An administrative assistant punches out at 5:00 P.M., the end of her regularly scheduled work shift, and then returns to the office to continue working (thereby violating instructions given at a previous coaching session that she not work unauthorized overtime). The supervisor fears that the employee will burn out under stress that could be related to her long hours and failure to take appropriate breaks.
Employee Name: Gail Gleason |
Department: Human Resources |
Date Presented: July 7, 2017 |
Supervisor: Eileen Bernards |
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:Working unauthorized overtime
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.
Dear Gail,
Yesterday you clocked out at 5:00 P.M., your regularly scheduled time off, and then returned to the office to continue working. Janet Sorensen, a supervisor working late that night, observed you working until 8:00 and commented to me on what a diligent and responsible employee you are. As much as I appreciate your dedication to this job, Gail, I need to formalize my feelings about working overtime without proper credit.
Just one month ago I met with you and asked you not to work through your breaks and lunches. I explained that you are entitled by law to two ten-minute breaks during the day: one in the morning and one in the afternoon. Your lunch period lasts from 12:00 to 12:30. I also explained that your working past 5:00 without being on the clock places the company at risk of violating the Fair Labor Standards Act. The fact that you were not authorized to work those hours might not protect the company from violating the law. I specifically told you that any further occurrences would have to be handled as discipline, and you agreed to this.
Therefore, to protect the company, I must formally document that we are committed to protecting our organization’s exemption status. As a human resources professional, I know that you’ll take this action in the spirit in which it was meant. In addition, the three hours you worked last night will be credited toward your overtime this week.
1. Measurable/Tangible Improvement Goals: Gail, I expect that you will communicate with me if you project that you will have difficulty meeting your work goals. I want you to inform me as well if I’m putting too much work on your desk at any given time. Finally, I expect you to work overtime only when you are properly clocked in and receiving overtime credit.
2. Training or Special Direction Provided: Attached is a copy of the firm’s Working Hours policy. Please pay special attention to the section entitled Nonexempt Employees, and let me know if you have any questions.
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.)
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: Gail, please do not engage in unauthorized overtime again.3 Failure to abide by this agreement may lead to further disciplinary action. A copy of this document will be placed in your personnel file.
Scheduled Review Date: None
3 This is a lightly stated negative consequence because the supervisor appreciated the good will and extra effort that the employee put forth in working overtime. Nevertheless, the employee violated a clear directive and certainly exposed the company to a wage and hour claim for overtime—even if that overtime wasn’t authorized by management. Remember, the wage and hour board will not consider whether overtime was authorized; the fact that the employee worked is all that counts to substantiate a claim for back wages.
18.118.20.68