#57 Misconduct, Fighting, and Horseplay

Two employees, a secretary and an internal auditor, physically attack each other in the secretary’s office. Witnesses rush in a few seconds later, but no witnesses see who made the first strike. The employees are known to dislike each other, and both receive a written warning.

PERFORMANCE CORRECTION NOTICE

Employee Name: Marion Lemmon

Department: Marketing

Date Presented: April 8, 2017

Supervisor: Tina Flood

 

DISCIPLINARY LEVEL

imageVerbal Correction—(To memorialize the conversation.)

imageWritten Warning—(State nature of offense, method of correction, and action to be taken if offense is repeated.)

imageInvestigatory Leave—(Include length of time and nature of review.)

imageFinal Written Warning

imageWithout decision-making leave

imageWith decision-making leave (Attach memo of instructions.)

imageWith unpaid suspension

 

SUBJECT:Misconduct and fighting with a coworker

imagePolicy/Procedure Violation

imagePerformance Transgression

imageBehavior/Conduct Infraction

imageAbsenteeism/Tardiness

 

PRIOR NOTIFICATIONS

image

Incident Description and Supporting Details: Include the following information: Time, Place, Date of Occurrence, and Persons Present as well as Organizational Impact.

Marion,

Yesterday, you engaged in inappropriate conduct with a coworker when an argument ensued between the two of you, leading to a physical altercation.7 You claim that the internal auditor entered your office without permission, threatened you by muttering between her teeth, “I’ll get you” or “I’ll fix you,” and walked toward your desk with an “intent to harm” you. You state that you were physically threatened for no apparent reason, and you immediately attempted to call Security in order to protect yourself.

The internal auditor, however, claims that she entered your office only to use the fax machine that sits right next to your desk. She states that she neither looked at you nor spoke to you and that as soon as she walked through the door, you berated her for walking into your office without permission and then picked up the phone to call Security. She states that you and she have a long history of distrust and dislike for one another and that you were simply looking for an excuse to bring matters to a head.

You state that she took the phone right out of your hand, held it above your head, and “made you jump for if” while she laughed at you. She states that you “used the phone as a weapon” and hit her in the arm with it. She has a welt on her arm to prove it. By that time, witnesses had heard the commotion and rushed into your office only to find the two of you locked in conflict. Both of you were pulled off each other at that point, and both of you seriously violated company standards of performance and conduct.

 

PERFORMANCE IMPROVEMENT PLAN

1. Measurable/Tangible Improvement Goals: Marion, I expect you to control your temper and never engage in a physical altercation with a coworker. Furthermore, I expect you to avoid any threatening actions that could invoke a hostile response from another person. If you ever feel threatened in the future, I expect you to call me or another supervisor immediately. You are not to engage in any form of altercation under any circumstances.

2. Training or Special Direction to Be Provided: Policy 7.04, regarding company standards of performance and conduct, is attached. Note that section 7.04.14 clearly states the following under Prohibited Conduct:

Causing, creating, or participating in a disruption of any kind on Company property

Using abusive language at any time on Company premises

Participating in horseplay or practical jokes on Company time or on Company premises

These are all subject to disciplinary action up to and including immediate dismissal.

3. Interim Performance Evaluation Necessary? No

4. Our Employee Assistance Program (EAP) provider, Prime Behavioral Health Group, can be confidentially reached to assist you at (800) 555-5555. This is strictly voluntary. A booklet regarding the EAP’s services is available from Human Resources.

5. In addition, I recognize that you may have certain ideas to improve your performance. Therefore, I encourage you to provide your own Personal Improvement Plan Input and Suggestions:

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(Attach additional sheets if needed.)

 

OUTCOMES AND CONSEQUENCES

Positive: I will remain available to help you and discuss areas where you require additional support. If you meet your performance goals, no further disciplinary action will be taken regarding this issue.

Negative: If you ever again fight with a coworker or anyone doing business on company premises, or if you engage in conduct that constitutes physical threats of harm, open displays of hostility, or attempts to engage in a fight, you will be subject to further disciplinary action including immediate dismissal. A copy of this document will be placed in your personnel file.

Scheduled Review Date: None

 

EMPLOYEE COMMENTS AND/OR REBUTTAL

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EMPLOYEE ACKNOWLEDGMENT GOES HERE

 

 

 

7 Note that the other employee involved received this identical warning.

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