Policy Manual

 
  7.MEP.19  

Disciplinary Procedures & Dismissal for Cause      

Type: Procedure                 Category: Human Resources                 Level: Community Care 

Parties: Community Care Employees and Contractees

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Supporting References: 

Parent Effective Date Approval Level Revision Dates Last Reviewed
N/A  5-1-1997  Management Team  6/09  6-1-2009
Related Document Code Related Document Name Type

Procedure:  .

1)       INITIAL INTRODUCTORY PERIOD:

a.       All employees are employed on the basis of an initial six month introductory period for the purpose of determining suitability for the position and demonstrated ability to operationalize Community Care values and standards.

b.      This introductory period may be extended at the discretion of the supervisor.

c.       Any person failing to complete their introductory period satisfactorily may be terminated without advance notice.

d.      However, during the time of the introductory period, the supervisor is extraordinarily vigilant to the needs of the new employee in regard to training, coaching, supervision, and other problems of adjustment.

e.       An extended period of absence (more than one month) is not counted as part of the introductory period.

2)       UNSATISFACTORY WORK PERFORMANCE:

a.       When a supervisor becomes aware of a performance or behavior problem(s) with an employee, the supervisor will meet with the employee to discuss and document the deficiencies. Supervisors are expected to deal with problems as they arise, to offer direct feedback and problem solving options to the employee, and to document these interventions.

b.      When the employee's performance or behavior is unsatisfactory and does not show the required improvement, the supervisor will present a "Letter of Warning" which will include the following:

                                                  i.      A statement of the problem and/or a list of deficiencies and/or the values, standards, policies or procedures violated.

                                                ii.      Specific examples or incidents that illustrate the concern(s).

                                              iii.      Copies of or references to any previous discussions regarding the deficiencies.

                                              iv.      The course of action expected from the employee (a corrective action plan).

                                                v.      A specified time frame for satisfactorily completing a corrective action plan (period of improvement).

                                              vi.      A notation that failure to meet stated requirements within the period of improvement or the onset of further performance or behavior problems may result in further disciplinary action up to and including termination of employment.

c.       The "Letter of Warning" will be used as the basis of a performance discussion. Following this discussion, the employee will be given the original and asked to sign an acknowledgment of the letter. The supervisor should also sign the letter and indicate when it was discussed with the employee. A copy of the letter will be maintained in the employee�s personnel file.

d.      If at the end of the "period of improvement" the employee's performance and/or behavior does not improve as required, the supervisor may recommend that the employee be terminated. This recommendation must be approved by the Program Director, Executive Director and Human Resources Manager. After receiving final approval, the supervisor shall inform the employee of his/her termination. All letters of termination must be sent or approved by the Human Resources Manager.

3)       MISCONDUCT: Any employee who commits any act within Community Care or the community which is in conflict with Community Care's policies, or which impairs his/her effectiveness as a Community Care employee, or which affects the welfare of any Community Care client or other staff, may be disciplined. This discipline includes, but is not limited to suspension with or without pay, or termination from employment without advance notice. Termination for reasons of misconduct does not require advance notification to the employee. Termination of an employee for misconduct must be approved in advance by the Program Director, Executive Director and Human Resources Manager. A supervisor may suspend an employee during a review of a recommendation to terminate for misconduct.

a.       Misconduct shall include but not be limited to the following:

                                                  i.      Insubordination.

                                                ii.      Material misrepresentations on job application or other Community Care forms, documents, or records.

                                              iii.      Stealing from Community Care, its employees, or its clients.

                                              iv.      Borrowing from clients.

                                                v.      Sexual harassment of Community Care clients, staff or contractees.

                                              vi.      Disaffection in the form of open criticism of Community Care services and activities in public or through the public media.

                                            vii.      Violation of a client's right to privacy.

                                          viii.      Abusive actions to Community Care clients, staff or contractees.

                                              ix.      Misuse of position or authority for personal benefit.

                                                x.      Conviction of a crime.

                                              xi.      Willfully or irresponsibly jeopardizing the health and/or safety of Community Care clients.

b.      Any warned, disciplined, or terminated employee may utilize the Employee Grievance Procedure.A grievance concerning disciplinary action or termination must be submitted in writing with the grievant's immediate supervisor with five (5) working days of the action.