#56 Misconduct, Fighting, and Horseplay
A company groundskeeper and independent contractor construction worker have words in front of the office building; multiple witnesses observe the confrontation. The employee is disciplined and the construction worker is taken off the job.
PERFORMANCE CORRECTION NOTICE
Employee Name: Joe Smothers |
Department: Environmental Services |
Date Presented: October 29, 2017 |
Supervisor: Willis Reese |
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:Misconduct and fighting on company grounds
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.
Joe,
On October 23, at approximately 2:30 P.M., construction workers from BMG Contractors were dismantling their 130-ton crane in front of Lumley Building. The crew’s supervisor was directing traffic when you drove by in your company truck. You claim that the supervisor then told you to “Move your damned truck; this crane is costing us over $300 an hour.” The supervisor in question claims that you ignored his direction, let your truck idle in the crane’s path, stared him down, and gave him the finger.
Although there are witnesses on both sides who agree with these versions of the story, the end result was that the two of you got into a screaming match in front of other company employees and visitors. You were heard saying things like “Up yours, you bastard” and “If you know what’s good for you, stay out of my way.” The contracting supervisor also made comments along the lines of “Shove it, you piece of shit” and “Go to hell.”6
Regardless of who started this confrontation or why, your behavior violates company policy 7.04 regarding standards of performance and conduct. Specifically, you engaged this independent contractor in public and used abusive, threatening, and offensive language when you should have immediately reported the incident to your supervisor. The construction worker will be transferred to another project tomorrow; however, your behavior is unacceptable and violates company norms of conduct.
PERFORMANCE IMPROVEMENT PLAN
1. Measurable/Tangible Improvement Goals: Joe, I expect you to never again engage in conduct that threatens physical harm or uses profane language. If you ever again have such a run-in with another employee, vendor, or independent contractor, I expect you to notify me (or another supervisor if I am unavailable) immediately. I expect that you will never again take matters into your own hands or in any way encourage a confrontation of words or actions.
2. Training or Special Direction to Be Provided: Policy 7.04, regarding company standards of performance and conduct, is attached. Note that section 7.04.14 clearly states the following under Prohibited Conduct:
• Causing, creating, or participating in a disruption of any kind on Company property
• Using abusive language at any time on Company premises
• Participating in horseplay or practical jokes on Company time or on Company premises
These are all subject to disciplinary action up to and including immediate dismissal.
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: If you ever again engage in conduct that constitutes physical threats of harm, open displays of hostility, attempts to engage in a fight, or profane and abusive language aimed at invoking an angry response from another, you will be subject to further disciplinary action including immediate dismissal. 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
6 I recommend quoting exact language when disciplining an employee for using obscenities, even when the obscenities are much more graphic or crude than the ones we are limited to using in a professional book such as this. This demonstrates the seriousness of the offense as well as your willingness to deal openly with it.