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DISCIPLINE w/o PUNISHMENT!!

     DISCIPLINE DOESN’T
        HAVE TO HURT !!




                              Presented by
           Glenn Powell, Executive Director
                         Human Resources
                  Lone Star College System
POSITIVE DISCIPLINE



     BUILDING
         SUPERIOR PERFORMANCE
          THROUGH
             COACHING AND
                   FORMAL
                      DISCIPLINARY
                        ACTION
Consequences of Punishment



Action        Undesired Employee Behavior


Response               Punishment

Short Term    Decrease in Undesired Behavior

Long Term
             Anger      Apathy        Absence
Building Superior Performance




   Supervisors are    Most Valuable Supervisor
   the single most
   important factor
   in the performance
   of their employees
“Good” Neighbors


You have a neighbor with a dog. You’ve got a problem.
  Instead of keeping the dog tied up on inside the fence, he
  lets the dog run free.

Kids are afraid to play outside, your flower garden is dug
  up, the mail carrier won’t deliver your mail because he’s
  afraid of the dog, and you are getting just a little tired of
  tracking doggy souvenirs onto the carpet in your house.

What do you do?
Two Goals:

1. Get the dog tied up
2. Stay on good terms with
  your neighbor
BEFORE THE MEETING
1. What is the desired
   performance?
2. What is the actual
   performance?
3. Good business
   reasons for solving
   the problems.
4. Consequences if
   problem continues.
5. What is the
   appropriate action
   to take.
DURING THE MEETING
1. Listen to what the
   employee has to
   say.
2. Gain the
   employee’s
   agreement to
   change.
3. Insist on an
   employee driven
   action plan (for
   performance
   issues).
4. Let employee know
   where he stands.
AFTER THE MEETING

  1. Document the
    discussion, not
    the discipline
    form.
  2.Follow Up to
    make sure the
    problem has
    been solved.
Traditional Progressive Discipline


                INFORMAL TRANSACTIONS
                 Coaching and Counseling

        FORMAL DISCIPLINARY TRANSACTIONS
       Step 1       Verbal Reprimand
       Step 2       Written Warning
       Step 3       Suspension w/o Pay /
                   Probation / Final Warning
       Step 4       Termination
Why Traditional Discipline
                Doesn’t Work


Because it …
     Is outdated, adversarial method.
     Makes the supervisor the bad guy.
     Is not a corrective process.
     Simply demands too little from the employee.
POSITIVE DISCIPLINE SYSTEM

Objectives of supervisor’s
  discussion:

To communicate:

1.   Company’s expectations
2.   Employee’s personal
     responsibility
DISCIPLINE W/O PUNISHMENT APPROACH


              INFORMAL DISCUSSIONS
                  CoachingContact
                  Positive Session


          FORMAL DISCIPLINARY DISCUSSIONS

        Level 1   Oral Reminder
        Level 2   Written Reminder
        Level 3   Decision Making Leave /
                  Final Discussion

                    TERMINATION
Purpose of Discipline

Discipline is not something we DO to bad
   performers for misbehavior.

Rather, it’s something we CREATE and
  MAINTAIN for all employees because
  they deserve to work in a safe,
  professional and productive
  environment.
Module I:



       Employment
       Practices
Between a Hard Rock and Stoney place
•   In July 2002, National Oilwell Varco hired Stoney Ruffnec as a field
    service tech. Twelve months later, he was promoted to a lead tech
    position. In all of his formal evaluations, he was assessed as a
    “superior” employee -- “ten out of ten stars”.

•   In July 2003, Stoney hurt his back at work, and was out for 3
    months. He was released by his physician on restricted duty for an
    “indefinite period”. His supervisor, Shorty Overburden reluctantly
    followed the instructions from the worker compensation carrier
    and designed a job for Stoney on dayshift rather than afternoons--
    his regular shift -- to better monitor his compliance with the
    doctor’s orders.
Hard Rock (cont’d)


• In July, 2004, after nine months on
  restricted duty and numerous
  complaints from co-workers about
  his not doing the job, Ruffnec was
  demoted back to technician, but Mr.
  Overburden chose not to reduce his
  pay. Eight weeks later, he was fired.
Hard Rock (cont’d)
Ruffnec sued the company, claiming he was
   wrongfully demoted and fired, and had suffered
   illegally discrimination due to his religion and his
   disability.
The company claimed it bumped him back to the tech
   position because of poor performance; he was let
   go because of three incidents in the month before
   his discharge. Those incidents were …
    (1) failing to follow safety rules,
    (2) not maintaining his service logs, and
    (3) missing 5 days of work in the final two
    weeks due to some type of
    “religious observance”.
Situation No. 2

Scenario #1
• Mary is a receptionist who has been with you for five
  years. She has had one counseling session for
  arriving to work late, but that was over one year ago
  and the problem disappeared after the counseling
  session. You have heard rumors that Mary is going
  through a divorce. You happen to come back from
  lunch at the same time as Mary and share the
  elevator with her. You smell alcohol on her breath
  and cigarette smoke on her clothes. You are
  immediately concerned.
Scenario #1 (con’d)


You come to the conclusion, just by your own observations, that Mary
   spent her lunch hour drinking in a bar. You then watch Mary walk
   off the elevator and back to her workstation, where she stumbles
   into her desk and knocks a $5000 (Mac) computer to the ground.



How do you handle the situation?
Issues Raised in Scenario #1
•   Should you send Mary home for destruction of property?
•   Should you send Mary home because you smelled alcohol?
•   Should you call a taxi or security?
•   To whom do you turn for assistance?
•   How do you handle the discipline issue?
•   What is the affect of the prior
         counseling session?
•   What is the employee
         assistance program?
Module II:


Discipline and
Dismissal



                 22
What Outside Agencies and Juries Will Consider

•   Clear
    communications of
    performance
    expectations
•   Documentation
•   Performance
    appraisals /
    Feedback
•   Complete
    investigation
•   Was the company’s
    policy followed
•   Consistency
Questions to Ask Before Implementing Formal
Discipline
•   Did the employee clearly understand the rule or policy
    that was violated?
• Did the employee know in advance such conduct would
    be subject to disciplinary action?
• Was the rule that was violated reasonably related to the
    safe, efficient, and orderly operation of the
    organization?
• Is there substantial evidence that the employee did
    actually violate the rule?
• Is the disciplinary action reasonably related to:
  a. Seriousness of the offence
 b. Employee’s record with the organization
c. Action taken with others committing similar of offences
Top 4 Things Plaintiff’s Lawyers Hate



You responded, and made an immediate, appropriate, and
 adequate investigation.
You fixed the problem, and the negative conduct stopped.
You took corrective action and disciplined the bad actor, as
 appropriate.
You tried to make it right (changed offices, reporting
 relationships, shifts, etc).




                                                                25
DOCUMENTATION




1. Describe the PROBLEM
2. Describe the HISTORY
3. Describe the DISCUSSION
DESCRIBE THE PROBLEM


Use facts and specifics, not
generalities or judgments




Compare actual to desire
    performance




Describe the good business
 or organizational reasons
   (the impact) why the
problem must be resolved
DESCRIBE THE PROBLEM



•   Use facts and specifics, not generalities or judgments
•   Compare actual to desire performance
•   Describe the good business or organizational reasons (the
    impact) why the problem must be resolved
DESCRIBE THE DISCUSSION




Indicate the date, time and      Record the specific    Reflect the employee’s
      location of the         comments and statements   agreement to change.
       conversation.           made by the employee.
Ruffnec Critical Incident Report
   Date            Type of Incident                     Documentation      Details of Incident


   01/25/12   Verbal altercation with co-workers   Email to employee    Discussed the confrontation with S.
                                                                        Jones. Ruffnec indicated that it
                                                                        wasn't his fault and that he was just
                                                                        trying to solicit information from
                                                                        Jones so he could finish his service
                                                                        logs. Ruffnec was instructed to use
                                                                        the chain of command when it
                                                                        becomes apparent that another
                                                                        employee is not cooperating. Told
                                                                        Ruffnec that yelling at another
                                                                        employee is unacceptable behavior.
   05/05/12   Meeting with Supervisor, HRM,        Email to employee
              Employee




   06/29/12   Failure to complete task             Supervisor notes




   08/09/12   Late report                          Email to Employee
Email Madness

1.Use extreme caution with your e-mail
  practices.
2.Remember with e-mails you can have more
  than one person holding onto those records.
3.Be careful before you hit that “send” button
  to be sure that you are sending e-mail
  messages to the intended person(s).
4.Some e-mail communications may be
  considered ‘official documentation’ of what
  is communicated.
5.Employee health information is private and
  protected by law.
Positive performance mgmt   vb - r

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Positive performance mgmt vb - r

  • 1. DISCIPLINE w/o PUNISHMENT!! DISCIPLINE DOESN’T HAVE TO HURT !! Presented by Glenn Powell, Executive Director Human Resources Lone Star College System
  • 2. POSITIVE DISCIPLINE BUILDING SUPERIOR PERFORMANCE THROUGH COACHING AND FORMAL DISCIPLINARY ACTION
  • 3. Consequences of Punishment Action Undesired Employee Behavior Response Punishment Short Term Decrease in Undesired Behavior Long Term Anger Apathy Absence
  • 4. Building Superior Performance Supervisors are Most Valuable Supervisor the single most important factor in the performance of their employees
  • 5. “Good” Neighbors You have a neighbor with a dog. You’ve got a problem. Instead of keeping the dog tied up on inside the fence, he lets the dog run free. Kids are afraid to play outside, your flower garden is dug up, the mail carrier won’t deliver your mail because he’s afraid of the dog, and you are getting just a little tired of tracking doggy souvenirs onto the carpet in your house. What do you do?
  • 6. Two Goals: 1. Get the dog tied up 2. Stay on good terms with your neighbor
  • 7. BEFORE THE MEETING 1. What is the desired performance? 2. What is the actual performance? 3. Good business reasons for solving the problems. 4. Consequences if problem continues. 5. What is the appropriate action to take.
  • 8. DURING THE MEETING 1. Listen to what the employee has to say. 2. Gain the employee’s agreement to change. 3. Insist on an employee driven action plan (for performance issues). 4. Let employee know where he stands.
  • 9. AFTER THE MEETING 1. Document the discussion, not the discipline form. 2.Follow Up to make sure the problem has been solved.
  • 10. Traditional Progressive Discipline INFORMAL TRANSACTIONS Coaching and Counseling FORMAL DISCIPLINARY TRANSACTIONS Step 1 Verbal Reprimand Step 2 Written Warning Step 3 Suspension w/o Pay / Probation / Final Warning Step 4 Termination
  • 11. Why Traditional Discipline Doesn’t Work Because it …  Is outdated, adversarial method.  Makes the supervisor the bad guy.  Is not a corrective process.  Simply demands too little from the employee.
  • 12. POSITIVE DISCIPLINE SYSTEM Objectives of supervisor’s discussion: To communicate: 1. Company’s expectations 2. Employee’s personal responsibility
  • 13. DISCIPLINE W/O PUNISHMENT APPROACH INFORMAL DISCUSSIONS CoachingContact Positive Session FORMAL DISCIPLINARY DISCUSSIONS Level 1 Oral Reminder Level 2 Written Reminder Level 3 Decision Making Leave / Final Discussion TERMINATION
  • 14. Purpose of Discipline Discipline is not something we DO to bad performers for misbehavior. Rather, it’s something we CREATE and MAINTAIN for all employees because they deserve to work in a safe, professional and productive environment.
  • 15. Module I: Employment Practices
  • 16. Between a Hard Rock and Stoney place • In July 2002, National Oilwell Varco hired Stoney Ruffnec as a field service tech. Twelve months later, he was promoted to a lead tech position. In all of his formal evaluations, he was assessed as a “superior” employee -- “ten out of ten stars”. • In July 2003, Stoney hurt his back at work, and was out for 3 months. He was released by his physician on restricted duty for an “indefinite period”. His supervisor, Shorty Overburden reluctantly followed the instructions from the worker compensation carrier and designed a job for Stoney on dayshift rather than afternoons-- his regular shift -- to better monitor his compliance with the doctor’s orders.
  • 17. Hard Rock (cont’d) • In July, 2004, after nine months on restricted duty and numerous complaints from co-workers about his not doing the job, Ruffnec was demoted back to technician, but Mr. Overburden chose not to reduce his pay. Eight weeks later, he was fired.
  • 18. Hard Rock (cont’d) Ruffnec sued the company, claiming he was wrongfully demoted and fired, and had suffered illegally discrimination due to his religion and his disability. The company claimed it bumped him back to the tech position because of poor performance; he was let go because of three incidents in the month before his discharge. Those incidents were … (1) failing to follow safety rules, (2) not maintaining his service logs, and (3) missing 5 days of work in the final two weeks due to some type of “religious observance”.
  • 19. Situation No. 2 Scenario #1 • Mary is a receptionist who has been with you for five years. She has had one counseling session for arriving to work late, but that was over one year ago and the problem disappeared after the counseling session. You have heard rumors that Mary is going through a divorce. You happen to come back from lunch at the same time as Mary and share the elevator with her. You smell alcohol on her breath and cigarette smoke on her clothes. You are immediately concerned.
  • 20. Scenario #1 (con’d) You come to the conclusion, just by your own observations, that Mary spent her lunch hour drinking in a bar. You then watch Mary walk off the elevator and back to her workstation, where she stumbles into her desk and knocks a $5000 (Mac) computer to the ground. How do you handle the situation?
  • 21. Issues Raised in Scenario #1 • Should you send Mary home for destruction of property? • Should you send Mary home because you smelled alcohol? • Should you call a taxi or security? • To whom do you turn for assistance? • How do you handle the discipline issue? • What is the affect of the prior counseling session? • What is the employee assistance program?
  • 23. What Outside Agencies and Juries Will Consider • Clear communications of performance expectations • Documentation • Performance appraisals / Feedback • Complete investigation • Was the company’s policy followed • Consistency
  • 24. Questions to Ask Before Implementing Formal Discipline • Did the employee clearly understand the rule or policy that was violated? • Did the employee know in advance such conduct would be subject to disciplinary action? • Was the rule that was violated reasonably related to the safe, efficient, and orderly operation of the organization? • Is there substantial evidence that the employee did actually violate the rule? • Is the disciplinary action reasonably related to: a. Seriousness of the offence b. Employee’s record with the organization c. Action taken with others committing similar of offences
  • 25. Top 4 Things Plaintiff’s Lawyers Hate You responded, and made an immediate, appropriate, and adequate investigation. You fixed the problem, and the negative conduct stopped. You took corrective action and disciplined the bad actor, as appropriate. You tried to make it right (changed offices, reporting relationships, shifts, etc). 25
  • 26. DOCUMENTATION 1. Describe the PROBLEM 2. Describe the HISTORY 3. Describe the DISCUSSION
  • 27. DESCRIBE THE PROBLEM Use facts and specifics, not generalities or judgments Compare actual to desire performance Describe the good business or organizational reasons (the impact) why the problem must be resolved
  • 28. DESCRIBE THE PROBLEM • Use facts and specifics, not generalities or judgments • Compare actual to desire performance • Describe the good business or organizational reasons (the impact) why the problem must be resolved
  • 29. DESCRIBE THE DISCUSSION Indicate the date, time and Record the specific Reflect the employee’s location of the comments and statements agreement to change. conversation. made by the employee.
  • 30. Ruffnec Critical Incident Report Date Type of Incident Documentation Details of Incident 01/25/12 Verbal altercation with co-workers Email to employee Discussed the confrontation with S. Jones. Ruffnec indicated that it wasn't his fault and that he was just trying to solicit information from Jones so he could finish his service logs. Ruffnec was instructed to use the chain of command when it becomes apparent that another employee is not cooperating. Told Ruffnec that yelling at another employee is unacceptable behavior. 05/05/12 Meeting with Supervisor, HRM, Email to employee Employee 06/29/12 Failure to complete task Supervisor notes 08/09/12 Late report Email to Employee
  • 31. Email Madness 1.Use extreme caution with your e-mail practices. 2.Remember with e-mails you can have more than one person holding onto those records. 3.Be careful before you hit that “send” button to be sure that you are sending e-mail messages to the intended person(s). 4.Some e-mail communications may be considered ‘official documentation’ of what is communicated. 5.Employee health information is private and protected by law.

Notas del editor

  1. It's an outdated, adversarial method.The traditional progressive-discipline system was concocted by unions. As a result, the approach reflects the adversarial, labor-vs.-management assumptions that prevailed in those hostile times. No other personnel system reflects the antagonistic tassumption that employees and managers are adversaries. It makes the supervisor the bad guy. Most supervisors hate having to take disciplinary action. With its criminal-justice mentality, the system makes the supervisor feel like he's in the wrong. Managers often wait to confront people problems until a nuisance has become a crisis. They face an almost impossible conflict: On the one hand, we ask them to be leaders, teachers, coaches. On the other, we require them to be the dispenser of punishments. No wonder they dawdle and tarry when discipline problems arise. The traditional system is not a corrective process. **Organizations often discover that their supervisors don't see their discipline procedure as a corrective device. To them, it's the procedure they must follow to generate enough paperwork to justify discharge once they've decided that an employee's termination is in order: They view the steps of the discipline system merely as the hoops put up by Personnel for them to jump through in order to effect a problem employee's firing. As a result, they don't even begin the discipline process until they have given up hope of ever correcting the problem. The traditional approach simply asks too little. The progressive-discipline approach is certainly unpleasant. It breeds resentment and hostility. But the system is flawed by more than just its exclusive reliance on punishment: It is insufficiently demanding. Punishment-warnings, reprimands, suspensions without pay -- seems like a tough way of assuring compliance with organizational standards. If someone fails to meet expectations, we punish that individual until he complies. But compliance is all that the traditional system can produce. We can punish people into compliance; we cannot punish them into commitment.
  2. Promotion implies she was doing a good job.“Superior” job evaluationWhy was she brought back when she couldn’t do her regular job.
  3. Why specifically was he demoted back to receptionist position, and why didn’t they reduce his pay. Why was he fired.
  4. What issues or liabilities do you think the company has in its determination of Topsoil.
  5. Go the the Introduction section: list of mandatory policiesLegally required.On the web: References
  6. Use extreme caution with your e-mail practices. Be careful what you put into writing. Words in an e-mail can be easily misinterpreted.Check for any applicable state and/or federal laws for retention requirements for e-mails. You will want to develop a retention policy while keeping in mind that you will apply it in a consistent manner.Remember with e-mails you can have more than one person holding onto those records. For example, when two (or possibly more) people engage in extended e-mail ‘conversations,’ as messages going back and forth, you can have one party who deletes all his or her records. However, no one can control how long other individuals retain those same messages.Be careful before you hit that “send” button to be sure that you are sending e-mail messages to the intended person(s).  Some e-mail communications may be considered ‘official documentation’ of what is communicated. If employers are asked by the courts, which can happen, to furnish all e-mails about employee ‘John Doe,’ you may be required to share those e-mails with the court. As an alternative, I recommend that people simply pick up the phone to talk to someone, especially about sensitive or delicate matters that can easily be misinterpreted in an e-mail.Employee health information is private and protected by law. You should not pass around such information by e-mail. Again, you want to avoid getting into employees’ personal and private matters, which can be easily misconstrued or mishandled via e-mailed messages.   
  7. Go the Introduction section: list of mandatory policiesLegally required.On the web: References