#22 Unauthorized Release of References to Prospective Employers

PERFORMANCE CORRECTION NOTICE

Employee Name: Dave Winterfeld

Department: Corporate Finance

Date Presented: December 9, 2017

Supervisor: Dave Collins

 

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:Unauthorized release of references to prospective employers

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.

Dave,

Our organization maintains a strict corporate policy that no information is to be shared with prospective employers regarding current or past workers’ performance records. However, Laura Faraci, a former financial analyst who reported to you for three years and who left the company two months ago, complained to Human Resources yesterday that you provided information about her performance to a prospective employer. This information may preclude her from attaining that position, and she has consequently threatened to retain an attorney to protect her rights.

You subsequently admitted to sharing subjective information about Laura’s performance with a peer in another organization. Regardless of the existing relationship that you have with this peer, the liability exposure to our organization remains the same. As such, you have violated our organization’s standards of performance and conduct. You have, however, accepted full responsibility for your actions. I expect that we will never again have to broach this issue.

 

PERFORMANCE IMPROVEMENT PLAN

1. Measurable/Tangible Improvement Goals: Dave, I expect you, as a corporate controller and officer of this company, to follow duly established rules and regulations. I expect you to equally enforce these very same rules.

2. Training or Special Direction to Be Provided: You attended a management training workshop this past summer that specifically addressed the liabilities inherent in providing subjective references, including defamation and invasion of privacy. In addition, you signed an agreement stipulating that no information may be given out on an informal basis to other organizations, as this could be interpreted as subjective performance feedback on our company’s part. See me if you ever again question how certain rules apply to the workplace or if exceptions can be made.

3. Interim Performance Evaluation Necessary? Yes. Because this incident is now the third occurrence of problematic performance that we have informally discussed in the last two months (the other two include excessive, unauthorized absence and the inappropriate use of upgraded rental cars while on business travel), I have decided that an interim performance evaluation is necessary. I will meet with you in one week to review your performance. Please complete a self-evaluation of your strengths, areas in need of improvement, and first-quarter goals by December 16. I will meet with you to evaluate your self-evaluation at that time. I will then compose my own evaluation of your overall performance considering your input.4

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:

image

(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: You are now being placed on notice that if you again engage in conduct of this nature, you may be dismissed. A copy of this document will be placed in your personnel file.

Scheduled Review Date: December 16, 2017

 

EMPLOYEE COMMENTS AND/OR REBUTTAL

image

 

EMPLOYEE ACKNOWLEDGMENT GOES HERE

 

 

 

4 When an out-of-cycle performance review is administered, it should show that the employee is not meeting company expectations. Therefore, there is agreement between the progressive discipline documentation and the performance evaluation.

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