PERFORMANCE CORRECTION NOTICE

DISCIPLINARY LEVEL

Verbal Correction—(To memorialize the conversation.)

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

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

Final Written Warning

Without decision-making leave

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

With unpaid suspension

SUBJECT:Failure to follow company policy, inappropriate workplace conduct

Policy/Procedure Violation

Performance Transgression

Behavior/Conduct Infraction

Absenteeism/Tardiness

PRIOR NOTIFICATIONS

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

Winnie,

On August 7, 2017, your employee, office services coordinator Wanda Crawford, called you and notified you that she had just been diagnosed with a serious health condition.²⁵ She stated that she called you immediately after leaving her doctor’s office because she was concerned that any absences that might follow could inconvenience you and the rest of the team. Rather than expressing empathy and concern and referring her to Human Resources for additional help and support, in accordance with company policy, you questioned whether she would be able to perform her basic job duties. At that point, she said she wasn’t sure how involved her treatment would be because further tests from additional medical specialists were warranted. As such, she wasn’t sure what restrictions her doctors would place on her work in the foreseeable future.

Wanda asked you at that point if you were aware of any easier jobs that might not require so much lifting or physical agility on her part. According to Wanda, you responded that you were not aware of any other openings in the company and that you needed someone who could perform the office services job during the upcoming busy season. Wanda stated that you pressed her to tell you whether she would be able to carry out her duties, and you then told her that there would likely not be any easier jobs in the division.

When Wanda continued to express anxiety about managing her workload, you asked her if she was tendering her two-weeks’ notice. Wanda responded that she did not wish to stop working or to leave the company, especially since she was worried about benefits and disability income continuation relative to her newly diagnosed medical condition. Your only response to her at that point was that if she was going to resign, she had to do so in writing. You asked her to prepare a written statement that you would be able to forward to Human Resources for processing and then ended the call.

It was at that point that Wanda reached out to Human Resources and relayed her discussion with you, reaffirming her desire to remain employed with our company, whether in her current capacity or one that would better be able to accommodate any potential medical restrictions. Human Resources assured Wanda that she was not being terminated due to her recent medical diagnosis and that her two-week notice wasn’t under consideration and would not be accepted.

Further, Human Resources informed her that our company would engage with her in an interactive process to see how we might be able to accommodate her work restrictions. This would include finding out what, if any, reasonable accommodations might be necessary for her to continue working in her current position and would likewise include discussions about other positions in which she could work on an interim basis, if needed.

When we asked you about your understanding of the matter, you confirmed everything Wanda told us. You informed us that you were concerned about her not being able to perform in her current job now that the busy season was upon us, and you assumed she would want to resign if she couldn’t meet her current obligations. Therefore, you simply asked her for her resignation letter.

Your conversation with Wanda at the point of her diagnosis was uncaring and unprofessional. Further, it violated specific company policy. This final written warning, in conjunction with an unpaid suspension and demotion, is intended to impress upon you the seriousness of your actions and the significance of your mishandling of the situation with Wanda.

PERFORMANCE IMPROVEMENT PLAN

1. Measurable/Tangible Improvement Goals: As a twenty-year supervisor with our organization, you are expected to know and apply the basic policies and employment laws covering the workers in your department. You have been trained to refer all requests for medical restrictions and accommodations to Human Resources and failed to do so. Had you reached out to Human Resources, you would have learned immediately that our company has an affirmative obligation to engage in the interactive process, which is a responsibility that each frontline supervisor shares with Human Resources every time this situation arises.

2. Training or Special Direction Provided: Please reread the employee handbook and familiarize yourself with leave law matters and policies regarding absenteeism and accommodation. If you have any questions regarding leaves of absence, please see me or a member of the Human Resources team immediately.

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:

(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: This correction notice serves as a final written warning that if you ever again fail to engage with an employee who notifies you of a serious medical condition, your employment will be terminated. Likewise, if you fail to notify Human Resources as appropriate or attempt to intimidate your staff members from using available benefits, you will be dismissed.

Further, your actions in this case demonstrate a lack of care and concern for your team members that would be consistent with the responsibilities of a supervisor and our overall corporate culture and concern for our employees. Therefore, your role within our organization is subsequently being adjusted to that of an office services coordinator with a commensurate adjustment in pay that will remove frontline supervisory duties from your areas of responsibility. Note that your pay will be adjusted to the top of the salary range for that role. Your salary will remain frozen at that maximum until the entire salary range for that position classification is readjusted at some point in the future.

To impress upon you the seriousness of your actions in this case, you will also be placed on an unpaid suspension for one week. Together with the final written warning, demotion, and corresponding adjustment in pay, you are hereby notified that if you ever again engage in conduct that demonstrates such disregard for another employee’s well-being or for company policies, you will be immediately dismissed. A copy of this document will be placed in your personnel file.

Scheduled Review Date: None

EMPLOYEE COMMENTS AND/OR REBUTTAL

EMPLOYEE ACKNOWLEDGMENT GOES HERE