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Security Management
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discharge
Conducting disciplinary
investigations
purpose is to collect
evidence to substantiate, verify, or invalidate disciplinary
issues
as with other responsibilities we've discussed, it must start with a good plan.
includes the who, what, when, where and whys
The investigation may uncover relevant information such as a drug or mental health issue that can and should be dealt with through the Employee Assistance Program, rather than through discipline.
Key elements:
- fair and objective
- consistent in all cases
- designate investigator in
advance
exactly who is responsible can vary. Must be impartial, to avoid bias and prejudice. - type of investigation should
be determined by the alleged offense:
again, must be consistent from one similar situation to another. "depth of investigation should, at a minimum, ensure that the civil law's standard of the preponderance of evidence was achieved." However, to assure objectivity, might also aim for legal standard of being "beyond reasonable doubt," especially if this might result in criminal charges. - do it in timely fashion.
- observe the Weingarten rights standards, which govern an employee's right to have a representative available in a situation where it may lead to dismissal
- maintain chain of custody
this means that a minimum of people should have access to accumulated evidence, it it must be kep secure and confidential through chain of custody - collect both real and circumstantial evidence that may be relevant, and assess its value.
Final report should be based soley on fact, be comprehensive and readable. Must be kept confidential.
Disciplinary sessions:
These should not be used to humiliate or embarrass individual, but to correc the problem. Ways to avoid worker seeing it as punitive are:
- determine whether discipline is needed
- have clear goals for the meeting
- hold it in private
- be calm
- time it carefully
- prepare opening remarks in advance
- get directly to point
- plan on two-way communication
- establish follow-up plan
- end note on positive tone.