Disciplining Employees What Supervisors Really Need to Know Presented by Jana Legako, J.D., PHR Gordon Cooper Technology Center Human Resources Director

Disciplining Employees What Supervisors Really Need to Know This presentation is designed to provide accurate and authoritative information in regard to the subject matter. It is given with the understanding that Gordon Cooper Technology Center and its representative are not engaged in rendering legal services. If legal advice is required, the services of a competent professional should be sought.

Are You Guilty of Discrimination? Discrimination People in one group are treated differently than people from a different group

Eight Areas of Protection for Employees 1. Race and Color 2. National Origin 3. Citizenship 4. Religion 5. Sex 6. Pregnancy 7. Age 8. Disability

The Four Key Concepts of Disciplining Employees 1. Be consistent 2. Have a legitimate business reason for every decision 3. Document events 4. When in doubt, call an expert

1. Be consistent Employers have a duty of good faith and fair dealing which means… Treat all employees fairly Easiest way to prove you treat people fairly is to show you… Treat them the same

1. Be Consistent Be consistent in documenting events to support decision to discipline or fire employee. Document everyone’s action in order to prove that one person should be disciplined.

1. Be consistent Practical tip: If you single out employees for documentation or discipline, you are not treating them fairly, and you have violated your duty of good faith and fair dealing.

2. Have a Legitimate Business Reason for Every Decision It is perfectly legal for you to treat people differently if you have a Legitimate Business Reason.

2. Legitimate Business Reasons Directly related to work Performance Company rules Business conditions

2. Legitimate Business Reason Be able to articulate a legitimate business reason for decisions made to: Hire Train Promote Discipline Fire

3. Document Events Write down what happens with your employees on a day-to-day basis Document what you did and why you did it

3. Document Events When to document Use calendar or notebook to keep track of informal warnings Employee makes a mistake – make a note on that date If there is a consistent pattern of the same kinds of mistakes put in a warning or review

3. Document Events When to document Attach informal documentation to warning or review Place in official personnel file Best practice to get employees’ signatures on all important documents

3. Document Events How to document Write a disciplinary memo you would want a judge to see List the objective, verifiable facts that led to the conclusion

3. Document Events How to document Don’t use subjective words In order for employees to improve, they must know exactly what to do Use clear, precise language Avoid extremes

3. Document Events Poor Wording Your are frequently tardy. You don’t concentrate on your work. You do not get along with co-workers. You are irritable and refuse to communicate. You abused sick leave. Better Wording You were 30 minutes late three times this week. You made 29 typing errors on the letter of May 2. You yelled at Chris Smith yesterday. You locked yourself in your office and did not answer. You have exceeded accrued sick leave.

4. When in Doubt, Call an Expert Experts should be consulted early on, before there is a problem Company’s personnel department Company’s legal department Outside lawyer

Contact Information Jana Legako, J.D., PHR , ext. 295