Index
The index that appeared in the print version of this title was intentionally removed from the eBook. Please use the search function on your eReading device for terms of interest. For your reference, the terms that appear in the print index are listed below
absenteeism
caution for terminating employees for
excessive unscheduled
excessive unscheduled, with “excuse-based” system
excessive unscheduled, with “no fault” system
pattern of excessive unscheduled
unauthorized, progressive discipline for
acceptance of gratuities, summary discharge for
active windows
for describing negative consequences
new infraction after expiration of window
administrative leave
administrator, performance correction notice during probationary period
Age Discrimination in Employment Act
alcohol use by workers
during work hours
Americans with Disabilities Act (ADA)
failure to engage in ADA interactive process
inappropriate interviewing questions
annual performance evaluation
addendum to
progressive disciplinary language in
vs. interim evaluation
written warning and
antagonistic behavior toward coworker
by manager
appeal, right of employee to
appointment scheduling, errors in
appropriateness of discipline
attendance, caution for terminating employees for
“attitude”
attorney-client privilege, for document or e-mail
at-will clause see also employment-at-will doctrine
behavioral terms, for describing observations
behavior infractions
antagonistic behavior toward coworker
character assassination, defamation
coworker inebriation, failure to disclose
drug use by workers
insubordination
insubordination, summary discharge for
insubordination and profane language
insubordination and substandard work performance
intimidating work environment
intoxication during work hours
“locker room” banter
managerial misconduct
misconduct, fighting, and horseplay
misuse of power and office
poor “attitude”
social media cyberbullying
union steward, abuse by
veiled or direct threats of violence
see also sexual harassment claims
calling in sick, notice for failure to follow policy
cash handling, improper
cell phone use, personal
certification exam, summary discharge for failure to pass
character assassination
check deposits, notice of failure to process promptly
coaching
commitment letter for employee personnel file
communication
failure to provide information to supervisor
foundation for
notice of violation of policy
profane language
company materials, notice of unauthorized use
company records
notice of unauthorized removal
summary discharge for falsification
“comps,” misuse by property appraiser
computer, personal software on office
conduct infractions
confidential information
disclosure of
notice of unauthorized removal
consequences, failure to follow through on threatened
consistency
in applying rules
in discipline
“constructive discharge” claim
corporate amnesia, dangers of
counseling sessions
coworkers
antagonistic behavior toward
inebriation, failure to disclose coworker
threatening, summary discharge for
customers, eye contact with
customer service, substandard work in
cyberbullying, social media
date in disciplinary notice heading
deadlines
failure to meet
need to communicate missed
decision-making leave
caution for
defamation of character
de minimis infraction
departmental polices, notice for failure to follow
Department of Labor
dignity
directors
layoff, director-level
substandard project management
unacceptable skip-level findings
discharge, choosing not to
discharge for cause, substandard performance
discharge hearings
disciplinary notice
summary discharge for violent reaction to
disciplinary progression, for repeated violations
discipline
appropriate level for offense
see also progressive discipline
Discipline Without Punishment (Grote)
disclosure, of confidential information
discrimination
and documentation retention
as exception to employment at will
docking pay, for exempt workers
document, attorney-client privilege for
documentation
heading of disciplinary notice
incident description
narrative
documenting poor performance
mistakes in
need for
for verbal correction
dress code of company, failure to follow
“Driving Under the Influence” conviction
drug use by workers
during work hours
due process
elements of
workplace
eligibility period
attorney-client privilege for
misuse (network-related usage)
misuse (racially influenced and distasteful messaging)
emergency conditions, and working beyond shift end
Employee Acknowledgment section, in disciplinary documents
Employee Assistance Professionals Association
employee assistance programs (EAPs)
employee handbook
at-will language in
and trial period completion
employee rebuttal
and management response
employee response
employees’ files, removing disciplinary documents from
employer
actions causing loss to
right to change policies
employer records, falsification
employment application, at-will language in
employment-at-will doctrine
as affirmative defense
exceptions
progressive discipline and
employment contracts
employment offer, rescinded due to employee failure to report on first day
enlightened leadership
Equal Employment Opportunity Commission (EEOC)
equipment
lost
notice of unauthorized use
error rate, high
evaluation period
“excuse-based” system, for absenteeism control policy
exempt workers, docking pay for
cyberbulling on
summary discharge for misuse of
face-to-face meeting, delivering message to employee in
facilities, notice of unauthorized use
failure to pass certification exam, summary discharge for
fair dealing implied covenant, and employment at will
Fair Labor Standards Act (FLSA), and exempt employees
Family Medical Leave Act (FMLA)
abuse by failure to consult HR regarding leave request
abuse by failure to follow medical certification terms
abuse by failure to provide appropriate medical documentation
and attendance problems
feedback from employee, asking for
fighting
final incident
final written warning
examples of well-written
extension of
negative consequences sample
for sleeping on the job
first written warning (verbal correction)
formal discipline, vs. informal counseling session
goals, in PIP
Golden Rule of Progressive Discipline
good faith implied covenant, and employment at will
gratuities, summary discharge for acceptance of
grievance procedure
Grote, Dick, Discipline Without Punishment
guilt
heading, of disciplinary notice
horseplay
hostile work environment
human resources, failure to consult regarding request for leave
implied contract legal theory
implied covenants of good faith, and employment at will
incident description, in documentation
inefficient production
informal counseling session, vs. formal discipline
information
failure to retain, after training
inaccuracy of
need to share
initiation period
insubordination
inappropriate and undermining behavior, summary discharge for
and profane language
and substandard work performance
unacceptable conduct toward supervisor
violent reaction to disciplinary notice, summary discharge for
interim performance evaluation
interpersonal work relationships
interviewing questions, inappropriate
intimidating work environment
intoxication during work hours
introductory period
investigatory leave
job abandonment
“job as property doctrine”
just cause
for termination
language
“locker room” banter
profane
last-chance agreement
last-step options
layoffs
director-level, with severance
without severance
leadership, enlightened
learning
failure to learn new material in training
failure to retain information after training
leave
abuse by failure to consult HR regarding request for
decision-making
investigatory
until “return to work” release
leaving work site during scheduled shift
legal release, director-level layoff with appropriate
letter confirming acceptance of employee’s verbal resignation
letter of clarification
letters of recommendation
“locker room” banter
lunch periods, failure to observe
managers
misconduct
retaliation
see also supervisor
measurable/tangible improvement goals, in PIP
medical certification, FMLA abuse by failure to follow
medical documentation, FMLA abuse by failure to provide appropriate
medical marijuana misuse, summary discharge for
misconduct
at company holiday party, summary discharge for
moonlighting
narrative
negative consequences in write-up
active windows to describe
poor examples
properly written
without time limits
negative organizational impact, from employee actions
negligence, recurring
negotiated termination
new hires, extending probation period length
“no fault” attendance control system
notifications, summarizing prior for write-up
off-duty conduct
offense, matching discipline to
offer letter, at-will language in
office, misuse of
Older Workers Benefit Protection Act
orientation period
out-of-cycle review
outplacement, director-level layoff with
overtime, unauthorized
paper trail
performance evaluation
interim
scheduled review dates
see also annual performance evaluation
Performance Improvement Plan (PIP)
employee assistance programs (EAPs)
employee input and suggestions
interim performance evaluation
measurable/tangible improvement goals
training or special direction to be provided
performance issues
categories for
errors in scheduling appointments
failure to meet deadlines
history of disciplinary measures
interpersonal work relationships
performance transgressions
personal commitment agreement
PIP, see Performance Improvement Plan
policies, employer right to change
policy violations
confidential information disclosure
dress code violation
e-mail misuse (network-related usage)
e-mail misuse (racially influenced and distasteful messaging)
excessive personal phone calls
leaving work site during scheduled shift
lost equipment
notice of failure to deposit incoming checks timely
notice of failure to follow departmental
notice of unauthorized removal of company files
off-duty conduct and moonlighting
overtime, unauthorized
personal cell phone use
smoking on company grounds
software piracy
time card falsification
unauthorized release of references to prospective employers
unauthorized use of company equipment, time, materials, or facilities
poor “attitude”
poor performance, documenting
positive consequences, in write-up
possession, sale, or being under the influence of alcohol or illegal substances, summary discharge for
power, misuse of
predictability, in discipline
prior notifications, summarizing for write-up
probationary employee
extending probation period length
performance correction notice for branch administrator
performance correction notice for computer operator
performance correction notice for insurance claims adjuster
performance correction notice for programmer/analyst
performance correction notice for receptionist
performance correction notice for secretary
performance issues appearing just after end of probationary period
summary discharge of
as last-step option
legal implications
time frame
production numbers, failure to meet
profane language
progressive discipline
employment-at-will doctrine and
golden rule
and overall written record
terminating employee without
traditional paradigm
project management, substandard
property appraiser, misuse of “comps”
public policy, and employment at will
punishment, vs. training
racially influenced and distasteful e-mail messaging
radio talk show, e-mail of personal opinion from office
receptionist, performance correction notice during probationary period
records, failure to update
references, unauthorized release of
referrals to EAPs
formal vs. voluntary
rehabilitation
need to focus on
in progressive disciplinary system
report to work, failure to
responsibility, personal assumption of
rest periods, failure to observe
rolling calendar year
and excessive unscheduled absenteeism
safety infractions
DUI conviction
extending emergency work beyond shift end
sales performance, substandard
sales production, lack of
scheduled review dates
scheduled work hours
failure to observe
leaving work site during
scheduling appointments, errors in
scrap rate, high
secretary
layoff without severance
performance correction notice during probationary period
“separation by mutual consent”
separation payments
severance, director-level layoff with
sexual harassment claims
claim of creating sexually charged environment
and documentation retention
employee efforts to restart romance with former girlfriend
female efforts to date male subordinate
offensive speech
signature requirements for write-up
skip-level findings, unacceptable
sleeping on the job
slow production
smoking on company grounds
social media abuse, summary discharge for
social media cyberbullying
software piracy
state of mind, avoiding need to prove
statutory considerations, and employment at will
“stay clean” period
subordinates, complaint causing retaliation against
substandard work
actions causing loss to employer
in customer service
employer records falsification
errors in scheduling appointments
failure to learn new material in training
failure to meet deadlines
failure to observe work schedule
failure to perform assignments
failure to retain information after training
high error factor and scrap rate
history of disciplinary measures
improper cash handling
inaccurate information
interpersonal work relationships
lack of communication with supervisor
lack of sales production
property appraiser misuse of “comps”
recurring negligence and thoughtlessness
sales performance, substandard
sleeping on the job
slow or inefficient production
substandard project management (director level)
unacceptable skip-level findings (director level)
VP-level substandard performance and conduct
see also safety infractions
summary discharges
for acceptance of gratuities
for company records falsification
for failure to pass certification exam
for insubordination
loss of current weapon license
medical marijuana misuse
for misconduct at company holiday party
for possession, sale, or being under the influence of alcohol or illegal substances
terminating an employee without corporate approval
terminating a probationary employee
for threatening coworker
for time card fraud
for violent reaction to disciplinary notice
summary judgment, in wrongful termination claim
supervisor
failure to accept assignments from
failure to provide information to
inappropriate interviewing questions
lack of communication with
time card manipulation by
unacceptable conduct toward
suspension, unpaid
tardiness
caution for terminating employees for
excessive, first warning
excessive, second warning
excessive, third warning
telephone calls
notice of excessive personal
personal cell phone use
terminating employee
letter for
options for
security for
timing for
termination notices
discharge for cause, substandard performance
for employee failing to report on first day
job abandonment
letter confirming acceptance of employee’s verbal resignation
secretary layoff without severance
see also summary discharges
termination of employee, summary discharge for termination without corporate approval
thoughtlessness
threatening coworker, summary discharge for
threats of violence
time card
falsification
fraud, summary discharge for
supervisory time card manipulation
time commitments
caps for
notice of unauthorized use
training
failure to learn new material in
failure to retain information after
in PIP
training period
Twitter, cyberbulling on
unauthorized absence, progressive discipline for
union contract, and probationary period
unionized workers
union steward, abuse by
unpaid suspension
caution for
verbal correction (first written warning)
negative consequences sample
vice president, substandard performance and conduct by
violations
bundling unrelated
classifying
violence
disciplinary notice, summary discharge for violent reaction to
and documentation retention
risk of
veiled or direct threats of
weapon license, summary discharge for loss of current
witness acknowledgment of employee refusal to sign write-up
work assignments, failure to complete
work environment
drug-related impairment
intimidating
intoxication in
workplace due process
workplace violence, and documentation retention
work relationships, interpersonal
workshops
work site, leaving during scheduled shift
write-up
Employee Acknowledgment section
employee rebuttal, and management response
format of
as legal document
manager’s avoidance of
multiple disciplinary issues in
negative consequences
outcomes and consequences
personal commitment agreement
positive consequences in
reading to employee
sharing with employee
signature requirements
witness acknowledgment of employee refusal to sign
written warning
negative consequences sample
see also final written warning; first written warning (verbal correction)
wrongful termination claim, summary judgment in