Progressive Discipline Procedures Under Justice In Employment presented by Thomas B. Wieser

1. Progressive Discipline Procedures Under Justice In Employment • presented by • Thomas B. Wieser

2. “The foundation of justice is good faith.” ~ Marcus Tullius Cicero

3. According to Justice In Employment, an employee who is not on probation may be terminated only for “Just Cause.”

4. During initial probationary period, employment is “at-will.” Consider extending period of probation.

5. “Just Cause” must be established to terminate an employee for poor performance or improper conduct.

6. “Just Cause” applies to employment terminations relating to staff reduction.

7. PROGRESSIVE DISCIPLINEPROCEDURES • Must be followed before termination for Just Cause. • Can be considered when making staff reduction decision.

8. BENEFITS TO FOLLOWING PROGRESSIVE DISCIPLINE • Process can result in improved employee performance. • Process allows for honest and frank discussion with employee. • Process provides support for termination decision, if that becomes necessary.

9. IMPEDIMENTS TO FOLLOWING PROGRESSIVE DISCIPLINE • Process can be time consuming. • Process requires supervisor to have “courageous conversation” with employee. • Necessitates making difficult choices; may seem easier to ignore the problem.

10. ADEQUATE WARNING Did employee know or have reason to know that conduct was wrong?

11. REASONABLE RULES Does the rule or policy create a safe and supportive work environment?

12. RULE OR STANDARD OFCONDUCT VIOLATED What rule, policy, or standard of conduct did the employee violate?

13. FAIR INVESTIGATION Has a fair investigation been conducted? Was the employee given an opportunity to explain what happened?

14. PROOF OF WRONGDOING Has the allegation of wrongdoing been proved?

15. FAIR AND EQUAL TREATMENT Did a different employee commit a prior similar violation; and if so, how was that employee disciplined?

16. APPROPRIATE DISCIPLINE What is the appropriate level of discipline?

17. STEP ONEOral Warning Document: • Date • Time • Subject matter

18. STEP TWOWritten Warning Document: • Problem • Improvement needed • Timetable for improvement (if appropriate) • Define consequences

19. STEP THREEFinal Written Warning Document: • Problem is extremely serious • Employee’s last chance • Termination if no improvement

20. STEP FOURDismissal Prior to dismissal, employer must “seek and follow” advice of qualified attorney.

21. Sample Progressive Discipline Form [Employee Name] [Oral] [Written] [Final] Warning From: [Supervisor Name] Date: October 28, 2011 Time: 2:00 p.m. Present: [Employee] [Supervisor] [Parish Administrator] [Pastor] NATURE OF PRESENT CONCERN This is to notify you that we are [initiating] [continuing] progressive discipline under Justice In Employment. [Refer to specific policy employee has violated.] Background [Describe prior disciplinary instances.] Improvement Required [Describe specific corrective action and a timetable, if appropriate.] Consequences “Any further violations of this policy or any other performance deficiencies will result in discipline, up to and including immediate termination.”

22. The Prayer Said Before Finals Now I lay me down to study. I pray the Lord I won’t go nutty. If I should fail to learn this junk, I pray the Lord I will not flunk. But if I do, don’t pity me at all. Just lay my bones in the study hall. Tell my Prof I did my best, then pile my books upon my chest. Now I lay me down to rest, and I pray I’ll pass tomorrow’s test. If I should die before I wake, that’s one less test I’ll have to take.