How do I put together a written warning for an emoyee with extremely poor work behavior?

Question

I am new as a manager. Unfortunately I have an Assistant who is a horrible employee. He is been written up on several occasions for lieing on his time card, and other MAJOR issues. He is been on probation several times, improves while on probation then goes back to his old ways. My company insists on counseling him and not firing him ( I would love to fire him and my company has every legal right to do so). Recently he has had EXTREMELY bad behavior, very poor work ethics and needless to say he does NOT respect me. I am have decided to put my foot down with him and I am going to give him a written warning along with proof of his bad behavior. I need to know how to professionaly address this. Ideas? Just FYI- We work for a financial institutions where un-professionalism is not an option.

Answer 1

Hi, I've had this a few times. The written warning starts with a formal interview. Stick absolutely to the facts. As the previous answer indicated you need to pick up exactly where they fall down against their job description. If they don't have one then you need to find out what the company expectations are. You don't say how big a company you work in - if you have an HR department then use it, if you have company written procedures then follow them to the letter.

There are various websites out there that give advice - a union website or ACAS is a good starter as they'll give you all sides and will also point out where you can go wrong.

Remember they require a notice period for the interview and are entitled to representation in the interview. They also need details of teh complaint - I've always made this a written interview notice with brief details of what will be discussed - nothing contentious here - remember the union may see it before the interview!

Make sure you also have someone in there who is good at making notes (your nominee). These notes are the basis of the letter you provide after the interview. Don't embroider them, again stick absolutely to the facts.

Bear in mind you're a manager - you have to manage! You're not after popularity - certainly not from this person - in this one. If it sets a good example then others will sit up and take notice. You never know, if you go straight to final written warning this person may even sit up and take notice.

By the way, it's 1st verbal, 2nd verbal, written, out. All of which stages require an interview and written follow up. You can jump to any stage in that process however (I believe - someone else out there?) depending on the severity of the offence.

Good luck

Answer 2

I have previously worked in retail as a Assistant Manager. I had a similar issue with staff who could not get to work in time and used every excuse under the sun. In the end I put my foot down, did not get any support from the manager so took things into my own hands when the manager was on holiday.

Point one do your homework. Keep a diary of each time something you consider not acceptable occurs. Write this down promptly so you do not forget.

Point two informal speak to HR

Point three read up on the disciplinary procedure (I suspect you have already done this)

Point four inform HR that you will be carrying out a hearing (Keep them informed)

Point five arrange a hearing and give the individual at least 7 days notice and advise that they can bring a colleague if required. (You have to be seen to be fair)

Point six have the hearing and have someone present to take minutes for you. Agree a course of action and time for the improvements to occur. Set deadlines and make sure the objectives are SMART (Specific, Measurable, Achievable, Realistic and Tangible.

Provide a copy of the minutes to the staff member and provide a record to HR for their records. You don't want an industrial tribunal taking place. So follow the staff disciplinary manual.

I went through the above process highlighting why I was having a hearing. The end result was that his punctuality became excellent and we still were able to maintain a professional relationship.

Good Luck

RC

Answer 3

I am not trying to be a critical person, but you posed the question.

If you are in a management position, your spelling and grammar have to improve. You obviously do not use spell check. You cannot write someone up with errors in your warning. That cannot happen.

I am assuming everything this employee has violated is in writing and documented. Here is my view as I see it from your question a particle at a time:

1) Anyone that has lied on their time card "several" times should be terminated.

2) Your company must have a guideline as to how many times an employee can be placed on probation before termination.

3) You say that recently he has had the following, "extremely bad behavior, poor work ethics and does not respect you." You must have all this in writing.

Read your company guidelines pertaining to the above that I wrote. If they are a "professional" company they have to cover your situation. You do not really go into detail about your problem except for the time card. You will need more specific items than that.

You certainly cannot work with this person as your assistant feeling this way. You need a meeting with your superior.

Answer 4

UK Law...

I absolutely agree with you. You need to do something about this or you will be seen as condoning your assistant's behaviour and THAT would be unprofessional - and unfair to the assistant.

Firstly, you need to investigate the incident and get a colleague of a similar status to do this if possible (I will go on to say why later). They will need to collect evidence of his/her behaviour such as witness statements or evidence of poor work output. After a suitable investogation, you will then need to invite your assistant to a Disciplinary Hearing - and you MUST do this is writing, giving the employee at least 24 hours notice.

At this point you should note 2 things...in ideal circumstances, you should always get another manager to investigate and someone else to do the disciplinary - this is so that the process in not bias in any way. Also, if you were subject to any behaviour or part of the problem you generally cannot get involved with the disciplinary process as you will (being human of course) have your own views and as it is you who decides the disciplinary sanction it would be unfair for you to make this decision. However, in smaller organisations these luxuries are not always afforded, so do your best in the circumstances.

In the letter that you send to the assistant, inviting them to a meeting, you must state the reasons/allegations held against them, when the meeting will take place, where and with whom. It is also their statutory right to be offered representation throughout the meeting - this would be a fellow colleague or Trade Union Representative if they are a member. All of this must go in their invite letter to the meeting.

Assuming you will be doing the diciplinary hearing, the first thing you do is make sure that you have another Company Representative with you to witness the meeting and to take notes/minutes of what is being said throughout.
Then ask them if they would like representation.... organise if necessary.
Then state the allegations. At this point they are allowed to read and take copies of any witness statements.
Ask them if they would like to add anything to the evidence that your colleague has subitted from the investigation.
Give them a chance to defend themselves...
Then make sure that you adjourn the meeting...ask the assistant to leave the room for you to consider the evidence and decide on a suitable sanction...if any.
Leave a few minutes.
Call back in, and outline your decision. The sanctions generally are as follows (Stated in legislation):
1. Verbal warning (suggested 6 month life)
2. First Written Warning (suggested 12 month life)
3. Final Written Warning (suggested 12 month life)
4. Dismissal (or other sanction) - indefinate.

Decide on the suitable sanction considering all the evidence from the investigation as well as other things such as length of service, previous offences, in character? etc etc.

Once you have stated the offense, describe the length of the sanction and what happens next (i.e. any further breaches of this nature will be investigated and may result in further disciplinary action and could ultimatley result in your dismissal). Tell them why you have decided on this sanction....i.e. misconduct offence, or not acceptable behaviour etc. At this point you could also give timelines/targets for improvement. You may wish to consider a capability programme instead of disciplinary (ask me if you want to know more about this).
Make sure that you give them the right to appeal, and make sure that you send them a letter detailing the events as soon as possible.

There is so much to know about Disciplinary Procedures and is a minefield for legislation, but can only write a little bit here!....let me know if you want me to go into further detail on any of what I have said....

Good Luck with it all!

Answer 5

My way of dealing with this is to give the person an interview making it clear what the interview is about. Clearly state what he/she is doing wrong, giving specific examples and evidence of incorrect working or bad behaviour. Ask for an improvement and get the person to agree what they are going to do to improve and over what period - 3 months is good to start. Follow this up with a formal letter to him/her covering what has been agreed. After this agreed period in question. Review progress with a follow-up interview covering the period - make sure that every transgression is recorded and then follow with the next step if no improvement is forthcoming. The key is to be firm but never vindictive as to allow a defence of victimisation.

Answer 6

You have to be careful with this one otherwise you might find yourself in bother. As unfair as it might sound the employee is well protected these days when it comes to correct protocol in the workplace.
I recommend that you contact an organisation called ACAS (tel: [phone]). This is a free and professional service specialising in dealing with employment problems. They'll tell you exactly how to handle this situation and if necessary how to put a letter together.

Answer 7

First go to your Human resource person and see where you stand legally. Let them know that this person is not only a bad worker but bad example. Explain that he is disrupting the other workers and causing bad feelings because the others see what he is doing and getting away with it. Why is he getting away with it so often? If he has a friend in high places you may have a problem. Give Human Resources all your information and let them handle it. If any other workers start acting up let HR know what happing.

Answer 8

Write a business form letter stating his infractions including proof. Don't make it personal or look like you're out to get him. I'd also run it by HR and get the lawyer's take on it as you don't want him to bring a lawsuit against you or the company.

Un-professionalism must be an option at your place of employment as he's still there.

Answer 9

Go to office.microsoft.com and click on templates. You can download pre-written documents of all flavors from this site, they're free and will work with Microsoft Word or the other Office products. I know I have seen employee disciplinary forms there and all you have to do is take their form and enter in the information specific to your company and your situation.

Answer 10

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