A.Description of presentation:
1.Describe incident
2.Describe present outcome and likely future
3.Discuss underlying reasons for how we got there
4.What could have been done differently?
5.Recommendations going forward
6.Post script—just another thought
B.Take a tour of Beach Electronics and meet “Mary”
1.Employment History
a)9 years employee
b)6 years “model,” exceptional, loyal, dependable
c)3 years attendance problem: 12%, 19%, 27.2%
1)Genuine, verifiable and/or work-related injury, unlike other absent employees
d)Performance reviews were ALWAYS above average
C.The “Event” that made things boil over
1.Employer Case
a)Poor attendance was unacceptable
b)“You were aware of the problem”
c)Verbally discussed attendance problem
d)Refusal indicates lack of concern for job and for welfare of company
e)Refusal to work caused termination
1)Requested to work Saturday with 2 days notice
2)Declined to work Saturday
2.Employee Case
a)Overtime not included in job description
1)Do not dispute refusal to work Saturday
2)Not required to disclose reasons for non-work-time activities
b)Never officially warned, never warned in writing
c)Employment manual states, “Non-attendance employees will be warned before being terminated”
D.What is the likely outcome? (evidence, laws and educated guess)
1.HRM guidelines, etc. and laws require
a)Clear explanation that the job requires Saturday work
b)Warning of absenteeism problem in writing
c)Progressive discipline
d)Procedure
1)Supervisor and Manager terminated Mary without (apparent) consultation with HR
2.Alternative Dispute Resolution
a)Types
1)Step Review—pre-established steps, usually 4; successively higher levels of management. CEO/HR, etc. final
2)Peer Review—equal numbers of management and employee representatives function as jury
3)Open Door Policy—Various managers willing to listen
4)Ombudsman—designated individual from whom to seek counsel
5)Mediation—impartial neutral 3rd party. Unlike arbitrators, mediators have no official power
6)Arbitration—usually paid. Court-like. Binding.
b)Mary won
1)Beach did not provide clear job requirements
2)Beach did not provide warning
E.The beginning of the problem
1.The problem began much earlier. How did we get there? How could it have been avoided?
2.Successive good reviews and no written evidence of attendance issue
a)Avoid personal contact—People tend avoid difficult interactions. This is a frequent cause of communication breakdown
b)People (esp. boss-subordinate) need to:
1)Be open to other’s perspectives
2)People need to: establish priorities / examine tradeoffs
3)Talk specifics
4)be frank about other’s interests
5)assess conflicting interests
3.What could have been done differently?
F.What to do now
1.Where are we?
a)Face the situation—Beach Electronics will likely lose an Arbitrated or Legal fight.
b)Admit that the situation was mis-managed to date, and begin immediately to manage correctly
c)Realize there are two problems:
1)A difference of understanding of attendance requirements (Mary)
2)A manager and supervisor who have demonstrated they cannot manage difficult interactions
2.Where to go?
a)Reinstate Mary
b)Discuss with her plainly the terms of her employment going forward. Explain requirements in exact and unambiguous terms
c)Be open to her perspective: why have there been so many illnesses and injuries? Is she suited to this job? What latitude for mutual accommodation is available to Mary and to Beach Electronics?
d)If agreement is reached:
Discuss mutual expectations, write it down, both parties sign. Establish and schedule follow-up sessions, wherein clear feedback will be exchanged.
e)If agreement is NOT reached:
Discuss Company expectations, write it down, both parties sign. Establish and schedule follow-up sessions, wherein clear feedback will be exchanged. Clearly indicate how performance will be evaluated, and what action will be taken if expectations are not met.
G.Post Script
1.Culture—is it the policy of Beach Electronics to help their workers? (and thereby, retain them) Mary worked for 9 years, slipping into troublesome patterns of attendance toward the end without availing herself of company support. Personal issue? (could EAP help?) Health issue? (could wellness policy help?) Personality issue? (could counseling help?)
- Is Beach staff sufficiently equipped to guide workers to available benefits?