1. The troublesome employee: how to quell the disturbance in the force
Angela Fyans-Jimenez
Christine L. Self
1 North Old State Capitol Plaza, Suite 200
P.O. Box 5131
Springfield, IL
22 West Washington Street, Suite 1500
Chicago, IL

2. Where to start?
Four Key Questions:
Who?
What?
Where?
Why?

3. Details, details, details
Document EVERYTHING
Notes during the interview
Summary after the interview
Final report with recommendations

4. Pre-investigation DO: DON’T: Contact legal counsel Create a plan
Ignore complaint
Delay investigation
Delay objectivity

5. Investigation DO: DON’T: Allow sufficient time Pay attention
Be thorough
DON’T:
Be aggressive

6. The investigative report
Must haves:
Facts, dates, parties
Policies/actions of Employer
Specific conclusions
Unresolved issues, if any
Name of final decision maker

7. Employee termination Remember Loudermill:
Due process required before public employee can be dismissed from employment
“Pre-termination” meeting
Inform employee, present evidence, allow response
Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985)

8. Union matters
Grievances
Arbitration

9. grievances Review your CBA Follow time frames
Remember waiver of steps can be requested by Union and granted by Employer

10. Arbitration Unresolved/denied grievance? Move on to arbitration
Look to the CBA for timeframes

11. Where to begin? Pull a panel (or two) How to choose an arbitrator?
Research, research, research
Internet, Lexis, Westlaw, and Elkouri
Information tools
Demands for information, FOIA requests, Subpoenas
Preparation is key

12. Post-arbitration Review: Received an Adverse Order? Transcript
Brief prior to submission
Received an Adverse Order?
90 days to appeal to Circuit Court

13. Employee Coaching Four situations: New Hire Warning before discipline
Re-training
Creating employee goals

14. How do I . . . Specify behavior? Be specific Clarify expectations
Ask for agreement

15. How do I . . . Clarify consequences? Probe for employee understanding
Ask for agreement on the issue

16. Positive feedback can motivate
Don’t forget . . .
BE POSITIVE!
Positive feedback can motivate

17. Employee evaluation Be sure to: Have a form Explain the process
Be detailed
Choose your words with care

18. Important timelines to know
Human Rights/Discrimination
Family Medical Leave
Unemployment
Workers’ compensation
Disability

19. Questions?
Angela Fyans-Jimenez Christine L. Self Sorling Northrup 1 North Old State Capitol Plaza, Suite 200 Springfield, IL Phone: (217) Facsimile: (217)

20. ANGELA FYANS-JIMENEZ

21. CHRISTINE L. SELF