Poor performance refers to the problem behaviors that are repeated over time, undermine the employee’s value to the organization and burden coworkers. Share examples of good work. Check the MOU for the job—it may have information on workload expectations. However, if using a progressive disciplinary system, employers should be careful to preserve the employee’s at-will status and reserve the right to not follow the progressive disciplinary system at is sole discretion. Establishing discipline procedures is critical to the effective enforcement of work rules. This section includes the right to representation and the state’s “Progressive Discipline” policy. Witnesses are sworn in, just like in court, and asked questions about events and documents. The Bazemore | Bazemore - Text Only (RTF) warning is a critical part of the counseling memo. The State uses a progressive discipline system when employees’ job performance is not successful. Annual Leave Comparison Chart. The State Civil Service Act requires notice of any adverse action against any state employee for any cause for discipline based on any civil service law to be served within 3 years after the cause for discipline, upon which the notice is based, first arose. The supervisor’s file is different from the employee’s Official Personnel File (OPF). 1. How can I help you get started? Progressive Discipline Process . The following are examples of discussions with an employee about performance problems, offered to get you thinking about how you might want to conduct the conversation. 2d 294 (W. Va. 2001) (college "should not have fired [tenured professor] before resorting to other progressive disciplinary measures" under West Virginia constitution). A department taking an adverse action will need to be able to describe what happened; who the witnesses were; when it happened; where it happened; and whether it was an isolated event or part of a continuing pattern. CalHR Grievance Procedure Under the Americans with Disabilities Act, CalHR Chief Deputy Director Adria Jenkins-Jones, CalHR Tribal Liaison and Tribal Consultation Policy, Public Announcements - January to June 2018, Public Announcements - July to December 2018, Business Service Assistant (Specialist) Examination, Appeal of Denial of Merit Salary Adjustment, Appeal of Layoff or Demotion in Lieu of Layoff, Request for Reinstatement after Automatic Resignation (AWOL), Request for Reinstatement after Automatic Resignation of Permanent Intermittent Employee (AWOL PI), Final Decisions on Appeal of Denial of Merit Salary Adjustment, CalHR Case Number 14-S-0106: Appeal of Denial of Merit Salary Adjustment, Final Decisions on Petition to Set Aside Resignation, CalHR Case Number 14-G-0055: Petition to Set Aside Resignation, Final Decisions on Request for Reinstatement After Automatic (AWOL) Resignation, CalHR Case Number 14-B-0132: Request for Reinstatement After Automatic (AWOL) Resignation, Unit 1 - Professional, Administrative, Financial, and Staff Services, Unit 3 - Professional Educators and Librarians, Unit 7 - Protective Services and Public Safety, Unit 11 - Engineering and Scientific Technicians, Unit 16 - Physicians, Dentists, and Podiatrists, Unit 19 - Health and Social Services/Professional, Unit 21 - Educational Consultant and Library, Calendars for Alternate Work Week Schedules, Basic Group Term Life Insurance - Excluded Employees, Basic Group Term Life Insurance for Excluded Employees Enrollment, COBRA (Consolidated Omnibus Budget Reconciliation Act), Dental Procedure Costs - Preferred Provider Option (PPO) Plans, Open Enrollment Frequently Asked Questions, Vacation vs. Sometimes even if the SPB finds that the conduct occurred, the SPB may impose a lesser penalty if the ALJ or the Board thinks the department failed to engage in progressive discipline. A critical element of the Corrective Phase is giving feedback and documenting employee performance. It is important that discipline is applied in a fair and consistent manner. Evidence of the fact that you engaged in progressive discipline is particularly important when you file a formal adverse action. By following these actions, you'll ensure that employees who are unable to unwilling to improve won't have the legal ammunition to fuel a lawsuit. The HR staff will write up the legal documentation if a Rejection is in order. An “adverse action” is a term of art that refers to the legal process the state employer follows to impose formal discipline on an employee and includes a penalty such as a formal letter of reprimand, a pay cut, a suspension, demotion or termination. Verbal warnings (usually 2-3 at the most). Every supervisor needs a basic understanding of how adverse actions happen, and what to expect from the process. Check with your HR office and review the employee’s MOU with your LR office in order to learn about the employee’s right to representation and how to handle the request. The Letter of Reprimand serves to carefully document the problem(s) and is often the first step in progressive discipline. If the employee has already been to training and the problem persists, you don’t have to repeat it, but document that you completed training options as part of the Corrective Phase. Explain department policies employees are expected to follow, and where to find those policies (on-line or in print?). But even where you don’t raise it, an employee who is in the Corrective Phase may bring up a personal or medical problem as a way of explaining performance problems. It looks like your browser does not have JavaScript enabled. “You’re always late” is never true, and undermines your credibility with your employees. To qualify as progressive discipline which can be utilized to support the penalty in an adverse action, a counseling memo must include an advisory referred to as a Bazemore warning. Then based on those facts, the ALJ will discuss the penalty and find it is either supported by the evidence and upheld it, or will modify it to some lesser penalty, or not sustain the penalty at all, meaning the department has not met its burden of proof and the adverse action will be nullified. Causes for Adverse Action, or Grounds for Adverse Action refers to the 24 reasons to take action found in Government Code Section 19572. 2. Set a good example. Progressive discipline is a method often used by managers/supervisors to provide notice to employees who are not meeting expected or communicated Research Foundation (RF) job performance standards, not behaving appropriately at work, or are not following RF policies and procedures. With any workplace policy, there are pros and cons, and progressive discipline is no exception. Enough time. The second category of problem behavior is “misconduct” -- meaning the employee does something that is contrary to the nature of the job or state rules. Use the resources available on the CalHR training page to help you think through both what you want to say and how you want to say it. The supervisor’s file (referred to by some as a “drop file”) is the record that you keep on the employee’s work and it stays with you even when the employee moves on to another job. Avoid joking or trying to “break” the tension; it’s a tense situation, and the best way to handle these types of conversations is to be clear, focused, and fair. Your notes of any meetings or phone calls with others about the employee’s performance | performance - Text Only (RTF). Disciplining employees is one of the tasks human resource management (HRM) handles. Search by Keyword or Citation; Search by Keyword or Citation. Again, just the facts, please. The supervisor’s file is also your record that you have followed the rules and performed your duties as a supervisor properly. Progressive discipline is a multi-step process. So again, always consult with your HR staff and/or the LR office to make sure you understand any MOU guidelines that apply to that employee’s rights. A “Statement of Causes” which lists the grounds for the adverse action, referring to subsections of Government Code Section 19572. This premium content is for our members. Does this employee have a “Right to Representation” in a counseling meeting? Preventive (Informal) 2. Privacy - if you don’t have a private office, find a private room to use for the meeting. Stick with the facts. Progressive discipline is an employee disciplinary system that provides a graduated range of responses to employee performance or conduct problems. Speculation about what might be causing the problem behavior or what could be motivating the employee. For more information about the hearing process and requirements, refer to the SPB's Appeals Resource Guide. Most departments have a form | form - Text Only (RTF)for this purpose. Your supervisor’s file now includes documentation that you took prompt and appropriate action to ensure that the complaint was addressed by the appropriate authorities. The Notice of Adverse Action has to be served on the employee at least five working days before it is effective and the employee must be given the opportunity to have a “Skelly” hearing during that time. What are the information and physical plan security requirements in the department? Again, consult with your HR or LR staff. ATO or Administrative Time Off | ATO or Administrative Time Off - Text Only (RTF)applies when an employee is placed on paid leave pending a possible adverse action. Corrective feedback and adverse actions can be based on either poor performance or actual misconduct. Special rules apply to some job classifications, especially peace officers, firefighters, Emergency Medical Technicians, and paramedics. Expiration Date: NA. If the atmosphere is too charged, set a time to get back together. Document their suggestions and try to find common ground. The department will also offer proof that the penalty chosen is appropriate to the problem. Normal steps in progressive discipline include preventive, corrective, and adverse actions. The SPB encourages the parties to settle by reaching a compromise. After the hearing, the ALJ will draft a “Proposed Decision,” which will be reviewed by the full, five member board of SPB. Don’t include anything that you wouldn’t feel comfortable having the employee read or have used as evidence in a hearing. (Some departments require the employee to sign). Historical context. Formal investigations may be conducted by an employee in your department, an employee from another department, a member of the California Highway Patrol, an investigator from CalHR, or even an attorney with a private law firm. Again, consult with your HR or LR staff. The time limits on probationary periods and the statute of limitations on adverse actions, among other requirements, require you to stay on top of problems and address them directly, simply, and quickly. And, again, discuss your options and how to approach the problem with your HR staff and your supervisor, especially if you have addressed this or a similar problem with this employee before. There is a potential for progressive discipline There is a potential for progressive discipline If the employee’s work history is mostly in the private sector, ask your HR office to help you devise a consent form that will cover private employment as well. Review your expectations for employees in your unit and this job in particular. Employees are eligible for a Merit Salary Adjustment (MSA) (usually a 5% raise) until their salary has reached the maximum step of the salary range. This Guide focuses on “poor performance” -- meaning employees who complete the job requirements in a substandard way or complete some particular aspect of the job poorly. This observation can foster trust and patience if an employee’s failures are causing extra work for his or her coworkers. The time and effort you put into the "onboarding" process can pay off in increased employee morale and productivity. Use numbers and examples. Either the department or the employee can appeal to a California Superior Court by filing a “Writ of Administrative Mandamus.”  The Superior Court will not hold a new hearing, but instead will review the record of the SPB hearing and review the exhibits to make sure the evidence supports the final decision. Explain how the employee’s performance is affecting coworkers and the organization in general. These are all well intended questions but these types of questions might later cause that employee to accuse you of violating his or her leave rights or other laws protecting against discrimination and the employee's privacy. When an employee is on probation | probation - Text Only (RTF), supervisors must evaluate employees with formal reports on three separate occasions. Issuing a write up to an employee is a way to correct poor behavior or performance. Don’t get personal. Your HR office can tell you what the probationary period will be for the job and when reports are due. For example, if your employee tells you that he believes that a coworker is harassing him, you have a duty to forward that information to the Equal Employment Opportunity (EEO) Officer in your department. Since then the Guide has … How do your employees get your attention? Put in practical terms, if simple verbal counseling with the employee doesn’t result in the desired improvement, the next step in progressive discipline is a counseling memorandum (counseling memo), sometimes referred to as a Letter of Correction. Transportation Industry Drug and Alcohol Testing, Drug- and Alcohol-Free Workplace Policies, Documenting Heat Illness Prevention Procedures, Recognizing Conditions That Create Heat Illness, Recording and Reporting Incidents of Workplace Violence, Understand the Warning Signs and Risk Factors for Workplace Violence, Industry-Specific Workplace Violence Requirements, Factors That Increase The Risk Of Workplace Violence, Workers' Compensation Benefits and Administration, Employers Covered by Workers' Compensation, Workers' Compensation Coverage Agreements Between Employers, Employees Covered By Workers' Compensation. These step could include verbal warnings, written warnings, probation, suspension, and terminations. .” or “I know you’ve been sick for a while now, but . Do not try to determine how best to accommodate an employee with a disability without obtaining assistance from appropriate staff who are trained in this area. The intent of progressive discipline is to help employees correct their issue(s) and become successful and productive. Physical discipline, by our definition, comes in three forms. Stick to the facts about the quality and quantity of the employee’s work product. A duty statement for the job, with notes about any performance discussions you have with the employee. 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