SECTION 11.25
PREDISCIPLINE CHECK LIST
Prior
to taking disciplinary action for a work rule or policy violation or for
deficiencies in work performance, review the following check list. This list captures the basic tenets of just
cause. If the answer to a question is
“no,” there may be a need to correct that situation before issuing discipline
or to reconsider the pending disciplinary action. If disciplinary action is taken before these
issues are resolved, employee morale may be damaged and the discipline may be
overturned or reduced.
Work Rule or Policy Violations
1. Has the rule or
policy been published?
Yes £ No £
2. Was the
employee informed of the rule or policy, either through posting or receipt of a
copy?
Yes £ No £
3. Does the
employee understand the rule or policy?
Yes £ No £
4. Is the rule or
policy reasonably related to the orderly, efficient, and safe operation of the
employer’s business, and the performance that the employer should properly
expect of the employee?
Yes £ No £
5. Did the
employee have forewarning that violation of the rule might lead to disciplinary
action?
Yes £ No £
6. Has the rule or
policy violation been carefully investigated, including a discussion with the
employee?
Yes £ No £
7. If other
employees have violated the rule or policy, were they disciplined?
Yes £ No £
8. If other employees have been disciplined for violating the rule or policy, is the intended discipline consistent with the disciplinary actions previously taken against other employees?
Yes £ No £
9. Is the intended
discipline consistent with progressive discipline principles? (see Section
11.10)
Yes £ No £
10. Has each step
in prior progressive discipline been properly documented with a factual,
written record showing the steps taken by the agency to correct this employee’s
improper conduct?
Yes £ No £
11. Is the degree
of intended discipline reasonably related to the seriousness of the offense and
the record of the employee?
Yes £ No £
1. Does the
employee’s performance plan reflect the performance standard(s) in which the
employee is deficient?
Yes £ No £
2. Is the performance standard reasonable?
Yes £ No £
3. Was the
performance plan given to, discussed with, and signed by the employee at the
beginning of the evaluation period?
Yes £ No £
4. Did the
employee understand the performance standard(s) expected?
Yes £ No £
5. Have all
employees with the same performance standard(s) been treated similarly for
deficiencies?
Yes £ No £
6. Has the
violation of the performance standard(s) been carefully investigated?
Yes £ No £
7. Has the
employer provided the appropriate training to facilitate the employee’s ability
to perform the standard(s) as expected?
Yes £ No £
8. Has the
performance deficiency been discussed with the employee, and has the employee
been told what is expected in order for the standard(s) to be met?
Yes £ No £
9. Is the intended
discipline consistent with the disciplinary action previously taken against
other employees for similar performance deficiencies?
Yes £ No £
10. Is the
intended discipline consistent with progressive discipline principles? (see
Section 11.10)
Yes £ No £
11. Has each step
in prior progressive discipline been properly documented with a factual,
written record showing the steps taken by the agency to correct the employee’s
performance deficiencies?
Yes £ No £
12. Does a factual
written record exist that documents the failure to meet the performance
standard?
Yes £ No £