#23 Email Misuse (Nonwork-Related Usage)

Company newsletter editor posts personal information on the company’s email system, thereby violating the company’s communication policy. Note that this employee has violated multiple rules and patently disobeyed his supervisor’s direct instructions over several months; moreover, the employee has misrepresented his actions to his boss. The supervisor wished to terminate the employee for dishonesty, insubordination, and multiple policy infractions. However, since the employee had never been given any previous written warnings, Human Resources placed the worker on final written warning.

PERFORMANCE CORRECTION NOTICE

Employee Name: Irwin Mann

Department: Information Systems

Date Presented: February 4, 2017

Supervisor: Bill Culligan

 

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:Violation of company policy 6.05, Voice and Electronic Mail; insubordination; failure to follow reasonable directives; dishonesty

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.

Irwin,

On December 15, 2017, while I was scanning the company’s email printout, I came across a document that was apparently a sexually oriented and offensive joke titled, “Forbidden Zone.” I brought this immediately to your attention and told you that I didn’t find it appropriate that you, our company’s newsletter editor, would poke fun at our organization and its key management members. I told you that I found your humor sarcastic and offensive. You made a sardonic remark about gay people and their workplace preferences. I told you, “You’ve got to stop running these inappropriate email missives. Got it?” You responded reluctantly, “Got it.” I assumed that we would no longer have to address this issue.

On January 7, 2017, I witnessed you abusing the company’s email system for a second time. I walked up behind you and saw you posting horse racing results from the night before. I asked you what you were doing, and you responded, “I just had some personal business to attend to.” I explained to you that you had committed that you would no longer abuse the company’s email system. You responded, “You told me to stop writing inappropriate jokes in the newsletter. I didn’t know that included racing results.” I stated, “I’m reminding you again: Stop abusing the company email system.”

On February 1, 2017, I conducted a standard email review for the most recent two-week period. I was surprised and disappointed to learn that you had ignored my prior warnings and continued to send racing results. As a matter of fact, less than half of the messages you sent were work-related; the majority were personal. I asked you later that day if you had any problems with the issues we had discussed previously regarding email misuse. You told me everything was “fine and dandy.” I asked you if there was anything else you wanted or needed to share with me. You said, “No.” I called you into my office at day’s end to share the email log results that I had acquired. When I showed you the email entries you made regarding horse races and the list of nonbusiness emails you had sent, you replied, “Look, I guess I’m not the model employee these days. Please cut me some slack. I’m under a lot of pressure.”

This third violation of the company’s email policy and my direct requests reveals that you did not take your former warnings as seriously as you should have. Consequently, you are now being placed on a special probation with stringent requirements.

 

PERFORMANCE IMPROVEMENT PLAN

1. Measurable/Tangible Improvement Goals: Irwin, I expect you to follow all company policies and procedures, especially those relating to email, Internet, and Intranet usage. As the editor of the company newsletter, I expect you to conduct yourself in a respectful way and to maintain all confidentiality. I expect you to represent yourself and your actions honestly, and I expect you to heed my directions. I hold you fully accountable for all the responsibilities and duties outlined in your job description.

2. Training or Special Direction to Be Provided: A copy of policy 6.05 is attached. Note that it says that the following uses of the company’s email system are prohibited:

Nonbusiness-related chatter

Use of profanity or suggestive material

Private consulting, commercial enterprises, or any use for personal financial gain

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:

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: Working with the company’s email system is your essential job function. Because of your lack of discretion, you have now placed your position in serious jeopardy. We are not terminating you at this time. We are, instead, giving you another chance. If you ever again engage in the creation of inappropriate email entries that potentially violate elements of our antidiscrimination policy, especially regarding employees’ sexuality or sexual preferences, post horse racing results, or violate any other aspects of the company’s email policy, you may be immediately discharged for cause. Furthermore, if you engage in dishonest behavior, send any personal, nonwork-related emails without my prior approval, or violate any other standards of performance and conduct, disciplinary action up to and including dismissal may result. A copy of this document will be placed in your personnel file.

Scheduled Review Date: None

 

EMPLOYEE COMMENTS AND/OR REBUTTAL

image

 

EMPLOYEE ACKNOWLEDGMENT GOES HERE

Note: Since this is a special probation with stringent requirements, add the following sentence to the Employee Acknowledgment: “I understand that this is my last chance. If I fail to abide by the tenets of this memo, I will voluntarily resign or be discharged for cause.

 

 

 

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