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LAW 598 - HR & Employment Law W5B

Date post: 13-Apr-2017
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Corrective Action Needed Drug and alcohol policy violations Insubordination Harassment policy violations Inappropriate use of e-mail, computer or Internet Violation of confidentiality Substandard performance Inappropriate conduct Workplace violence
Transcript

Slide 1

Corrective Action Needed

Drug and alcohol policy violationsInsubordinationHarassment policy violationsInappropriate use of e-mail, computer or InternetViolation of confidentialitySubstandard performanceInappropriate conductWorkplace violence

11

The Iceberg of ConflictIssues_____________PersonalitiesEmotionsInterests Needs DesiresSelf-Perceptions Self-EsteemHidden ExpectationsUnresolved Issues from Past

Cloke & Goldsmith

2

Angry People

Manage EmotionsYours and OthersEliminate personal barriers

Unplug hot buttons

Break the retaliatory cycle

DEALING WITH ANGERStop, breathe.Identify judgmental thoughts.Connect with your needs.Express feelings and unmet needs.

From Nonviolent Communication by Marshall Rosenberg

Managing AngerDiscover underlying reasonShare feelings and clarify expectationsAsk questionsAvoid offensive responsesAsk for a time outAsk for helpApologize and start overCloke & Goldsmith, RESOLVING CONFLICTS AT WORK

Genuine transcendence comes when we own our emotions, and by owning them, release ourselves from their grip.--Kenneth Cloke and Joan Goldsmith

Marion the LibrarianMarion the Librarian had a bad day yesterday. Too many schoolchildren came to visit the Library and would not keep quiet. Marion went home and drank tequila. She fell asleep.This morning Marion overslept the alarm and just made it in time for her 8AM meeting. You notice that her hair is not combed; she is giving off a strange odor and has glassy eyes.

Marion the LibrarianWhat should you do first?What other facts do you need?What options do you have? What options does Marion have?

Anna AdminAnna Admin was scheduled to be at her desk at 8AM. She arrived at 8:30AM and told Sally Supervisor she had a flat tire.On Tuesday, Anna arrived at 10:15AM and told Sally she had a flat tire.On Wednesday, Anna arrived at 8:15AM without an excuse.

Anna AdminWhat should you do first?What other facts do you need?What options do you have? What options does Anna have?

Vinny Van Driver Vinny Van Driver has been angry a lot lately.He came to work today in a bad mood. Sally Supervisor told him to park the van in the basement and he told her, No, I wont and you cant make me. Sally asked, Did you say no? Vinny said, Yeah and you can go to hell. Sally recommends that you fire Vinny.Vinny then comes to you and says he is depressed.

Vinny Van DriverWhat should you do first?What other facts do you need?What options do you have? What options does Vinny have?

Due Process and Just CausePublic employees have unique rightsIf permanent, property right in jobLiberty right in what they sayEntitled to procedural due processEntitled to just cause terminationEmployees under union contract have unique rightsMany private companies have progressive discipline for corrective action

Types of Discipline

Verbal counselingOral reprimand Written reprimand SuspensionWith pay Without payDemotionDismissal/Discharge

Seven Steps to Just Cause

Notice Reasonable rules & orders Investigation Fair investigation Proof Equal treatment Penalty

NoticeEmployee needs to know expectationsPersonnel manualNew hire orientationDaily supervisionAnnual evaluationCoaching/mentoringProgressive discipline prior warningWas employee forewarned of the consequences of his/her actions?

Reasonable Rules & OrdersConsistent with Personnel Manual/ CBA/rules/Employee Handbook/laws Not arbitrary or capriciousRelated to business necessity, orderly, efficient and safe operation of businessAre the rules reasonably related to business efficiency and performance the employer might reasonably expect from the employee?

InvestigationThoroughTimelyPrior to imposition of disciplineLoudermill give opportunity to respondUnion representationWas an effort made before discipline to determine whether the employee was guilty as charged?

Fair InvestigationCheck for biasDo not make assumptionsFair and objectiveWas the investigation conducted fairly and objectively?

ProofSubstantial evidenceTest assumptionsGreater proof for more serious allegationsWas substantial evidence of the employees guilt obtained?

Equal TreatmentEven-handed application of rulesNo discriminationBalance and judgmentWere the rules applied farily and without discrimination?

PenaltyFair Not arbitrary, capricious, emotionalFactorsLength of servicePrior performance historyPrior disciplinary historyNature of offenseWas the degree of discipline reasonably related to the seriousness of the employees offense and the employees past record?


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