FOUR STEPS TO BETTER DISCIPLINE
Question : I have a long-term employee who ties up the telephone with personal calls. Nothing I say seems to discourage her from continuing to waste her time and my money. How can I handle this? Does the fact that she has worked here for 17 years make termination a poor choice?
Answer : Termination is sometimes the only solution for an employee who will not conform to an employer’s rules and guidelines. Her tenure does not automatically protect her from termination. But it does add to the list of precautions you will want to take in a situation of this nature. For example:
* The employee is a woman and therefore protected from possible sex discrimination.
* If she is 40 years of age or over, she is protected from possible age discrimination.
* The fact that you have allowed her to “get by” with telephone abuse for a long time and now consider terminating her may allow her to argue that you’re looking for an excuse to fire her because of her sex or age.
Your worst possible action would be to suddenly terminate this employee. Instead, consider a progressive discipline approach. Progressive discipline gives the employee a clear explanation of the problem and allows time for the employee to correct her behavior.
Here’s how a progressive discipline plan might work using a four-step system:
1. Give the employee a verbal warning. Be specific about what she is doing that is unacceptable, and tell her exactly what behavior you expect. Also tell her the consequences if her behavior does not change.
2. Prepare a written account of the inappropriate behavior and the correct behavior that you expect. Have the employee read and sign. Include language that explains that failure to correct the inappropriate behavior will result in suspension from work or possible termination.
3. Suspend the employee from work for one to three days without pay. Make it clear to the employee that further inappropriate behavior will mean termination.
4. Terminate.”Progressive discipline” gives an employee the chance to improve job performance before you are forced to dismiss them.
Such a policy often prompts employees to feel they have a right to advance through each stage of progressive discipline before dismissal occurs. This employee expectation conflicts with the employer’s need — on rare occasions — to immediately fire an employee.
Here’s how to resolve this potential conflict:
State that your “Progressive Discipline Policy” will be implemented solely at the discretion of management.
Avoid promises such as “XYZ Company will never dismiss an employee without first applying progressive discipline.”
Include a disclaimer stating that your Progressive Discipline Policy is not meant to create contractual employment rights.
If you list in your policy examples of misconduct, explain that the list is not a complete inventory of offenses for which employees can be disciplined. Example: “This list describes various offenses that merit discipline. It is not all-inclusive. XYZ Company reserves the right to discipline employees for any offense — including those not detailed in this list — that interferes with work performance or endangers the safety or health of the employee, the public or a coworker.”
[NOTE: Information and guidance in this story is intended to provide accurate and helpful information on the subjects covered. It is not intended to provide a legal service for readers’ individual needs. For legal guidance in your specific situations, always consult with an attorney who is familiar with employment law and labor issues.]
