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Documenting Discipline                                            (pp. 9-11)



   Why is documentation so important?
    1.    To confirm what did/did not occur (legal)
    2.    Most objective, can review and reconsider
    3.    Consistency


   Why do we use discipline?
     Discipline = “To train (a person) to act according to the
         expected norm”
Documenting Regularly                                 (p. 24)



   How should I document?
     Notebook/Notepad
     Calendar (if electronic mark private)
     Journal in Outlook



   What should I document regularly
     Conversations about work assignments
     Training
     Informal counseling or coaching sessions
     Good work and kudos
     Customer complaints and compliments
     Disciplinary actions (Progressive Discipline)
FOSA+ System
        (pp. 8-9)

F      Facts to define the problem.

O      Objectives that explain to the employee how to resolve
        the problem

   S   Solutions that can help the employee reach the
        objectives

A      Actions you will take if the problem is not corrected

+      Plus your overall efforts to help the employee succeed
Step 1: Facts (FOSA+)
(pp.33-35)


   Avoid Subjectivity & Conclusions
      Remove the accusation


   The 5 W’s
      What happened
      When it happened
      Where it happened
      Who was involved
      Why it happened
Step 1: Facts (FOSA+)      (pp.
36-38)


   Use your five senses
      “I saw…”
      “I heard…”
      “I touched…”
      “I smelled…”
      “I tasted…”
Step 1: Facts (FOSA+)
          (pp. 39-41)

   Third Party Observations
     Be careful
     Confront the individual with
      the information


   Use Witnesses with
    factual information
     Use techniques from
      previous slides
What not to write…
    These individual quotes were reportedly taken from actual employee
              performance evaluations in a large US Corporation.

     "Since my last report, this employee has reached rock bottom.....and has
     started to dig."

 "I would not allow this employee to breed.“

    "This employee is really not so much of a 'has-been', but more of a definite 'won't be'."

 "Works well when under constant supervision and cornered like a rat in a trap."

    "When she opens her mouth, it seems that it is only to change feet."

    "He sets low personal standards and then consistently fails to achieve them."

    "This employee is depriving a village somewhere of an idiot."

    "This employee should go far...and the sooner he starts the better."
Step 1: Facts (FOSA+)                                                      (pp. 76-
77)


     Gather the accused employee’s perspective on the
      situation if it is a third party claim
      1.       Approach using the techniques described
           ○       Five senses
           ○       Facts


       2. LISTEN
         ○  This will likely be a shock to the employee
         ○  Assure them you are only investigating, not accusing
         ○  Take notes and read them back to the employee (Why?)
                    Another good approach is copy your notes from that conversation
Step 1: Facts (FOSA+)
       (pp. 76-77)

   Objectively analyze all the
    facts
     Ensures your information is complete

     Ensures you are proceeding in a fair
      objective manner

     Opportunity to compare situation to other
      disciplinary actions for consistency


   Have a third party review your
    conclusions (VP or HR)
DECISION POINT
  Facts Collected
  Documented effectively
  Analyzed
  Reviewed (with VP or HR)

Decide appropriate discipline
        -   Training
        -   Counseling
        -   Verbal warning
        -   Written warning
        -   Final written warning
        -   Termination
Step 2: Objectives (FOSA+)
(pp. 44-51)


    When writing think:
         Specific
         Positive
         Required
         Complete
         Achievable

    Performance Objectives
       Give the employee a specific behavior pattern to follow

          OR

       Set specific result for the employee to achieve
Step 3: Solutions (FOSA+)
(pp. 51-53)


    “Offering an employee solutions to help
     him or her resolve a problem is one of
     the most important steps you can take.”

    Solutions don’t have to be elaborate,
     just effective.
Step 4: Action (FOSA+)                   (pp. 54-
     56)


    What must be communicated in “Action”?
1.     The specific action you are taking now and
       scheduled follow-up
                  e.g.
               -     Training
               -     Counseling
               -     Verbal warning
               -     Written warning
               -     Final written warning
               -     Termination

2.     The action you will take if the employee’s
       behavior falls short of the objectives.
Step 5: Plus (FOSA+)                                     (pp. 57-
59)


     Stay positive and work as a coach

     Communicate that this is to help not hinder.
       Remember definition of discipline


     This is not punitive
       We are communicating the need to change
       If Actions are not met, you defined the consequences in Step 4
        (Actions)
Progressive Discipline
        (p. 60)

     Training
     Counseling
     Verbal Warning
     Written Warning
     Final-Written Warning
     Termination
   Steps are subject to being skipped at discretion of VP and HR

   Consistency = Managing similar situations the same
     e.g. gross misconduct
NDUS HR Policy 25:
Job Discipline/Dismissal
   If the Progressive Discipline results in the following
    consequences:
     Dismissal from employment
     Suspension without pay
     Demotion to a lower pay rate


   Adhere to requirements set forth in NDUS HR
    Policy 25
Meeting with the Employee
Step 1: Preparation
Video of a poor review (Click Here)


   Be thoroughly prepared (over-prepared)
     Documentation
     Policies
     Etc.


   Make sure your facts are accurate

   Ask HR and/or another manager to be present
     Why?


   Prepare a written FOSA+ Summary as documentation for the
    file
     Add signature lines
Meeting with the Employee
Step 2: The Meeting
1.    Tell the employee why you are meeting
2.    Emphasize the “+” - Plus
      Here to make aware and help


3.    Explain the “F” - Facts
      Allow the employee to ask questions
      Do not argue facts
      If an unknown fact presents itself that raises doubt, put the process on hold
       immediately
      Ensure the employee understands the purpose and facts
     Example Video of miscommunication in the meeting (Click Here)

4.   State your “O” - Objectives
Meeting with the Employee
Step 2: The Meeting
5.       Ask the employee for their suggestions on
         how to improve.
         They will likely match, which is good
         Why?

6.       State your “S” – Solutions
7.       Summarize with your “A” – Actions
8.       Sign and Date the form for the file
         Signature acknowledges the information was shared, not that
          they agree
Meeting with the Employee
Step 3: Follow-up
   Schedule regular follow-ups
     i.e.
      ○ Daily
      ○ Weekly
      ○ Monthly
Citations
   Deblieux, Mike. Documenting Discipline. Virginia Beach:
       Coastal Training Technologies Corp., 1995.
Questions?

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Documenting Discipline

  • 1.
  • 2. Documenting Discipline (pp. 9-11)  Why is documentation so important? 1. To confirm what did/did not occur (legal) 2. Most objective, can review and reconsider 3. Consistency  Why do we use discipline?  Discipline = “To train (a person) to act according to the expected norm”
  • 3. Documenting Regularly (p. 24)  How should I document?  Notebook/Notepad  Calendar (if electronic mark private)  Journal in Outlook  What should I document regularly  Conversations about work assignments  Training  Informal counseling or coaching sessions  Good work and kudos  Customer complaints and compliments  Disciplinary actions (Progressive Discipline)
  • 4. FOSA+ System (pp. 8-9) F Facts to define the problem. O Objectives that explain to the employee how to resolve the problem  S Solutions that can help the employee reach the objectives A Actions you will take if the problem is not corrected + Plus your overall efforts to help the employee succeed
  • 5. Step 1: Facts (FOSA+) (pp.33-35)  Avoid Subjectivity & Conclusions  Remove the accusation  The 5 W’s  What happened  When it happened  Where it happened  Who was involved  Why it happened
  • 6. Step 1: Facts (FOSA+) (pp. 36-38)  Use your five senses  “I saw…”  “I heard…”  “I touched…”  “I smelled…”  “I tasted…”
  • 7. Step 1: Facts (FOSA+) (pp. 39-41)  Third Party Observations  Be careful  Confront the individual with the information  Use Witnesses with factual information  Use techniques from previous slides
  • 8. What not to write… These individual quotes were reportedly taken from actual employee performance evaluations in a large US Corporation.  "Since my last report, this employee has reached rock bottom.....and has started to dig."  "I would not allow this employee to breed.“  "This employee is really not so much of a 'has-been', but more of a definite 'won't be'."  "Works well when under constant supervision and cornered like a rat in a trap."  "When she opens her mouth, it seems that it is only to change feet."  "He sets low personal standards and then consistently fails to achieve them."  "This employee is depriving a village somewhere of an idiot."  "This employee should go far...and the sooner he starts the better."
  • 9. Step 1: Facts (FOSA+) (pp. 76- 77)  Gather the accused employee’s perspective on the situation if it is a third party claim 1. Approach using the techniques described ○ Five senses ○ Facts 2. LISTEN ○ This will likely be a shock to the employee ○ Assure them you are only investigating, not accusing ○ Take notes and read them back to the employee (Why?)  Another good approach is copy your notes from that conversation
  • 10. Step 1: Facts (FOSA+) (pp. 76-77)  Objectively analyze all the facts  Ensures your information is complete  Ensures you are proceeding in a fair objective manner  Opportunity to compare situation to other disciplinary actions for consistency  Have a third party review your conclusions (VP or HR)
  • 11. DECISION POINT Facts Collected Documented effectively Analyzed Reviewed (with VP or HR) Decide appropriate discipline - Training - Counseling - Verbal warning - Written warning - Final written warning - Termination
  • 12. Step 2: Objectives (FOSA+) (pp. 44-51)  When writing think:  Specific  Positive  Required  Complete  Achievable  Performance Objectives  Give the employee a specific behavior pattern to follow OR  Set specific result for the employee to achieve
  • 13. Step 3: Solutions (FOSA+) (pp. 51-53)  “Offering an employee solutions to help him or her resolve a problem is one of the most important steps you can take.”  Solutions don’t have to be elaborate, just effective.
  • 14. Step 4: Action (FOSA+) (pp. 54- 56)  What must be communicated in “Action”? 1. The specific action you are taking now and scheduled follow-up  e.g. - Training - Counseling - Verbal warning - Written warning - Final written warning - Termination 2. The action you will take if the employee’s behavior falls short of the objectives.
  • 15. Step 5: Plus (FOSA+) (pp. 57- 59)  Stay positive and work as a coach  Communicate that this is to help not hinder.  Remember definition of discipline  This is not punitive  We are communicating the need to change  If Actions are not met, you defined the consequences in Step 4 (Actions)
  • 16. Progressive Discipline (p. 60)  Training  Counseling  Verbal Warning  Written Warning  Final-Written Warning  Termination  Steps are subject to being skipped at discretion of VP and HR  Consistency = Managing similar situations the same  e.g. gross misconduct
  • 17. NDUS HR Policy 25: Job Discipline/Dismissal  If the Progressive Discipline results in the following consequences:  Dismissal from employment  Suspension without pay  Demotion to a lower pay rate  Adhere to requirements set forth in NDUS HR Policy 25
  • 18. Meeting with the Employee Step 1: Preparation Video of a poor review (Click Here)  Be thoroughly prepared (over-prepared)  Documentation  Policies  Etc.  Make sure your facts are accurate  Ask HR and/or another manager to be present  Why?  Prepare a written FOSA+ Summary as documentation for the file  Add signature lines
  • 19. Meeting with the Employee Step 2: The Meeting 1. Tell the employee why you are meeting 2. Emphasize the “+” - Plus  Here to make aware and help 3. Explain the “F” - Facts  Allow the employee to ask questions  Do not argue facts  If an unknown fact presents itself that raises doubt, put the process on hold immediately  Ensure the employee understands the purpose and facts Example Video of miscommunication in the meeting (Click Here) 4. State your “O” - Objectives
  • 20. Meeting with the Employee Step 2: The Meeting 5. Ask the employee for their suggestions on how to improve.  They will likely match, which is good  Why? 6. State your “S” – Solutions 7. Summarize with your “A” – Actions 8. Sign and Date the form for the file  Signature acknowledges the information was shared, not that they agree
  • 21. Meeting with the Employee Step 3: Follow-up  Schedule regular follow-ups  i.e. ○ Daily ○ Weekly ○ Monthly
  • 22. Citations  Deblieux, Mike. Documenting Discipline. Virginia Beach: Coastal Training Technologies Corp., 1995.

Editor's Notes

  1. Analyze data – Example: Employee builds wall in 7 days, standard in community is 5 days.