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Remember: Mitigating factors may mean that
constructive discipline does not have to be progressive. These may
include: the nature of the offense, including non criminal versus
criminal misconduct; previous conduct of the employee; previous
work record; employee's length of service; and the nature of the
job.
Oral Counseling: Any instance in which a supervisor
orally notifies (counsels) an employee about inadequate work, a
violation of work rules or practices, or a failure to follow orders,
and, in the process of counseling, clearly states that it is verbal
counseling and that may future incidents or failure to improve job
performance may or will result in more progressive discipline, to
include written counseling, suspension without pay or dismissal.
A memo of understanding is one recommended vehicle
of documenting and recapping this meeting by giving the employee
a copy. Written records of oral counseling normally should not be
placed in the employee's personnel file. As a general rule, if an
employee does not give reason for further action for a period of
six months, any future constructive actions would start again at
the first step.
Formal Written Counseling: Any letter or document
to the employee listing violations or failures, as well as previous
related counseling/actions, details of what needs to be done to
avoid further corrective action and it must also state that if improvement
is not demonstrated by the employee, future constructive actions
by the supervisor could include other written counseling, written
reprimands, suspension without pay, or dismissal. The written counseling
will become part of the employee's personnel file. Employee signature
is requested acknowledging receipt and understanding of the counseling.
If other constructive actions are not required for a period of one
year, any constructive actions would not be progressive, and should
be handled at the oral or written counseling step.
Referral to the Employee Assistance Program (EAP):
Referral to EAP is used for employees who have failed to respond
to other forms of constructive action or for employees who had been
performing adequately and suddenly drop dramatically in their productivity.
This drop may be due to personal problems (drugs, alcohol, family,
etc.) or untreated health issues. The cause of the drop in job performance
is irrelevant. A Supervisor's job is to see that the employee does
their job. A referral to EAP is usually used in conjunction with
a written counseling and other forms of constructive discipline.
EAP shall also provide access to counseling, rehabilitative
and /or community services for a University employee who: 1) has
received an annual performance rating at the lowest level, 2) has
received a performance rating which is below the midpoint on the
multilevel scale and an improvement plan has not been effective,
3) is experiencing personal problems which affect job performance,
4) has a family member who is experiencing personal problems which
affect the employee's job performance.
Written Reprimand: This is the first formal discipline
which consists of a letter or document to the employee listing violations
or failures, as well as previous related counseling/actions, details
of what needs to be done to avoid further constructive action and
it must also state that if improvement is not demonstrated by the
employee, future constructive actions by the supervisor could include
suspension without pay, or dismissal. This serves as a warning that
strong discipline can be imposed for additional violations. As a
general rule, if an employee who has already received a written
counseling is involved in another incident requiring constructive
action within a year of receipt of that written counseling, he/she
should be given a written reprimand depending on the severity of
the problem. Written reprimands are usually used for less serious
violations. The written reprimand will become part of the employee's
personnel file. Employee signature is requested acknowledging receipt
and understanding of the counseling. If constructive actions are
not required for a period of one year, any future constructive actions
would not be progressive, and should be handled at the oral or written
counseling step.
Suspension Without Pay: Release of an employee
from work without pay for one or more days constitutes Suspension
Without Pay and is used when counseling or a reprimand has not motivated
an employee to correct a problem, or when a particularly serious
offense occurs. As a general rule, if an employee who has already
received a written counseling or reprimand is involved in another
incident requiring constructive action within a year of receipt
of that written counseling, he/she should be put on a suspension
without pay for a reasonable period to match the severity of the
problem. If an employee's problem is poor work performance and not
a violation of work rules, policy or work practice, a written reprimand
may be issued in lieu of suspension without pay.
Written and verbal notice of suspension without
pay are recommended including documentation of the progressive nature
of the constructive action required by specifying previous oral,
written, or suspension without pay action. The letter must also
state that further constructive actions may be taken by the supervisor
if the employee does not satisfactorily meet the required expectations.
Those further actions could include suspension without pay or dismissal.
The employee should be advised that the written documentation will
become part of his/her personnel file.
Legal Watch: In the legal decision regarding
Cleveland Board of Education VS. Loudermill, 105 S. CT. 1495 (1985),
Justice White in the court opinion describes a root requirement
of due process clause as being "that an individual be given
an opportunity for a hearing before he is deprived of any significant
property interest" (i.e. suspension or termination)
Demotion: A disciplinary demotion is a reduction in salary, and
in title to the next lower range in accordance with N.J.A.C. 4A:
3-4.10
Dismissal: Administered when an employee's misconduct or failure
to perform required work is so severe or repetitive that separation
from the University is justified. The supervisor should obtain approval
from his/her supervisor and management and then contact Employee
Relations/Human Resources before taking any action
All discipline is subject to the New Jersey
Administrative Code regulations 4A.
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