TAKING A PROACTIVE TAKING A PROACTIVE APPROACH TO EMPLOYEE APPROACH TO EMPLOYEE

DISCIPLINEDISCIPLINEThomas R. MaloneyThomas R. Maloney

306 Warren Hall306 Warren HallCornell UniversityCornell UniversityIthaca, NY 14853Ithaca, NY 14853Tel: 607-2551628Tel: 607-2551628

Email: Email: trm5@cornell.edutrm5@cornell.edu

People in Ag People in Ag WebinarWebinar

July 16, 2008July 16, 2008

PERFORMANCE MANAGEMENT PERFORMANCE MANAGEMENT AND DISCIPLINE ARE CLOSELY AND DISCIPLINE ARE CLOSELY

TIEDTIED

PERFORMANCE MANAGEMENT:PERFORMANCE MANAGEMENT:

The daily process of working toward The daily process of working toward previously established performance previously established performance expectations followed by a formal or expectations followed by a formal or

informal evaluationinformal evaluation

BUSINESS DIRECTION

GOALS

PERFORMANCEEXPECTATIONS

APPRAISAL

COACHING AND FEEDBACK

Continuous feedback is the key Continuous feedback is the key to performance managementto performance management

Performance related issues are Performance related issues are different from blatant disregard different from blatant disregard

for the rules or the lawfor the rules or the law

PERFORMANCE RELATED PERFORMANCE RELATED ISSUESISSUES

Poor qualityPoor quality

Poor productivityPoor productivity

Poor attendancePoor attendance

Ineffective interpersonal relationshipsIneffective interpersonal relationships

BREAKING RULES OR LAWSBREAKING RULES OR LAWS

TheftTheft

Drugs in the workplaceDrugs in the workplace

Sexual harassmentSexual harassment

Working under the influence of alcohol Working under the influence of alcohol

WHAT IS THE PURPOSE OF WHAT IS THE PURPOSE OF DISCIPLINE?DISCIPLINE?

Either the employer or the Either the employer or the employee can terminate the employee can terminate the

relationship at any time for any relationship at any time for any reasonreason

“AT WILL” EMPLOYMENT

Given that many states are at Given that many states are at will employment states why is will employment states why is

there such a great fear of there such a great fear of discharging an employee?discharging an employee?

TWO EVENTS HAVE ERODED TWO EVENTS HAVE ERODED “AT WILL” EMPLOYMENT“AT WILL” EMPLOYMENT

1.1. An increase in protective legislationAn increase in protective legislation

2.2. The concept of an implied contract for:The concept of an implied contract for:Long term employmentLong term employment

Termination only for a good causeTermination only for a good cause

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

documentationdocumentation

PROGRESSIVE EMPLOYEE PROGRESSIVE EMPLOYEE DISCIPLINE STRATEGIESDISCIPLINE STRATEGIES

PROGRESSIVE DICIPLINE PROGRESSIVE DICIPLINE DEFINEDDEFINED

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

THE PROGRESSIVE DISCIPLINE THE PROGRESSIVE DISCIPLINE APPROACHAPPROACH

CoachingCoaching

Verbal warningVerbal warning

Written warning Written warning

TerminationTermination

Some discipline approaches use Some discipline approaches use a decision making leave daya decision making leave day

Much of the current discipline Much of the current discipline literature emphasizes literature emphasizes

documentationdocumentation

THE KEY COMPONENTS FOR THE KEY COMPONENTS FOR DOCUMENTING DISCIPINEDOCUMENTING DISCIPINE

The E FOSA + SystemThe E FOSA + System

E-FOSA +E-FOSA +

EExpectationsxpectations

FFacts (What, When, Where, Where)acts (What, When, Where, Where)OObjectives (Define Expectations)bjectives (Define Expectations)SSolutions (Methods to Improve Performance)olutions (Methods to Improve Performance)AAction (Consequences) ction (Consequences)

++ create opportunities for employee to succeed create opportunities for employee to succeed

Source: Paterson & Debleax, Documenting Discipline, Fourth EditionSource: Paterson & Debleax, Documenting Discipline, Fourth Edition

THREE PRACTICAL BOOKSTHREE PRACTICAL BOOKS

The Progressive Discipline Handbook by The Progressive Discipline Handbook by Margerie Mader-Clark and Lisa GuerinMargerie Mader-Clark and Lisa Guerin

Documenting Discipline, Fourth Edition by Documenting Discipline, Fourth Edition by Lee T. Paterson and Mike DeblieuxLee T. Paterson and Mike Deblieux

101 Sample Write Ups for Documenting 101 Sample Write Ups for Documenting Employee Performance Problems by Paul Employee Performance Problems by Paul Falcone Falcone