#67 Managerial Retaliation

Wholesale manager retaliates against a subordinate who complained about the manager’s sleeping on the job. Newly hired unit director begins disciplinary action against this ten-year manager with a history of acceptable performance evaluations.

PERFORMANCE CORRECTION NOTICE

Employee Name: John Lambert

Department: Wholesale

Date Presented: December 2, 2017

Supervisor: Tom Watson

 

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:Written warning: substandard work performance; final written warning: sleeping on the job and managerial retaliation

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.

John,

Since the verbal warning meeting that you and I had with Human Resources on October 7, 2017, you have continued to demonstrate unacceptable performance and behavior as manager in Wholesale. Your overall job performance does not currently meet company standards of performance and conduct.

Last Wednesday, you were again found sleeping on the job. Your personnel file demonstrates a previous occurrence of disciplinary action taken against you for this infraction. Specifically, you previously received written warnings about this issue on August 30, 2015, and January 16, 2013. Because you have failed to improve your performance in this particular area, this memo constitutes a final written warning for sleeping on the job.

More significantly, you retaliated against Francis Franco, your subordinate, when you hid an item that she was planning on purchasing. She stepped out of the room, and you placed her item into your desk. When she couldn’t find it, you told her to fill out a Loss Report. This would reflect poorly on her work record and could even lead to disciplinary action against her. A coworker saw you place the item into your desk, however, and reported this to me. When I questioned you about it, you admitted that you did this because you were mad at her for reporting your sleeping on the job. Such retaliatory behavior demonstrates a disregard for your responsibilities and obligations to this company, Consequently, this memo also constitutes a final written warning for retaliation.

In addition, this document serves as a written warning because your overall performance is unacceptable. In October, I requested that you compose procedures for all operations for Wholesale services, and as of today’s date, those procedures have not been submitted to me (despite my directive and your commitment to complete the task by December 1). You are responsible for communicating with me any time that you cannot keep a commitment as per our agreement in October.

 

PERFORMANCE IMPROVEMENT PLAN

1. Measurable/Tangible Improvement Goals: John, I expect that you will never again sleep while on the job. I expect that you will never again act in a retaliatory manner toward any subordinate, peer, or member of management. In addition, as I outlined for you in the October 7 meeting, I expect you to maintain open communications with me regarding the status of your workload, to assume total responsibility for your actions, and to avoid any conduct or behavior that violates company performance and conduct standards.

2. Training or Special Direction to Be Provided: You have recently attended our company’s customer service training. However, in order to strengthen your skills in this area, we will pay for you to attend an outside seminar on company time regarding interpersonal communications, supervision, or dealing with interpersonal conflict in the workplace. Please let me know which of these workshops would be most beneficial to you. In addition, please instruct me regarding any additional technical training that you believe you need in order to meet the essential functions of your job.

I am attaching a copy of policy 9.45, regarding standards of performance and conduct. Please read this policy carefully and see me regarding any questions you have or clarification that you require.

Finally, I am attaching a copy of your job description. Please read the entire document and see me if you have any questions that require clarification in any of the areas listed.

3. Interim Performance Evaluation Necessary? Yes. Although it is not yet time for your regularly scheduled annual review, I will issue you an out-of-cycle review that accurately reflects your overall performance since I assumed responsibility for Wholesale.

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: John, I expect you to take this warning very seriously. If you ever again engage in conduct that could be construed as retaliation toward a subordinate or coworker, or if you ever again are found sleeping on your job, you may be immediately dismissed.

Furthermore, if you violate any other standards of performance and conduct, you will be placed on a final written warning. If you fail to abide by the terms of this agreement while in final warning status, you may be dismissed. A copy of this document will be placed in your personnel file.

Scheduled Review Date: Ninety days (March 2, 2018)

 

EMPLOYEE COMMENTS AND/OR REBUTTAL

image

 

EMPLOYEE ACKNOWLEDGMENT GOES HERE

Note: Since this is a final written warning, add this sentence to the Employee Acknowledgment: “I recognize that my job is now in jeopardy of being lost. If I fail to meet the terms of this agreement, I will voluntarily resign or be discharged for cause.”

 

 

 

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