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Please comment, an employees job hangs in the balance!
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Please comment, an employees job hangs in the balance!
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Please excuse this long post first....I am a small business owner that needs some immediate help. Please comment on this disciplinary notice/probation to a problem employee. I what to do the right thi
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Forums » Topic Forums » Life in Workforce Management » Please comment, an employees job hangs in the balance!
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Please comment, an employees job hangs in the balance!
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Please comment, an employees job hangs in the balance!
posted at 5/30/2001 6:34 AM EDT
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Posts: 6
First: 5/29/2001 Last: 6/6/2001 |
Please excuse this long post first....I am a small business owner that needs some immediate help. Please comment on this disciplinary notice/probation to a problem employee. I what to do the right thing and need some advice. This person has failed to come to work, calls in after the fact (not within a few min.) and has a different story each time.
Notice to employee: We have discussed your absenteeism and its causes at length on several separate occasions, each time we have indicated that our evaluation of your performance, to a great degree, is based upon being able to rely on you as an important integral part of our small office. After each infraction you seem legitimately concerned, understand our concern for the seriousness and promise that you will take all necessary steps to prevent it from reoccurring. Unfortunately, I believe this is at least the third time this has occurred, the last time I stated that if it happened again it would be grounds for dismissal. Your past actions and verbal justifications for your behavior (what ever they may have been) have created a concern for the level of trust and mutual respect that exists between us and in this small office there can be NO CONCERN FOR TRUST whatsoever. As far as respect is concerned there are few things (if any in, my opinion) that are more important in the affairs of men and women. In this case I feel we have each lost something, whether it be employer/employee or friend and neighbors the mutual bond that make humans into Men & Women is RESPECT for each other. Your actions and the lack of responsibility you have repeatedly exhibited has disrespected our trust and has caused us to lose respect and lessen our trust in you. Honestly, this gap may never be able to be repaired, so I can only hope that we can help you understand the profound nature of your actions. Because of this, we feel we must take additional steps to help you prevent this from happening again and in doing so set a final condition for your continued employment. In that regard we are proposing that be contingent on two things. You must seek and attend 20 hours of counciling (at a in-network provider of your choice) as provided for in our company health care policy with United Health Care of Georgia and we will pay the co-pay. You will be placed in a probationary period for one year during which time you must exhibit exemplary employee behavior in all areas. In areas that you have been reviewed as being deficient and needing improvement in as of your last employee review (a copy is attached) any reasonable infraction of these previously documented concerns will result in your immediate dismissal. There will be little or no flexibility in these conditions expect for possible extreme extenuating circumstances of which there should be no little or no question as to the validity of. If this is acceptable to you please sign below. Probationary period ends one year from the date written above. |
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Please comment, an employees job hangs in the balance!
posted at 5/31/2001 6:26 AM EDT
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Posts: 56
First: 7/11/2000 Last: 8/15/2001 |
If you told them the last time that if it happened again it would be grounds for dismissal, why are you going back on that? It take the credibility out of your statements. I would terminate. |
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Please comment, an employees job hangs in the balance!
posted at 6/5/2001 2:27 AM EDT
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Posts: 81
First: 7/6/2000 Last: 6/10/2010 |
I personally think that this is too lengthy. You dont need to go into issues of trust, you seem to be making it personal, something that you dont want to do. You mentioned that you warned the person the last time that if it happened again that you would termiate. You need to do just that or the employee will do it again as your credibility has been lost. |
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Please comment, an employees job hangs in the balance!
posted at 6/6/2001 3:36 AM EDT
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Posts: 6
First: 5/29/2001 Last: 6/6/2001 |
I understand but I think we have not done a very good job in his reviews and the whole HR thing. I suppose I think we should have been better employeers. So we feel compelled to do it now. |
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Please comment, an employees job hangs in the balance!
posted at 6/7/2001 6:59 AM EDT
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Posts: 28
First: 4/23/2001 Last: 7/23/2001 |
Okay, that occasionally happens. No need to beat yourself up about the situation. I too agree that you have made the letter too lengthy. Avoid going into issues of trust and respect - definitely too personal and should be avoided to prevent litigation. I suggest that you be very specific about dates and times that infractions occurred. For example:
5/12/01 - Absent from work - No call, No Show 5/14/01 - Late to work - No call 5/15/01 - Late to work - Shift begins at 8 am - Called at 9 am etc. You want concrete, specific evidence of a performance issue. Secondly, if you do indeed want to give counseling, I would shorten that section as well. I would state that you are requiring counseling and things need to improve by 1/1/02 (set a specific date and don't say one year from the signature - one year is also extremely lengthy. Can you indeed tolerate this for another year?). Lastly, I would specifically state the following line "If there is one more incidence of tardiness or absenteeism, this will lead to further disciplary action up to and including termination". That should convey the seriousness of the infraction as well as cover you legally. Hang in there and best of luck! |
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Please comment, an employees job hangs in the balance!
posted at 1/8/2002 1:29 PM EST
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Posts: 4
First: 1/8/2002 Last: 1/15/2002 |
I think you've gotten some really good advice. One other question. Why are you sending this person to couseling? Are you assuming being late is indicative of some sort of emotional or physical issue. Let me tell you, you may be opening the doors for much bigger issues if you initiate that path.
(i.e., worker's comp, stress leave, etc.) |
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Please comment, an employees job hangs in the balance!
posted at 1/10/2002 3:43 AM EST
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Posts: 132
First: 7/3/2001 Last: 5/12/2004 |
I agree with tgerald. Be careful with the counseling requirement. Could open door for Work Comp, ADA, etc. Also seems to add undue responsibility to you and your company. Are you willing to make the same offer to other employees who are having attendance or performance problems? If not, be prepared to answer accusations of discrimination (it seems practically everyone belongs to a protected class of some sort). The Golden Rule of HR is CONSISTENCY. Consistency in HR practices is essential to keeping you out of court.
Additionally, you assume too much responsibility for your employee's tardiness/absences. Though it is possible you could have or should have done a better job addressing these issues in the past, the employee has chosen these behaviors. Coming to work on time, or coming to work at all for that matter, are universal requirements in the world of work. Short answer: He/She knows better. Don't be so hard on yourself. |
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Please comment, an employees job hangs in the balance!
posted at 1/18/2002 8:11 AM EST
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Posts: 5
First: 1/18/2002 Last: 1/18/2002 |
Counseling will result, most likely, with an ADA claim. Don't do it.
Do you have an EAP? Making brief reference to the services of an EAP is likely the best avenue as long as the EAP is available to all employees. Otherwise, just document and notify until you've had enough and then dismiss the person without all the fanfare of your lengthy letter. |
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