Progressive Disciplinary Action Advice

I'm a little stumped and looking for some pro's and con's to handling a situation. I need the expertise of the forum in handling this one.

We have an employee that has had performance problems in the past and received a suspension a little over a year ago. Since then the same issues have been written up in her annual review and also have been brought up at a recent department meeting (as all the employees in the area are having difficulties with personal visits, phonecalls, not getting work done etc...)

Her supervisor would like to take the next step in the disciplinary action process with her - except they want to modify what we would generally do for disciplinary action. We would normally give a 2 day suspension, give an outline of issues and changes needed with the warning of termination as next step.

Her supervisor says that giving an unpaid suspension doesn't make sense because she needs her here to catch up the work that she's way behind on. She would rather write her up and take away her vacation she had planned for two weeks over the holiday season. This employee has had these issues for awhile and I suspect they won't improve or will improve only temporarily and we will pursue termination and outsource her job. With that in mind....

Am I being a stickler by insisting on the 2 day suspension? My concern is if we don't suspend then we've essentially set ourselves back to the "written warning" stage and should not terminate if things don't improve but would have to do another stage of disciplinary action. I don't think we want to wait much longer to resolve the productivity issue if she doesn't improve substantially.

Would what the supervisor wants to do (no supsenion)set us back in the event things don't improve? Or if needed could we still terminate later on? I can't recall any instances in the past where we've had this come up.

Comments

  • 15 Comments sorted by Votes Date Added
  • Since you don't have a union you have some felxibility, and so you're not locked into a formula. You can write her up, make it a last and final warning, cancel her vacation and still have the ability to term her later if she doesn't improve.
  • If the ee was previously suspended and continued with the performance problems, why wasn't she suspended again. If other ees were spoken to about the same problem, why is this one ee being singled out?
    If it was me, I would suspend and make sure there is follow up. To take away an approved vacation is something I wouldn't do. (however, you do have that right). However, be forwarned, if the other ees who were spoken to are treated equally, you could be asking for problems.
  • Actually I think I mis-wrote. Her job is collecting on delinquent accounts which she hasn't been doing a good job at on top of the other productivity issues (personal phone calls, visits etc...). My understanding is that the other employees in her area (who also do collecting) are not behind on collecting their delinquent accounts - just spending a little too much time socializing. Which I also agree should be addressed. They were hoping with the department meeting things would get better (and they have improved in the socializing arena). They will also have better goals set for them now.

    I tend to agree, I think the supervisor was lax on monitoring her work and that is being addressed.
  • I've had this before...where a suspension really doesn't work b/c we need the employee here. We've used a final written in lieu of suspension, with the next step being termination. Although I can count on one hand the times we've used it, it has worked.
    Taking away vacation is iffy. What's your policy if she calls in? I would bet money she'll do that.
  • Good thought on what to do if she calls in... We'll probably require a Dr.'s excuse. I like the idea of final warning in lieu of suspension - sometimes I just need a little perspective from others! I think the supervisor decided to take away one week instead of two.
  • Why not a suspension with days off waived? Include a statement that this is the final stage in the progressive discipline process and the next step is termination.
  • I have used both the Final Warning/Last Chance Agreements as well as the "in house" suspensions and have found both of them work well. The final warning is usually given in addition to a suspension, although we have used them instead of the suspension, and this works well because the EE knows that any further occurrences of that behavior will result in their immediate termination.

    The in-house suspension has worked well in instances, like yours, where we need the EE here at work but are at the suspension stage of the discipline process. Basically it is a suspension on paper only, just verifying that you are following your process, and the EE is required to report for work and work each day. Let me tell you that an EE who knows that they are at the suspension level and are told they are NOT getting that time off gets more upset than being given the time off.
  • Linda: What's an in-house suspension? If she's in-house, she's not suspended.

    I agree that you are not locked in to the suspension, unless your written policy is that rigid or you have a union.

    Another question is, if she is incompetent and not productive and doesn't do a good job, why would the supervisor say she can't do without her?

    Just wondering, what's her ethnicity and age?
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-10-04 AT 01:21PM (CST)[/font][br][br]Hello Don, no protected classes in this case.

    I think the employee has the ability to do the work and do a good job - she chooses not to - which is too bad because it's going to bite her in the butt eventually! With this disciplinary action she'll shape up for ahwile...and we'll get what we need out of her. If we suspended her she would have less time to get the accounts collected before month end. Maybe the logics not that great but that's the thought behind it.
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-10-04 AT 02:05PM (CST)[/font][br][br]Well, in that event, I would make it a final step disciplinary action with the understanding that although a punitive suspension would ordinarily be imposed this step has the same weight as if it had been and the next step is termination.
  • SAMATHIAQ:

    What we have done for years is take the suspension step, but then suspend the suspension and make her work. By doing so the discipline step of a two day suspension has taken place, but due to business necessity the individual was required to work instead of being at home or out shopping. Of course when you do this you must rightfully pay her for the required hours worked.

    I do believe you should not mess with one's scheduled vacation time unless their is truly a business necessity for her to forego her scheduled vacation. Should that happen then you should be ready to re-imburse the lady for deposits made and now lost because the company required her attendance at work instead of being at play.

    Hope this helps!

    PORK
  • You can also schedule the suspension at your convenience. Certainly it should be reasonably close to the infraction, but, there's absolutely no reason you cannot suspend her for Tuesday, Wed, and Thur of the second week of next month. Gives her some time to think about it, keeps her there when you need her, and she still loses the pay, etc.
  • Thanks for all the GREAT advice! We did decided to make this a final warning at the level of a 2 day suspension - without the actual unpaid suspension. We did take away one week of her vacation (not the two we originally were going to) and she whined about not having day care (hmmmm....if she had been doing her job in the first place she wouldn't need to be here...) She refused to sign the warning when it was presented.
  • When you say you 'took away' a week of vacation, do you mean you cancelled it or you wiped it off the books? If the latter, what in your policy do you feel would make that legal or justified?
  • We cancelled her vacation - we did not penalize her PTO time. She still has that to use later if things improve!
Sign In or Register to comment.