Posts filed under ‘7. Discipline and Conflict Resolution’

Discipline

Discipline

Transition Projects is an at-will employer. Employees are hired for an indefinite period and may resign or be terminated without cause or notice at any time.

Our goal is to overcome performance deficiencies and to correct violations of policies and workplace rules. Each deficiency or violation involves a different mix of circumstances and complexities, and may require varying degrees of corrective or disciplinary action. The measures below do not represent an inflexible hierarchy. Any of the actions or combinations of actions below may be used to address a performance problem. These corrective actions need not be used in the following order.

  1. Counseling.
    Counseling is any discussion with an employee designated to help the employee identify and remedy performance deficiencies or violations of policy or workplace rules before more severe disciplinary measures are implemented. “Counseling” is a disciplinary action. It is not to be confused with “coaching”, which is a training and development action. Counseling will be used whenever possible before taking more formal action. It may be used as often as is prudent. Supervisors are to make informal notes of counseling sessions and to maintain these notes in their supervisory files. The dates and subjects of counseling may be referenced in subsequent more severe disciplinary actions.

  2. Verbal Notice.
    A verbal notice is a notice to the employee that his/her behavior or performance must be improved immediately. It defines the areas where improvement is needed, sets performance goals and/or deadlines, and informs the employee that failure to improve may result in more serious action. The supervisor shall record the date and content of all verbal notices. Both the employee and the supervisor must sign these notes. They will be held initially in the supervisor’s files. They will be forwarded for enclosure in personnel files only if there are subsequent, more severe disciplinary measures relating to the same deficiency or violation.

    Neither counseling nor verbal notice are suitable remedies for deficiencies or violations which abuse or endanger staff, clients, or the agency; for criminal conduct; or for egregious ethical violations.

  3. Written Notice.
    Written notice is the minimal suitable disciplinary measure for acts, omissions, performance deficiencies, or policy violations that jeopardize the safety or well-being of clients, other employees or the agency. This measure is also suitable for repeated instances of misconduct which counseling and verbal notice have not remediated.

    A written notice is a formal notice that performance or behavior must be improved immediately. It can be used in conjunction with a written plan for improvement in the employee’s behavior. Both the supervisor and the employee will sign and date the written notice. A copy of the written notice will be given to the employee. Another copy will be forwarded for enclosure in the employee’s personnel file. The employee may rebut the notice in writing. The rebuttal will be place in the personnel file with the notice.

  4. Probation.
    Probation defines a period during which or a date by which an employee must show improvement in job performance. If the employee does not meet the terms of the probation, dismissal from employment at Transitions Projects will result. The probationary period may not exceed three months. The supervisor must prepare a written notice describing the cause for the probationary status, an objective means of determining the necessary improvement in the employee’s performance, and a deadline for making such improvements. The Executive Director must approve the probation before it is implemented. The probation notice will be formal notification to the employee of pending dismissal from employment at Transition Projects. The notice must be signed by the employee and supervisor to acknowledge receipt. Refusal of the employee to sign the notice can result in immediate termination The employee will be provided one copy of the signed notice. A second copy will be forwarded for placement in the employee’s personnel file. If the conditions of probation are satisfactorily met, this will be documented in writing and signed by the supervisor. One copy will be provided the employee. A second copy will be forwarded for placement in the employee’s personnel file.

  5. Suspension.
    Suspension is temporarily removing an employee from his/her duties without pay for a period of up to two weeks. Only the Executive Director or his/her designee can implement a suspension. A written notice of suspension must be prepared, signed by the Executive Director or his/her designee, and a copy provided to the employee, with another copy forwarded for enclosure in the employee’s personnel file.

    An employee may be suspended without pay either as a disciplinary action or to allow the Executive Director or his/her designee to conduct an investigation of serious misconduct. If it is found that the employee is free of misconduct, the employee will be reinstated and receive payment for lost wages. If the employee has acted improperly, the Executive Director will take the appropriate disciplinary action.

  6. Dismissal from Employment.
    The Executive Director may dismiss an employee at any time. Employees in trail period may be terminated with or without cause. The just cause provisions of the Collective Bargaining Agreement apply when disciplinary actions involve Union personnel.

    Employees are subject to dismissal for any deficiency or violation of workplace policy that seriously endangers clients, other employees or the agency, or for continuing deficient performance or violation of workplace policies for which written notice and/or suspension have been implemented. Employees may also be terminated for habitual deficiencies and/or violations of workplace policies. If the employee receives notice of a dismissal orally, a written statement of dismissal will be mailed to the employee’s address on file within 24 hours of the oral notice. The Executive Director may choose to provide the employee with a written notice of dismissal at the time of the termination.

Conflict Resolution Procedure

Conflict Resolution Procedure

  1. This procedure is intended for general conflict resolution. Employees must use this procedure. Employees wishing to proceed must comply with all aspects of this procedure. Failure to do so will forfeit the employee’s right to any further consideration of the complaint by the Agency or by any court.

    There are alternative procedures available to resolve allegations of unlawful discrimination or of harassment. They are outlined in the sections of this handbook discussing discrimination and harassment.

  2. The Procedure.
    All actions filed by Transition Projects employees under this Procedure are treated confidentially. An employee having a complaint or question relating to wages, hours or working conditions (including termination of employment or any other discipline, any aspect of the job, an employee’s relationship with the agency or a coworker, etc.), or the interpretation of any of the provisions of this Handbook or any of the agency’s policies or rules, must follow these procedures:

    STEP 1: Discuss the problem with your immediate supervisor. You must discuss the problem with your supervisor within ten calendar days of the occurrence of the complaint or problem (or when you knew or should have known of its occurrence). If you are supervised by the Executive Director, skip step 1.

    STEP 2: If you are not satisfied with your supervisor’s response, refer your written complaint to the Executive Director with copies to your immediate supervisor. Within seven working days of receiving a written request for further consideration of the complaint, the Executive Director will schedule a conference with the aggrieved employee. Within five working days of the conference, the Executive Director will provide a response to the aggrieved employee with a copy to the program manager.

    STEP 3: If you are not satisfied with the response at Step 2, or if your complaint is against the Executive Director, you may refer your complaint to the Board of Directors by making a written request within ten calendar days of receiving a Step 2 response. If you do not make a written request within ten calendar days, your right to further consideration is forfeited.

    The Board must review the complaint and hear discussion of it within fifteen working days of receipt of the written complaint. All parties in the hearing/discussion process may have legal counsel and if meetings between the parties are held, legal counsel may be present.

    The Board will rule only on whether the Executive Director’s actions or resolution is consistent with the Personnel Policies. If so, no further action will be taken. If the action or ruling was inconsistent with established Personnel Policies, the Executive Director will be directed to resolve the matter within the established policies. If so directed, the Executive Director will provide the Board the revised resolution within ten working days. If the Board accepts the new resolution, they will inform all involved parties in writing within ten working days. This resolution will be binding.

  3. Final and Binding Effect.
    Our answer at any step is final and binding on all of us unless the matter is appealed to the next step within the time limits. Our Board of Directors’ answer at Step 3 will be similarly final and binding.

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