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Adventures in Discipline
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Adventures in Discipline
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I am the only HR in a small computer company, having just started in this position a month and a half ago. This problem has been on-going "for the new HR to handle" for months now. Any advice or sugge
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Adventures in Discipline
posted at 8/31/1999 8:49 PM EDT
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Posts: 399
First: 6/21/1999 Last: 9/14/2005 |
I am the only HR in a small computer company, having just started in this position a month and a half ago. This problem has been on-going "for the new HR to handle" for months now. Any advice or suggestions will be welcome.
At the present time we do not have a progressive discipline policy - that's one of the six things on my do-this-first list. New employees receive 10 days vacation, two personal days and five six days in their first year, pro-rated against their start date. Our receptionist, who began April 5, 1999, had between that day and last Friday taken a total of 10 days off. Although our policy states that you may not take paid leave until you have been with the company 90 days, somehow or other the first six got paid. The last four were taken unpaid. She has had two verbal warnings, one from my predecessor and one from the company president, and I have spoken to her informally about her attendance. (She is a single mother and some of the days have been because her son was reportedly sick.) On Friday of last week the company president told me that he is having her report directly to me, and that I may take any action I see fit, up to but not including firing her. I should mention that Friday afternoon we sent her home as it was clear that she was legitimately sick. Monday she called in sick, and later dropped by with a doctor's note (her doctor is a five minute walk from our office). Today is Wednesday and she isn't back yet. When she called in for today I told her I wanted a new doctor's note for anything beyond today. This woman is fast running out of paid time off for the year, docking her pay hasn't done any good, I have a written warning ready to go as soon as she gets back to sign it, but what else can I try? The president won't hear of my firing her until there is absolutely nothing else left to do - what do I do? |
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Adventures in Discipline
posted at 9/1/1999 12:24 AM EDT
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Posts: 67
First: 7/20/1999 Last: 6/30/2000 |
O.K. - I guess firing the President is NOT an option . . . Since he said he won't fire her until there is nothing left to do - then he needs to understand you are at that point!
If he responds to cost savings well, then you could do a calculation that shows how much it is costing the company - her time out, your time in handling this, the cost of a temp, if you have one there, etc., to deal with this problem. My guess is this employee is not going to improve her attendance even if you keep her. I'd give her two weeks to show immediate and sustained improvement in her attendance (after assuring, of course, she doesn't have a chronic illness that is behind all of this) and the first time she is out - she's terminated. All of that would be defined in the warning memo you give her to sign. If she doesn't sign it - insubordination - and she's fired!! We'll get her out one way or another! She must be there to do her job - that's the bottom line! Your company is not in existence to pay people to stay home! Good luck! |
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Adventures in Discipline
posted at 9/1/1999 1:22 AM EDT
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Posts: 99
First: 6/22/1999 Last: 12/11/2001 |
Does your employee handbook/policy manual state anything about excessive absenteeism or is that on your "to do right now list" too? I would first turn to that guideline for your next step. If that is unavailable, what does your disciplinary action policy state? You've already given her 2 verbal warnings, and you have a written one in the wings. Will she be entitled to another written warning? She's now been gone about another 28 hours due to illness, and with 40 being available for sick leave, she doesn't have much left. Also, does your time accrue or do you give it to your employees at the beginning of the year or their anniversary date?
In the written warning, did you provide a timeline? Ie, you must not take any leave for the next 90 days, etc, etc. or no more than 2 days within a timeframe or she will be terminated. Why doesn't the president want her fired? Doesn't he see that her absences are affecting the work of others as I assume someone is replacing her or costing him more if you bring in a temp? Maybe appeal to his bottom line and show him it's affecting him in the pocketbook. What about changing her to part-time and changing her job description (ie, she's not responsible for shipping as she's not there in the afternoon anymore)? And bring in someone else part-time as she doesn't seem to be able to keep a full time schedule. The president would still have her on board and you'd already have someone there to take her place if she leaves and is more reliable. Or she may not want part time work and leave on her own accord. |
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Adventures in Discipline
posted at 9/1/1999 6:42 PM EDT
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Posts: 399
First: 6/21/1999 Last: 9/14/2005 |
The reason he doesn't want to fire her is because of the labor market, which is pretty tight in our area. I had a voice mail from her when I came in this afternoon and she's going to be out for the rest of the week. It's sort of a girl-who-cried-wolf situation right now as she truly is sick but has used up all her time. She's our receptionist so I'm not thrilled about moving her to part time, but hey, part time is more than I'm seeing her now! Guess all I can do is put a time fram on the written warning and hope I can make the president understand that there's nothing more to do! Thanks for your help. |
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Adventures in Discipline
posted at 9/6/1999 11:04 PM EDT
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Posts: 90
First: 6/23/1999 Last: 9/26/2001 |
Another option you could have is to do a Performance Improvement Plan with her. Basically, it is a performance, or in this case attendance, improvement contract between the employee and the organization. You outline your expectations as to what the attendance should be versus what it has been. Then outline what she needs to do in order to improve it, what you or her supervisor is going to do to help ensure that she meets the expectations outlined and then put a date on when it has to be met by. Since you want immediate improvement, put that in there and I would recommend given the history, that there be follow up dates on a continuing basis at least every 30 days if you are going to go beyond that. Outline in the PIP what the possible consequences of not meeting expectations would be. Have the employee sign it, you sign it and a third party sign it as a witness.
Then you have satifisfied the desire of the company president to do everything possible to retain the employee, you may even turn the problem around and have a productive employee. At best, that is the case. But not only that, you send the clear message of what will and will not be tolerated while simultaneously letting employees know that they are valued and that you will give them a chance. It promotes good will and that can help in retention strategies. Worst case scenario, you wind up terminating the employee but it is not unexpected by anyone. You have a legal substantiating basis in case of some type of charge or lawsuit being filed and it can help you fight unemployment should they file for that. Seems like a win win to me. |
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Adventures in Discipline
posted at 9/7/1999 9:07 AM EDT
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Posts: 2
First: 8/8/1999 Last: 9/7/1999 |
Issue the written warning as soon as she returns to work. You must however, make sure that the written clearly states your current policy regards attendance. Additionally, be sure to outline each date she has had legitimate occurrences, her total to date, and where she would be (like fired?) if your company had followed policy to the letter up to this point. Explain to her that she is being given the opportunity to rectify the situation by receiving only a written warning at this time. Finally, state in the written warning that if she accumulates sufficient occurences from this point forward to warrant termination, she will, in fact be terminated. Then, fire her!
What is more troublesome to me is the fact that your Pres. is telling you to violate the company policy. The two of you are setting up a potential for being sued in the future, for possibly huge dollars, due to discriminatory treatment. Are you going to treat the next person the same, whether they are single, male, have kids or not? Will the pres. support you if you don't want to fire the next person in this position? I believe strongly the only way to fly is straight. Get the confidence of your Pres., explain again to him/her the dangers of not following the company policy (which everyone already knows is not used consistently), and gain huge credibility with your managers and supervisors by following the rule book you gave them. Good luck! |
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Adventures in Discipline
posted at 9/15/1999 6:38 AM EDT
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Posts: 136
First: 9/14/1999 Last: 6/29/2004 |
In consideration of your President not wanting to fire her because of the tight labor market, maybe now is a good time to start looking for a replacement. Keep in mind that the tight labor market can work in our favor, i.e. when she goes out of your door she'll probably get picked up by the next "stuckee" pretty quickly. Of course you would only give a new employer her "name, rank and serial number" when she applies there. By the way I'm glad we are ot looking for a receptionist now because I wouldn't want her. Good luck. |
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Adventures in Discipline
posted at 9/16/1999 10:36 PM EDT
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Posts: 60
First: 6/13/1999 Last: 5/22/2005 |
It sounds like you need to show the President the percentage of time she has been oyut and tell him that consistant predictable performance is an essential function of the job. write up a written warning and tell him that she will have one last chance and then she is terminated. You are not firing her she will be firing herself.
I have a sample letter if you want one. |
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Adventures in Discipline
posted at 9/21/1999 3:11 AM EDT
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Posts: 399
First: 6/21/1999 Last: 9/14/2005 |
I gave her the written warning, which basically gave her 90 days to improve. NO sick time for either her or her kid without a doctor's note - in consideration of the upcoming holidays I allowed for her to take what little vacation time she has left - IF she gives me no less than two weeks written warning. The way I worded it was that if she did not adhere to the standards in the agreement she COULD be fired, not that she would. That gives me a chance to discuss it with the president again. That was two weeks ago so it's too early to tell, but she did reschedule her kid's dentist appointment for her lunch hour. Thanks for all the responses - I'll keep you informed! |
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