1. TAKING A PROACTIVE APPROACH TO EMPLOYEE DISCIPLINE Thomas R. Maloney 306 Warren Hall Cornell University Ithaca, NY 14853 Tel: 607-2551628 Email: trm5@cornell.edu trm5@cornell.edu People in Ag Webinar July 16, 2008

2. PERFORMANCE MANAGEMENT AND DISCIPLINE ARE CLOSELY TIED

3. PERFORMANCE MANAGEMENT: The daily process of working toward previously established performance expectations followed by a formal or informal evaluation The daily process of working toward previously established performance expectations followed by a formal or informal evaluation

4. BUSINESS DIRECTION GOALS PERFORMANCE EXPECTATIONS APPRAISAL COACHING AND FEEDBACK

5. Continuous feedback is the key to performance management

6. Performance related issues are different from blatant disregard for the rules or the law

7. PERFORMANCE RELATED ISSUES Poor quality Poor productivity Poor attendance Ineffective interpersonal relationships

8. BREAKING RULES OR LAWS Theft Drugs in the workplace Sexual harassment Working under the influence of alcohol

9. WHAT IS THE PURPOSE OF DISCIPLINE?

10. Either the employer or the employee can terminate the relationship at any time for any reason “AT WILL” EMPLOYMENT

11. Given that many states are at will employment states why is there such a great fear of discharging an employee?

12. TWO EVENTS HAVE ERODED “AT WILL” EMPLOYMENT 1. An increase in protective legislation 2. The concept of an implied contract for: Long term employment Termination only for a good cause

13. Erosion of “at will” employment has increased the emphasis on documentation

14. PROGRESSIVE EMPLOYEE DISCIPLINE STRATEGIES

15. PROGRESSIVE DICIPLINE DEFINED A progressive approach to discipline which defines unacceptable behavior and communicates the consequences of that behavior. The employee is involved in every step of the process A progressive approach to discipline which defines unacceptable behavior and communicates the consequences of that behavior. The employee is involved in every step of the process

16. THE PROGRESSIVE DISCIPLINE APPROACH Coaching Verbal warning Written warning Termination

17. Some discipline approaches use a decision making leave day

18. Much of the current discipline literature emphasizes documentation

19. THE KEY COMPONENTS FOR DOCUMENTING DISCIPINE The E FOSA + System

20. E-FOSA + Expectations Facts (What, When, Where, Where) Objectives (Define Expectations) Solutions (Methods to Improve Performance) Action (Consequences) + create opportunities for employee to succeed Source: Paterson & Debleax, Documenting Discipline, Fourth Edition

21. THREE PRACTICAL BOOKS The Progressive Discipline Handbook by Margerie Mader-Clark and Lisa Guerin Documenting Discipline, Fourth Edition by Lee T. Paterson and Mike Deblieux 101 Sample Write Ups for Documenting Employee Performance Problems by Paul Falcone