EMPLOYEE RELATIONS

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EMPLOYEE RELATIONS
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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.

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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

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The Marginal Employee

• Most difficult to address
• Job performance below acceptable level
• Requires more supervisory time
• Supervisor thinks employee will improve but
  doesnt
• Always has an excuse

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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

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The Process
Verbal
Written
2nd Written or Suspension
Investigative (Optional)
Dismissal
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Reasons We Dont Document

• It makes us uncomfortable
• Its time consuming
• We visualize angry employees
• We fear confrontational meetings
• We want to be liked
• We think or hope it will go away
• Were unsure of what to do and how to do it.

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Communication Tools

• 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

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Counseling vs. Discipline

• Counseling
• Face-to-face communication
• Conducted by supervisor
• Usually, first form of action

• Discipline
• Penalization
• Conducted by Human Resources
• Typically, second form of action

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General Rules for Disciplinary Procedures

• Enforcing Rules Protects Employees and Employers
• Dont 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
• Dont look the other way.
• Are you treating them differently from other
  employees?
• Act Legally
• Make the discipline promptDont wait!
• Document, document, document.
• Would a reasonable person feel that the
  punishment fits the crime?

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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.

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Informal Counseling

• Intended to correct a performance problem by
  bringing it to the employees 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

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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

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The Counseling ProcessAfter 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

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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

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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 employees
  signature

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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

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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

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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 employees file

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Guidelines on How to Say It
Avoid Soft Language More Direct Statements
I suggest you try School board policy states
Please consider Administrative guidelines require you to
I would appreciate it if you Federal regulations require
It would be helpful to I expect you to You are expected to
You may want to try You are directed to
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Suspension or Termination

• Dont 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 youve followed policy
• Have proper documentation to support action
• Follow an exit procedure
• Inform employee of grievance process

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The Termination Meeting, Dos 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.

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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!

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Credits

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