Discipline and Dismissal

“Discipline is not something we do to poor performers for misbehavior. Rather, it’s something we help create and maintain for all employees because they deserve to work in a safe, productive and professional environment.”
- Performance System Corporation

A. Common Disciplinary Problems

• Miscommunication – The employee either did not receive a message or received only part of a message, or the message was delivered in a way that may have been misinterpreted.
• Different Interpretation – The employee believes that adherence to rules, policies or procedures should be carried out in one way, while the actual intent of the rule, policy, or procedure is something else entirely.
• Different Values – The employee has less regard than others for a specific task or duty and does not attach importance to its value.
• Opposing Goals – The goals of the company or supervisor are directly opposed to those of the employee.

B. Effective Discipline

The supervisor should:

• Set clear expectations.
• Be sensitive to individual situations.
• Be empathetic.
• Be consistent.
• Listen.
• Put the responsibility for both the problem and the solution on the employee.

C. Documenting Discipline

• Facts – Use your five senses not your personal opinion. State specific facts observed and use the HOOP Policies and/or University procedures as reference to let employee know why he/she is being disciplined.
• Objectives – What do you expect in the future from this employee. Be positive. Set specific, positive, measurable objectives.
• Solutions – This is what you want and not what you don’t want (remain positive). Be specific and use measurable criteria. Try to help the employee succeed.
• Action – Use coaching, counseling, time off, probation and if necessary, termination. The employee needs to know exactly what actions you will take if the objectives aren’t met.

D. Progressive Discipline

• The severity of the action generally depends on the nature of the offense and an employee’s record, and may range from verbal counseling to immediate dismissal.
• The Director of Human Resources needs to be shown all written documentation before terminating a full-time employee.
• All warnings should be signed and date by the employee. If the employee refuses to sign the warning, another supervisor should immediately be brought in and asked to sign and witness that the employee has seen, but refused to sign, the warning.

E. Verbal Counseling (Oral Warning)

The employee needs to understand:

• It is a warning.
• All of the objectives.
• What is now expected of him/her.
• That there may be further disciplinary action.
• It will be documented.

F. Written Warning

• Document that the discipline has been progressive.
• Written warnings should be spoken as well as written.
• Start with the old facts, the employee’s problem and how you responded then go to the new facts, objectives, solutions and actions.
• The warning should inform the employee of the possible consequences, including the final written warning, demotion, suspension without pay or dismissal, should any additional violations or performance problems occur.
• A written warning need not pertain to the same offense for which the verbal counseling was given.

G. Third Offense

• If the third offense occurs with twelve (12) months of the previous written warning, final warning should be issued.
• The warning should inform the employee that demotion, suspension without pay or dismissal result if further violations or performance problems occur.
• A final warning need not pertain to the same or similar offense for which any prior written warning was issued.

H. Conduct which is subject to Disciplinary Action

• Work Performance – judged by the individual supervisor
• Misconduct – some examples include but are not limited to:
  
  1. Abuse/Waste of Supplies
  2. Destroying/Defacing Property
  3. Disorderly Conduct
  4. Drugs or Intoxication
  5. Failure to Cooperate
  6. Falsification of Records
  7. Fighting
  8. Neglect of Duties
  9. Refusal to Follow Instructions
  10. Repeated Tardiness or Absences
  11. Smoking in Non-Designated Areas
  12. Soliciting
  13. Theft
  14. Unhealthy/Unsanitary Conditions
  15. Violation of Policies
  16. Violation of Safety Rules

I. The Discipline Challenge

Supervisors often approach disciplinary transactions with only one goal: get the problem solved. Accomplishing that goal is important for obvious reasons. But a second goal, all too frequently overlooked, must also be accomplished for problem-solving activities to be truly effective: build or maintain the relationship with the employee.

J. Three Key Questions to ask the employee

• "Specifically, what can you do to solve the problem?"
• "Will you do that be willing to apply that solution?"
• "Can you think of anything that would prevent you from doing that accomplishing that goal/solution ?"

K. What to do if…?

• Someone gets violent of out control (hitting, yelling, cursing)
  Terminate the conversation or, in extreme cases, their employment; call your supervisor or Campus Police.
• Someone begins to cry
  Stay composed or ask them if they want to continue later.
• Someone refuses to talk
  Explain that you know that they are bothered but that they need to talk about it to reach a solution. Ask for their perspective, then sit back and listen.
• Someone makes discriminatory comments
  Explain that discrimination goes against all organizational policies and those comments will not be tolerated. Ask for only the facts of the situation.

Please note that these are just some examples, and that you, as a manager, will need to make judgment based on the specific situation presented.