W. Comp - Discipline for Horseplay

Jackie

Have a factory employee break his ankle in 1998 by "running and leaping from loading dock". It was obvious to us that he was trying to see how far he could jump. The HR manager at the time didn't want to proceed with disciplinary action for horseplay but talked about "maybe later".

The employee claimed it was work-related, but was denied benefits by our insurance company. He filed with the Industrial Commissioner. It was finally reviewed this past May, and the Deputy Ind. Commissioner gave a decision that it was NOT work-related, but a result of horseplay.

Is it too late to issue a disciplinary action to the employee? Under our plant rules, horseplay starts at "immediate suspension" for 1st offense (& review for layoff or discharge), with discharge as 2nd offense. Since so much time has passed, I do not feel we could suspend him temporarily or discharge him without him being awarded something for "retribution" or "unjustified termination".

I was considering a written warning of 1st offense stating a 2nd offense would result in immediate discharge, especially since it cost considerable money paying overtime to other employees to cover the job for 4-5 months.

What are your thoughts?

Margaret Morford

I think that you have waited too long to issue discipline. I would make sure your policy is drafted to allow you to issue discipline "up to, and including, termination" for a first offense of horseplay. Sit down with this employee and go over the policy and tell him that if he gets caught in horseplay again, he will be terminated....No second chances for him. I'd put a memo in his file to that effect saying that you had the conference and he was on notice that the next step for him was termination. Then make sure all managers go over the policy about horseplay with all employees so that the employee group understands the policy going forward. That will keep the second chance this guy got from coming back to haunt you as a past practice. Hope that helps. Call me if you have questions at 615-371-8200.

Margaret Morford
theHRedge

System

I agree. If the employee violated company rules in 1998 by horseplay, whether or not it was an IA, action, counseling, discipline or whatever should have been taken then. To impose it 3 years later would be to violate a basic concept of disci[line--the old "hot stove" approach: just as the employee knows that if he touches a hot stove, his finger gets immediatley burned, an employee needs to "know" that if he violates policy or commits misconduct, he will be disciplined --counselled, whatever--by the company just as assuredly and as "quickly."