
         the employee if an employee is found to have not engaged in gross
         misconduct. If misconduct did in fact occur, available
         Vacation/PTO time may be deducted from the suspension time.
         Documentation: Written documentation of suspension and
     
         resolution needs to be noted and placed in the employee’s
         personnel file.
          HR Systems, Inc. Copyright 2009
18
Termination
         There are two principle categories of termination:
     
                Performance
         

                     Job related including quality of
                
                     work, attendance, and behavior.
                Behavioral or Gross Misconduct
         

                     The employee knowingly and willfully breaks
                
                     company policies and procedures or state and
                     federal laws while on the job. Termination is a valid
                     component of any disciplinary process.




             HR Systems, Inc. Copyright 2009
19
Termination (cont.)
     Items to consider before terminating an employee
         When termination is going to occur…
     
                The supervisor should review the proposed termination with his/her
         
                manager.
                Involve Human Resources during all steps.
         
                Review all previous documentation: oral, and written warnings.
         
                Is the termination going to be consistent with past practices?
         
                Treat the employee with dignity.
         
                Meet privately with a witness present.
         
                Review the steps taken so far with the employee.
         
                Be specific and direct with the employee. Don’t engage the employee.
         
                Have a plan set up to remove the employee from the facility.
         
                Gather company items being used by the employee.
         
                Follow up with termination documents.
         
                Terminate the employee from payroll.
         
                Send all original documents to Human Resources.
         



             HR Systems, Inc. Copyright 2009
20
Termination Process
         During the termination meeting…
     
               State the reasons for the meeting.
         
               State the facts regarding the situation.
         
                   Note: No one should be surprised.
               
               Give the full reason for the termination.
         
               (Give the employee an opportunity to state any comments.)
         
               Take responsibility for making the final decision about the matter.
         
               Note the effective date of the termination.
         
               Explain pay policies and termination provision (if any).
         
               Explain vacation, sick, or PTO time they may have accumulated.
         
               Explain or refer the employee to Human Resources for questions
         
               regarding insurance programs including COBRA.
               Collect all Company property: keys, credit cards, equipment, etc…
         
               Gather personal belongings.
         
                   Coordinate this with Human Resources.
               
               Have the terminated employee sign any necessary forms.
         



             HR Systems, Inc. Copyright 2009
21
Summary
         Consider the following:
     
            Get Human Resources involved.
         
            Discipline is most effective when it is applies in graduated
         
            steps.
            Through the process, employees are given the opportunity to
         
            change their performance.
            Progressive discipline enables the supervisors to retain
         
            employees and help them reach their potential as productive
            employees.
            Progressive discipline steps can be skipped depending on the
         
            severity of the issues.
            Progressive discipline should be used as a positive tool to
         
            improve employee performance and improper behavior.




          HR Systems, Inc. Copyright 2009
22
Summary (cont.)

         Protect Yourself
     
             What if disciplinary decisions and actions are
         
             challenged?
              Thorough documentation can protect supervisory
                decisions.
              By the termination stage, solid documentation
                should be on hand to show that a plan was followed
                for the progressive discipline decisions.
              At the point of termination, the employee’s file
                should contain the facts to back up the disciplinary
                decisions.



          HR Systems, Inc. Copyright 2009
23
Compliance Issues
         The Equal Employment Opportunity Commission (EEOC) was
     
         created by the Civil Rights Act of 1964 and is responsible for the
         enforcement of employment-related provisions of the act. The
         agency initiates investigations, responds to complaints, and
         develops guidelines to enforce laws.
         Based on the evolution of court decisions, current law regulations;
     
         the party charging discrimination must first be:
                A member of a protected class.
         

                Must approve that disparate impact or disparate treatment
         
                existed.
         From a company perspective, dates of service, specific job
     
         duties, and performance records including annual reviews and
         any counseling or warnings should be in the employee’s personal
         file. These items are key to successfully defending your actions.


             HR Systems, Inc. Copyright 2009
24
Contact Us!



                    www.hrsincorporated.com
         Email: hrsystems@hrsincorporated.com
                         Phone: 866-513-5647




25   HR Systems, Inc. Copyright 2009

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Elearning - Coaching & Progressive Discipline

  • 1. Coaching, Progressive Discipline and Termination HR Systems, Inc. Copyright 2009
  • 2. Introduction  In the workplace, what does it mean to discipline someone?  Progressive Discipline: Is a process where information/warning system is utilized  to inform and document poor performance or behavior that could lead to termination, Does not always result in termination,  Provides for appropriate counseling, possible  retraining, and written warnings, the behavior should change for the better.  Employees can benefit from progressive discipline. HR Systems, Inc. Copyright 2009 2
  • 3. Supervisory Survey What is your experience level as a supervisor?  Counseling employees?  Oral warnings?  Written warnings?  Suspensions?  Terminations?  Have supervisors ever…  Ignored a situation?  Taken action but didn’t document it?  Taken action with no investigation ?  HR Systems, Inc. Copyright 2009 3
  • 4. Coaching and Performance Appraisals Coaching  Performance Appraisals  Progressive Discipline   When do these apply? List ideas.     HR Systems, Inc. Copyright 2009 4
  • 5. Coaching an Employee Observation  Building on employee strengths  Preventing foreseeable problems  or down hill slides Keeping an open mind focused  on desired results, safe, lawful and effective methods Feedback to employees  Recognition  HR Systems, Inc. Copyright 2009 5
  • 6. Performance Appraisals Importance of job descriptions  Set objectives and define results  Honest feedback  Frequency of review  Compensation or incentive issues  Planning and holding the meeting  HR Systems, Inc. Copyright 2009 6
  • 7. Employee Issues Brought to Work List them:          HR Systems, Inc. Copyright 2009 7
  • 8. Supervisory History Progressive discipline is most effective when the supervisor  uses the process outlined. Sometimes supervisors revert back to their “old way” of  doing things. Old Way Progressive Discipline Supervisor discusses issue with Supervisor discusses issue   other employees. only with employee involved. Supervisor made assumptions Supervisor gathered facts   based on hearsay. and though through process. HR Systems, Inc. Copyright 2009 8
  • 9. Supervisory History (cont.) Old Way Progressive Discipline Based on hearsay, supervisor Based on one-on-one meetings,   accused employees of causing supervisor is able to evaluate what problems happened.  Supervisor didn’t write down  Supervisor took notes and had anything – has good memory. discussions with employees.  Supervisor didn’t have a plan to  Supervisor has a plan to solve fix situation. the problem. Upon the supervisor’s Supervisor used the   conclusion, told employees to Counseling/Warning report, all “knock it off.” parties know the issues and what is expected. Always provide a copy of report to HR for employee’s file. HR Systems, Inc. Copyright 2009 9
  • 10. Counseling and Warning Processes Investigate First  It is imperative that a thorough investigation be  completed by a trained person. Interview the complainant  Interview the employee suspected of misconduct  Interview all witnesses  Oral Reprimand  Few supervisors enjoy speaking to employees about  performance or behavior problems. The oral reprimand is generally the first stop in the progressive disciplinary process. HR Systems, Inc. Copyright 2009 10
  • 11. Counseling and Warning Processes Examples of where the oral reprimand should be used:  Poor work performance  The investigation will include reviewing employee  work records, performance and departmental data, time cards, and other documents. Improper behavior  This area may require more effort as monitoring  behavior is subjective in nature and may not be immediately quantifiable. HR Systems, Inc. Copyright 2009 11
  • 12. Counseling and Warning Processes Oral reprimand-write it down.  “If it’s not written down, it didn’t happen.”  When conducting the oral reprimand, supervisors should  use the Employee Counseling/Warning form. Also write down the conversation.  Explain to the employee that the conversation is being  documented for future records. Don’t take this step in the process lightly.  HR Systems, Inc. Copyright 2009 12
  • 13. Counseling and Warning Processes Oral Reprimand When meeting with the employee do the following:  Meet privately.  Be specific why the meeting is being held.  Don’t assume the employee knows why the meeting is being  held. Address the issues with the employee.  Address the policy or practice that is in question.  Give the employee an understanding of the consequences.  Review the document/discussion with the employee.  Sign and submit a copy to Human Resources.  Note: In this step the employee doesn’t need to sign the  document. Supervisors are encouraged to keep a copy, however, all  original employee-related documents must be sent to Human Resources. HR Systems, Inc. Copyright 2009 13
  • 14. Counseling and Warning Processes Written Warning Written Warning Process The same steps as in the oral reprimand. Get the facts  before you start. Once all the details have been gathered, arrange a  private meeting with the employee. In this step, it is strongly recommended that a witness be  present for this meeting. Do not use another employee. Include Human Resources or another supervisor. Remember this is a private discussion. Find an office  where the meeting can be held without interruption. HR Systems, Inc. Copyright 2009 14
  • 15. Counseling and Warning Processes Written Warning Pointers for the Discussion Complete your investigation and document the issues before the  meeting with the employee. First explain the reason for the written warning. Be specific.  Depending on the situation, offer some counsel to the employee  on how they can improve. Explain the consequences if their behavior continues.  Give the employee a chance to ask questions or voice concerns.  Ask the employee to sign the Employee Counseling/Warning Form.  Document any refusal to sign the form.  Give the employee a copy of the form.  Send the original copy to Human Resources for filing and retention.  Keep a copy in the supervisor file.  HR Systems, Inc. Copyright 2009 15
  • 16. Counseling and Warning Processes Written Warning Guidelines for Supervisors - Written Reprimand Don’t make this a personal attack.  Focus on the particular problem.  Counsel the employee.  Give the employee guidance for improvement.  It will help the employee determine if they want to change.  Ask for the employee’s input.  Note: This is not a debate; input is different than opinion and  argument. Signatures.  Note: The signature does not mean the employee agrees with  the warning, only that he/she acknowledges receiving it. HR Systems, Inc. Copyright 2009 16
  • 17. Suspension When is suspension/last chance appropriate?  Why suspend an employee?  How long should an employee be suspended?  Is the suspension with or without pay?  Does their status, i.e. exempt vs. nonexempt make a difference?  Two examples to consider:  The employee has been given the oral and written  reprimands for their job performance, yet their performance has not changed. An incident occurs in the workplace and the supervisor needs  to complete an immediate investigation. Only a few facts are known. Does the supervisor leave the employee in the work area while the investigation is conducted or is the employee removed from the job prior to the investigation? HR Systems, Inc. Copyright 2009 17
  • 18. Suspension (cont.) General Guidelines If an employee is suspended, have Human Resources involved.  Avoid using the “Probation Clause.”  Conduct the investigation as expediently as practically possible.  Suspension period depends on status of employee, i.e. exempt vs.  nonexempt. Contact Human Resources for assistance.  Compensation during suspension can be paid or unpaid. This  depends on the severity of the issue. Vacation of Paid Time Off (PTO): Suspension time is not charged to  the employee if an employee is found to have not engaged in gross misconduct. If misconduct did in fact occur, available Vacation/PTO time may be deducted from the suspension time. Documentation: Written documentation of suspension and  resolution needs to be noted and placed in the employee’s personnel file. HR Systems, Inc. Copyright 2009 18
  • 19. Termination There are two principle categories of termination:  Performance  Job related including quality of  work, attendance, and behavior. Behavioral or Gross Misconduct  The employee knowingly and willfully breaks  company policies and procedures or state and federal laws while on the job. Termination is a valid component of any disciplinary process. HR Systems, Inc. Copyright 2009 19
  • 20. Termination (cont.) Items to consider before terminating an employee When termination is going to occur…  The supervisor should review the proposed termination with his/her  manager. Involve Human Resources during all steps.  Review all previous documentation: oral, and written warnings.  Is the termination going to be consistent with past practices?  Treat the employee with dignity.  Meet privately with a witness present.  Review the steps taken so far with the employee.  Be specific and direct with the employee. Don’t engage the employee.  Have a plan set up to remove the employee from the facility.  Gather company items being used by the employee.  Follow up with termination documents.  Terminate the employee from payroll.  Send all original documents to Human Resources.  HR Systems, Inc. Copyright 2009 20
  • 21. Termination Process During the termination meeting…  State the reasons for the meeting.  State the facts regarding the situation.  Note: No one should be surprised.  Give the full reason for the termination.  (Give the employee an opportunity to state any comments.)  Take responsibility for making the final decision about the matter.  Note the effective date of the termination.  Explain pay policies and termination provision (if any).  Explain vacation, sick, or PTO time they may have accumulated.  Explain or refer the employee to Human Resources for questions  regarding insurance programs including COBRA. Collect all Company property: keys, credit cards, equipment, etc…  Gather personal belongings.  Coordinate this with Human Resources.  Have the terminated employee sign any necessary forms.  HR Systems, Inc. Copyright 2009 21
  • 22. Summary Consider the following:  Get Human Resources involved.  Discipline is most effective when it is applies in graduated  steps. Through the process, employees are given the opportunity to  change their performance. Progressive discipline enables the supervisors to retain  employees and help them reach their potential as productive employees. Progressive discipline steps can be skipped depending on the  severity of the issues. Progressive discipline should be used as a positive tool to  improve employee performance and improper behavior. HR Systems, Inc. Copyright 2009 22
  • 23. Summary (cont.) Protect Yourself  What if disciplinary decisions and actions are  challenged?  Thorough documentation can protect supervisory decisions.  By the termination stage, solid documentation should be on hand to show that a plan was followed for the progressive discipline decisions.  At the point of termination, the employee’s file should contain the facts to back up the disciplinary decisions. HR Systems, Inc. Copyright 2009 23
  • 24. Compliance Issues The Equal Employment Opportunity Commission (EEOC) was  created by the Civil Rights Act of 1964 and is responsible for the enforcement of employment-related provisions of the act. The agency initiates investigations, responds to complaints, and develops guidelines to enforce laws. Based on the evolution of court decisions, current law regulations;  the party charging discrimination must first be: A member of a protected class.  Must approve that disparate impact or disparate treatment  existed. From a company perspective, dates of service, specific job  duties, and performance records including annual reviews and any counseling or warnings should be in the employee’s personal file. These items are key to successfully defending your actions. HR Systems, Inc. Copyright 2009 24
  • 25. Contact Us! www.hrsincorporated.com Email: hrsystems@hrsincorporated.com Phone: 866-513-5647 25 HR Systems, Inc. Copyright 2009