EMPLOYEE RELATIONS

1. EMPLOYEE RELATIONS

2. Employee Relations • Misconduct-Normally a failure to follow a law, rule, or regulation, such as the failure to follow a directive or misuse of equipment. • Poor Performance-Performance which fails to meet expectations.

3. When you become a manager you lose your right to… • Lose your temper • Be one of the gang • Bring your personal problems to work • Vent your frustrations and express all your opinions at work • Resist change • Pass the buck • Get even • Play favorites • Put your self-interests first

4. The Marginal Employee • Most difficult to address • Job performance below acceptable level • Requires more supervisory time • Supervisor thinks employee will improve but doesn’t • Always has an “excuse”

5. Major Mistake… …not addressing unacceptable conduct or poor performance as soon as it occurs. Examples: • Frequent tardiness or absences • Failure to use safety devices • Violation of dress code • Unprofessional behavior • Lack of initiative • Poor job performance • Insubordinate

6. The Process Verbal Written 2nd Written or Suspension Investigative (Optional) Dismissal

7. Reasons We Don’t Document • It makes us uncomfortable • It’s time consuming • We visualize angry employees • We fear confrontational meetings • We want to be liked • We think or hope it will go away • We’re unsure of what to do and how to do it.

8. Board Policy Job Descriptions Employee Handbook Work Schedules Training (growth plans) Employee Evaluations – annual performance reviews Federal, State & Local Regulations & Guidelines Written Procedures Staff Meetings Oral Instructions Work Order System Discipline system Communication Tools

9. Counseling Face-to-face communication Conducted by supervisor Usually, first form of action Discipline Penalization Conducted by Human Resources Typically, second form of action Counseling vs. Discipline

10. General Rules for Disciplinary Procedures • Enforcing Rules Protects Employees and Employers • Don’t Use Discipline as a Form of Retaliation • Act Fairly • Did the employee understand the rule? • Make the discipline match the offense. • Did the employee cause this? • What is their story? • Act Consistently • Don’t look the other way. • Are you treating them differently from other employees? • Act Legally • Make the discipline prompt…Don’t wait! • Document, document, document. • Would a reasonable person feel that the punishment fits the crime?

11. What is Counseling • Direct face-to-face conversation between a supervisor and a direct report • Used to help the employee identify the reason for poor performance to improve, not embarrass or humiliate him or her • Generally more formal than feedback and coaching and is required of a small percentage of employees • Causes of failure • The employee does not know how • Lack of instruction or feedback. • Something or someone is hindering work output • Physical or mental restrictions, time or equipment restrictions • Attitude • Poor attitude, employee is “burned-out” or unhappy, or does not particularly enjoy the task.

12. Informal Counseling • Intended to correct a performance problem by bringing it to the employee’s attention as soon as it occurs. • Improves communication • Helps the employee understand policies & procedures • Supervisor ensures that expectations are clear before disciplinary actions are required • Supervisor develops written record (memo to file) • Notes used later as a reminder

13. Minimizing Conflict • Counsel in a timely manner • Counsel in private • Look for the root cause of the problem • Listen. Do not interrupt • Show sincere interest in the employee • If you can help, offer it, do it

14. The Counseling Process:After the Session • Document: Write a memo, if appropriate • Immediacy: Whatever you decide to do after the session, do it immediately after the session – do not wait which can cloud your recollection of the events of the session • Allow for employee rebuttal if requested • Schedule a follow-up consultation • Continue to monitor performance

15. Oral Warning • Checklist for Supervisor: • Behavior or performance is unacceptable • Employee must change or more serious consequences will follow • Possibility of termination • Be firm but not threatening • Determine if more training is necessary or if other resources are needed • Keep written record of oral warning = “informal” documentation • Include date, subject & instructions to employee • Notes will be helpful later but will not stand on their own • Informal documentation is not effective in lawsuits or grievances • Communicate with the HR office

16. Oral Warning Examples of informal documentation: • Notebook entries • Calendar entries • Post-it notes • Memo to the file • Email • Memo to the employee w/out the employee’s signature

17. Written Warning • Issued to employee if minor offenses are repeated or a more substantial problem occurs. • Good documentation is written correspondence from the supervisor to the employee memorializing discussions of performance concerns, inclusive of directives for future behavior and signed by the employee evidencing receipt. • Formalizes the seriousness of the problem • Begins the formal documentation that could lead to termination • Conference is held in private • Discuss needed improvements • Allow the employee to comment

18. Written Warning Must be: • Addressed to the employee • Dated • Acknowledged by the employee (signature) • Contain references that it will impact the evaluation • Include forewarnings – see the previous notes on file • Provide opportunity for person to improve • Provide consequences - if fail to achieve desired outcome • Copy to employee, supervisor & Human Resources Dept

19. Guidelines for Written Warning • Assume the warning will be read by others • Avoid jargon and acronyms • State the facts • State previous oral or written reprimands or warnings – w/ dates • Have someone proofread for spelling and punctuation • Treat all employees the same • Paint a complete picture • State improvement expected (& time period) • Obtain signature of employee • Allow employee opportunity to respond in writing • Inform that it will be placed in employee’s file

20. Guidelines on How to Say It

21. Suspension or Termination • Don’t Do This Alone - - Communicate with HR • Suspension With Pay - when actions require investigation • May Suspend Without Pay - as final step before termination • Termination • If conduct or performance does not improve • If continued or more serious violations occur • Do not take lightly (even with at-will employees) • Ensure you’ve followed policy • Have proper documentation to support action • Follow an exit procedure • Inform employee of grievance process

22. The Termination Meeting, Do’s and Don'ts • Do Not. counsel the employee. Why? • Do Not. apologize to the employee. Why? • Do Not. argue with the employee. Why? • Do draft an outline of things to be covered. • Do treat the employee with dignity. This meeting can be humiliating. • Do have at least two employer representatives present. • Do schedule at least 10 minutes for the meeting, no interruptions. • Do explain briefly and clear. • Do explain benefits continuation and have paycheck ready. • Do collect all company property. Try to avoid a trip to the desk. • Do arrange to block computer and building access.

23. Employee Grievance Process • Allows opportunity for employee to vent • May address: • Conditions of work, salary, hours of work, evaluation, leave, discrimination allegations, and retaliation • Follow all the rules: • Make everyone comply with the policy and specific requirements • Always ask: Is this a formal complaint? • If yes: Follow the grievance policy!

24. Credits: • Schwartz & Eichelbaum, P.C. • Texas Association of School Boards • San Angelo ISD Board Policies and Procedures • Larry Patrick, New Caney ISD