I have several workers that are having difficulty understanding that the times to start and stop work are part of their production. I have addressed this verbally to those that show up late, or without the proper tools for their assigned responsibilities and have given verbal reprimands. I would like to know if there are form letters that I can customize to address these infractions in order to have documentation on record in the event of termination of employment for such employees.
Discussion Forum
Discussion Forum
Up Next
Video Shorts
Featured Story
This centuries-old paint offers vapor-permeabiity, maintainability, and longevity with zero VOCs, but know its limitations before you get to work.
Featured Video
Builder’s Advocate: An Interview With ViewrailHighlights
"I have learned so much thanks to the searchable articles on the FHB website. I can confidently say that I expect to be a life-long subscriber." - M.K.
Replies
I am not a labor specialist, so FWIW.
Make up a list of work rules and give them to your employees. Keep it simple, and end it by stating that violation of any of these rules will lead to diciplinary action, up to and including discharge. Have them sign for reciept of the information packages.
If you want to be fair, give them a period after which the work rule violation will time out, if it is not seriuose enough for immediate discharge.
Once each employee knows everyone has to follow your work rules, all you need do is keep record of violations, and when you informed the employee.
Give the employee a simple form that say they viloated work rule # xx, on such and such date. Have them acknowledge reciept by signing or intialing the form. Keep it on file and when they reach your magic number, take whatever diciplinary action you have layed out in your work rules.
If you don't treat every employee the same, that is where you create problems
Only you you know what is acceptable.
Be sure to include safety violations as seriouse violations and cause for dismissal.
This advice is probably worth what you paid for it.
Dave
I pretty much agree with all of the advice given here, but want to toss out a warning: whatever you come up with should be checked by someone knowledgeable in that area, preferably with good legal training or sensitivity.
Employee manuals and procedures can be a two edged sword (or even 3 edged.)
There are some semi-obscure legal principles which can hurt you in that sort of document.
For example, there is a legal principle of interpretation that says "expressio unius est exclusivo alterus" (expression of one thing excludes alternates)
So, if you say: "Employees are not allowed to play at work, such as shooting craps, playing poker or monopoly," a court could hold that you have allowed them to play mumblety peg - you have excluded other games by listing some.
That won't necessarily happen, but you don't want to pay a lawyer to have to argue the point.
So, what you say is: "Employees are not allowed to play at work, including, without limitation, shooting craps, playing poker or monopoly." (Or if you're in England, you say "Employees are not allowed to play at work, including, without limitation of the generality of the foregoing, shooting craps, playing poker or monopoly." I love that clause {G}!)
A second way you can get tripped up is if the manual specifically provides something contrary to existing law. A court can use that to throw out the whole manual.
So you include a clause that "If any court or tribunal of competent jurisdiction finds any of the foregoing unenforceable, all other provisions shall remain in full force and effect."
NOTE: laws and interpretations and "boilerplate" varies from state to state - don't use those clauses without checking with a local attorney. [I am not an attorney (anymore) and I don't play on on TV!]
A third way they can hurt is your words might be twisted against you.
One of the franchise home inspection companies got burned in part because its procedures manual said that inspectors should point out positive aspects of the house.
The court decided that the provision showed that the franchise was just #### kissing the real estate agents.
(Personally, I believe it entirely appropriate to say "the trim work [or whatever] is exceptionally well done" or "that is a nice extra touch that we generally only find in well built custom houses."
I'm not trying to please the agent or seal the deal, I'm trying to help my client make an educated decision. (I'm not saying "Oh, what lovely wall paper!" Although I might say something like "Notice how the sight lines from the front door extend all the way through and really give you a feeling of spaciousness - something I read in an FHB once!)
But that provision in their procedures manual stung 'em.
Sojourners: Christians for Justice and Peace
rules are good
but do/did they have a list of rules/performance expectations/standards before they started and did they sign agreeing
just a thought
been there done that
as far as form letters, without any proof of "expectations"
your a dreamer and they will give you the california howdy (middle finger extended)
and they will win in court
aint life as a boss, small time employer good, yeah good ????????????????? isnt this why we make the big bucks, have all this time off etc.?????????????????
Just type your own form up.
Name of employer.
Name of employee.
DATE (very important!)
What is the employer's complaint with the employee??
Space for the employee to write a response (if they want)
Action taken and/or to be taken.
Space for employee signature (if he/she refuses to sign, note that)
Space for employer signature.
Document, document, document.
All of this kind of begs the question of whether or not you have (or should have) an employee manual. But I'm ignoring that.
Rich Beckman
Another day, another tool.
DW use to be a compensation specialist. She wrote many employment manuals. I also have a close friend that has been a Hr manager or in that field for over 30 years now.
Laws and regulations change over time, so having that employment manual is becoming more important. It is a CYA for both the owner of a small buisness and can also serve to inform employees of changes in the law.
Work rules and safety rules are pretty much left up to employers, as long as they do not violate existing labor laws. Changing them to suite changing buisness developements and needs is quite common. Agian , as long as it doesn't run contary to existing labor laws.
Dave
Rich,
Your point about having the employee sign the notice of non-performance or whatever you call it--
I knew a guy who was a supervisor, and gave an employee a performance review that was overall unsatisfactory. The form had a block for the employees signature, indicating that the employee had been given a copy of the review and by signing it didn't necessarily agree with the ratings. The employee refued to sign it.
Being a quick thinker, the supervisor wrote across the top of the peformance review:
Employee refuses to sign_______ Date:______
and asked the employee to sign that they refused to sign. And the employee did.
Cliff
BigMike,
I only know of one solution to employee issues, don't have any.
Alma
My wife is a personell director. Really good at it. Make up your own form like those above suggest. But each time you talk to someone about an issue make a hand written set of notes and put it in a file with the employees name. This is legal documentation of a displinary event. Your notes are a written record of verbal communication of the things you discuss and are a legal document admissable in court. DanT
Just as another thought make sure that you are documenting observable behaviors and not attitudes. Whole lot easier to defend your decision if you have reached your decision on something that everyone including the court system can see, touch, understand.
Jeremy T. Johnson
Spell out your expectations and dont waiver from them. I have a "partner"(acts like a bad employee) who is not showing up on time (ever) leaves at exactly 5 o'clock and feels his weekly wage should be based on 40 hours. I finally had enough and put larger jobs on hourly pay. He still doesnt show up but at least i'm not paying for work that isnt getting done. He will be lucky to make it to the end of this job, hes gone. Work must get done in a timely manner, if not it reflects badly on your reputation and you lose money and jobs. I hope your situation improves.
Edited 9/13/2004 10:13 pm ET by MSA1
How many emplyees do you have and how many are troublesome?
Most issues are more a weakness in management rather than employee understanding. Your approach in clarifying and making things more concrete is right on. I had the same problem 3 yrs ago. Came up with a 2 page employee agreement/ form. I'll post it or e-mail it to you Wed. It's in my other computer.
Basically, it states the hours of employment, terms of sick and vacation days, consequences of lateness and failure to showup without calling in. It also covers what tools employees must provide EVERY day and what tools I/ the company provides, dress code, and behavior (language, radio, smoking).
Keep in mind, their will be an employee who will test your resolve. Do not waiver. Follow the terms of the form. Employees want strong and decisive bosses.
Some of my Co's terms:
If you are late twice within 2 weeks, you don't get to work that day AND the following day. The third time your late, if it's within two weeks of the second time - you're fired.
Show up w/out tools - you can go home and get them and punch in when you return, or you can not work that day AND the following day.
Amazing how most were early with all their tools from then on.
F.
Simple, If you're late for work - keep driving. Try for start time the next day.
Need to leave early? Dont forget to have the doctor write that note. Or you'll need to go back in the morning, and by the way, your gonna be late again. You might as well sleep in.
Simple, If you're late for work - keep driving. Try for start time the next day.
Need to leave early? Don't forget to have the doctor write that note. "
Maverick,
Sounds like you have been working with children, not adults. If I'm late or say I'm not coming in, no "excuse" is necessary. It works both ways.
Jon
Edited 9/15/2004 9:52 am ET by WorkshopJon
Right up my alley... I hope I can help.
First... an employee manual is a good idea and I can not think of one reason to not have one. However... any employee manual should have a clause that reads "this manual is not a binding contract, but rather a set of guidelines to assist the employee in understanding employment conditions and expectations. It is not all inclusive". BUT... by doing this... you invalidate the document as a "legal document"... kind of a catch 22.
Employee manuals are readily upheld in most unemployment cases. Legal cases... different matter... with the exception of providing guidelines for conduct, which is normally more of a "was the employee told" entry into evidence.
Now... at this point I should point out that with the exception of very few circumstances... employment is "at-will". Or in other words... the employee can leave at any time... and the employer can terminate employment at any time (as long as they do not break employment laws in doing so).
Much of what has been described is called "progressive discipline". Verbal warning, written warning, suspension, discharge. HOWEVER... under NO CIRCUMSTANCES do you want to tie yourself into a "procedure" of "points", specific actions for certain violations, etc. ANY clause that indicates progressive discipline should read "up to and including termination". Now... for the real biatch... if you are not consistent in progressive discipline.. it can be used against you in trying to prove discrimination (age or race, etc)... targeted discharge (choosing an employee to "make an example of")... or other such charges. NOTE... I am not saying not to do it... quite the contrary... DOCUMENT DOCUMENT DOCUMENT... but do it consistently.
Now... for the challenge to solve your problem. First.. I agree, document the problem and get the employee to acknowledge. If the employee threatens to quit... let him/her... do not bend your rules to appease the employee. DO, however, give the employee an opportunity to make comments on the write-up... it can be very helpful in any action... or simply just to better understand the problem.
DO NOT give the employee the write-up in front of another employee... unless it is in an "official witness" capacity. If you have a witness... have that witness sign that they were there when the write up was presented.
When doing the write-up... state facts. Do not give "opinions" or "feelings"... only the facts. Include what is needed for the employee to correct the action. Be specific... but again... you need to write up the corrective action in a way that cannot be misconstrued as "this is ALL you have to do".
ALWAYS end the corrective action meeting with a positive. Something like "this is a situation that is certainly correctable... and it is up to you to correct it. You are a valued employee, and understand that this is what I need you to do to be a better employee."
I have attached a generic form that I have for his type of matter... If you cannot open it (word)... let me know and I can try to set it up in a format that is usable for you. Note the second page... it has a reinforcement of the way to do a corrective action report in a constructive way.
>>First... an employee manual is a good idea and I can not think of one reason to not have one. However... any employee manual should have a clause that reads "this manual is not a binding contract, but rather a set of guidelines to assist the employee in understanding employment conditions and expectations. It is not all inclusive". BUT... by doing this... you invalidate the document as a "legal document"... kind of a catch 22.
Not really. Perhaps your script writers think so {G}, but the issue is both more and less complex.
One can easily create an employee manual which is legally binding but which is not an employment contract.
(In fact, the very words "this is a manual describing policies and procedures and shall not be deemed to constitute a contract of employment" or something like that should take care of the issue in most states, but check ewith your own lawyer.)
There are a number of potential legal pitfalls which would not be apparent to non-lawyers, a couple of which I touched on earlier.
May I suggest leaving the lawyering to the lawyers.
Sojourners: Christians for Justice and Peace
Yea yea.. I missed the legal disclaimer...
"You should always consult with an attorney"
How's that?
And as much as I hate to say it... Bobert does bring up a good point. A good employment attorney is cheap to retain when you consider the potential pitfalls. Note that I said an "employment" attorney. Many times, general business attorneys will provide some employment advice... but it is not their specialty. Similar to hiring a drywaller as a GC... they probably know the basics... but they are far from qualified to be a complete resource for all things "employment".
FWIW... if the employee quits or you fire him... I am attaching a termination form. DEFINITELY use this ANYTIME an employee leaves... it is the "official" record of "what and why" if it is ever needed.
NOTE... you must document the reasons either on the back of the form or attach a narrative of what happened and why... this just helps to organize it.
Oh.. what the hey... here are two forms for employee evaluation. One is simply a "short-form" evaluation for 90 day review... the other is a more comprehensive review, for annual reviews.
Communication is an imperative when looking to improve employee performance. This is one way to document that communication. FWIW, one of the most common reasons that employees leave is due to a lack of direction and expectations. Reviews are a good way to narrow that complaint window.
here are two forms for employee evaluation.
While we are on the topic, follow your own manual. Even if your "manual" is only a couple pages long, follow what it says. If you write down that the employee will be evaluated on a periodic basis, you better do so. The courts have been a a bit persnickety about "this applies to you, but not to me" management situations. The premise there being that if the employee has a responsibility to act per the guidelines in the manual, then management must also follow those guidelines. It's very hard to create one-way binding employment rules in at-will employment.
The earlier comment about following procedures with every and all employees cannot be restated enough. The modern litigious environment will not tolerate any favoritism, whether real or imagined (or implied, dreamt up, hallucinated, etc.)
Saw the other day where there is also a recommendation for changing the "causes" for termination, too. If you were, say, to find Malachi-Bob passed out under the running table saw with an empty fifth alongside--you reason for termination should not be for drunkenness or alcohol abuse. Those are ADA "protected" disabilities. Instead, you terminate M-B for "Creating a Workplace Hazard," that, specifically, no employees are to operate power tools while unconscious. (It also means you don't have to prove the employee was drunk or an alcoholic--very tricky after the fact.)
Ain't employment law Fun <g>?Occupational hazard of my occupation not being around (sorry Bubba)
I read through the advice given, and thought I'd through in some opinions drawn from many years in management in a large corporation.
1) Specificaly what you are looking for is a "Condition(s) of Employment" letter - you can do a search on that, but most proforma letters will probably be for sale, not for easy access.
2) Even if you have a detailed employee handbook and/or have done formal employee evaluations, IMHO you will still need this letter if you intend to fire someone.
3) The more specific the letter, the more weight it will carry: just stating they have to follow the rules will be a useless exhibit.
4) The letter should state:
- as discussed on several occassions, and give at least one example c/w a date.
- why this behavior has a negative impact on the performance of the business ('because I say so' is a weak argument).
- that this letter is being given to the employee along with a full verbal explanation of its contents and intent.
- "the last straw" - the specific event which triggered you to write this letter (e.g. on Dec 12, after several warnings, you were late again without adequate explanantion causing the following direct impacts)
- the scope of consequences, or escalating consequences (e.g. 1st time = docked pay, 2cnd time = fired with cause)
- time period during which this letter will be in force (you can't say forever, this has to be a 3 month to 12 month demonstration period during which the employee is expected to behave perfectly; if there is a repeat after this period, then you issue a new letter that basically says: next strike and you're out.)
NB, timeliness is a hard issue, incompetence (including poor tool selection) is much harder; and, as other have mentioned, you may have to handle that with a "Performance Improvement Program": a period of time when the employee is expected to rise to expectations, with your help.
Phill Giles
The Unionville Woodwright
Unionville, Ontario