House Fire

LindaS

We have an employee who got to the point of termination due to absences last year. At the request of our union, and because it was a new attendance policy, we offered the employee - on a non-precedent setting basis - one last chance. Our attendance policy works on a rolling year (points assessed for absences do not drop off until one year after they were taken). Because of this he is still in an attendance crunch. In addition his vacation renews on his anniversary date which is in November and he has already used all but 1/2 day since he received his vacation last November.

Here's the problem...

This same employee recently had a house fire in which his house was deemed a "total loss". At the time we gave him a voluntary layoff, without having to make any exceptions, for about 1 1/2 weeks. He returned to work on Monday but is now in need of additional time off to meet with contractors, etc.. We have a flextime policy in place but it appears he is not making use of it. I have just been asked by his supervisor if we can give him another layoff (this one would be for 2 1/2 weeks) although the employee himself has not requested this.

If the employee does not take the voluntary layoff and does not utilize the flextime policy, I feel that I don't have any choice but to assess him points for his absence which will quickly cost him his job. I don't want to be a hardnose but I don't know what other options I have open. I can't give him a leave of absence because it would be unpaid and he needs the money right now.

Any suggestions?

Don D

Linda: From your post, it appears you have really tried your best to work with and accommodate this employee and you have done so trying to avoid setting precedents. You also have a union in place. That fact alone is enough to tell me you should stop the presses and go with a firm administration of your attendance policy. Union officials and employees have an uncanny ability to recall for several years that certain employees got this or that and had no points applied and now I expect the same or you will see a grievance and later, an arbitrator. The man can meet with his 'contractor' at night or before coming in to work or some time that your flex policy will accommodate. I would tell the employee that the Company regrets his dilemma and that we have diligently tried our best to work through these issues but cannot grant additional consideration and must apply the rules of the attendance policy. PS: In agreeing with the Union to let the policy slide for a brief time "since it was a new policy" you in effect granted an interim period when infractions could be overlooked. Be sure you applied that same logic to other infractions that occured during the same period, or expect to hear from it later. x:-)

Mentel

You need to lay out where he stands in relation to his absences and vacation. Let him know exactly what he has left before he is fired. Lay out the flex schedule. Do this in writing. Get him to sign and give him a copy. Then let the chips fall where they may. You have given this guy every opportunity to get his life in order. There has to be consequences to the decisions that we make. Let him make the decision here. You can then proceed with the consequences.

Balloonman

I agree hold him to it, and when he points out fire him. Then the union will file a grievance. At that meeting pull out his attendance record. He will say you are firing me for my house burning down. Then say no we are not firing you. He will perk up smile and seem happier thinking great I am getting my job back. Then explain that he was terminated per the attendance policy for excessive abscences during the last year. In fact he should have already been terminated and was given some slack. Emphasis that he is not being terminated for one abscence but the pattern of regularly missing work. His termination was because of his own failure to come to work, he got himself fired, the company did not fire him.
Then go back through the absences, do they call in and give a reason? Sick, don't feel like working today, personal? Either way go back through the days missed and ask why he missed that day. Count up the total days, again mention the slack already cut, and include the layoff given to help him out. You might even look at past years attendance just to demonstrate it isn't just one bad year if that holds true.
My mentor said, the last time they miss, that causes them to be terminated is always for a good reason. That is all they want to focus on, not the previous 14 times they missed cause they were hung over, did not feel like it or whatever.
I have done this and it can be quite fun! In a union environment I terminated and individual who had twice as many points as our system allowed. That was in 1995, and to date is still my favorite termination! (That sounds bad, but you had to be there, the union steward had a big smile on, he understood)
My $0.02 worth.
DJ The Balloonman

Don D

DJ: Although I don't disagree with your basic recommendations, you frighten me with your enjoyment of terminations. Fun? Favorite Termination? Get him to perk up and smile, then fire him? Maaannnnnnn.

Just my $0.02 worth.

sonny

Perhaps we could start a new thread. ."Your favorite termination" I must admit there were 2 that I enjoyed. .

Parabeagle

I can certainly remember my LEAST favorite, thanks to the good ol' concept of employment-at-will.

Whatever

Rule #1 when you have a union - if you make an exception once, it will haunt you forever. Unions like to bring up precedence. You already gave ee one last chance. How many last chances do you want to give them. In reality, sometimes we have to do things we are uncomfortable with, but that is what you are being paid for.

Don D

I totally agree with you, Whatever. I have read on this Forum quite a few posts, even some by attorneys, suggesting we 'Get the Union to go along with a contract deviation' or 'As long as the Union will agree to give this employee another chance' or 'If the union will sign an agreement letting you transfer this employee into...'. I don't know what unions those posters have been affiliated with or worked with, but, I have not got that level of confidence in the Brotherhood of Electrical Workers. They will most certainly bring any such thing up later as an expected precedent having been set. I'm n ot wanting to sound cynical or negative here, regarding unions. It's just that life teaches us lessons that theories might not teach.

LindaS

I want to thank everyone for their response and I agree with what was said regarding creating precedent in a union environment. Luckily this employee took the voluntary layoff that was offered to him which DID NOT create any type of precedent so I'm "off the hook" for the next couple of weeks. Hopefully when he returns things will be settled enough that I won't be placed in a position of having to terminate due to his attendance.

Balloonman

LOL, Don, I knew I should not have said that but you had to be there. The guys first name was Famous! He had an excuse for everything. Turned out he was incarcerated, and was being released to come to work. But to his credit he did tell us that is wasn't his fault.
I do not like terminating employees typically. However those that have long abused the system and no one can get rid of, I take great pleasure and pride of eliminating those problems. The very first one I thought other employees would be mad, they came up and thanked me. Now that was wierd.
Don are you telling me you have never enjoyed terminating a problem employee?
My $0.02 worth.
DJ The Balloonman

Balloonman

Linda I have $10.00 says he never makes it to his anniversary date!
DJ

LindaS

I never take a bet with SOOO many odds against me!

Don D

No, I am not telling you that at all. When I was younger, I went through a few stages of seeing part of my job as a contest between good management and bad employees. In those days I foolishly found a sense of enjoyment in more than a few terminations. Over time I realized I was wrong to view anyone's termination as a joyous occasion. I realized what I viewed as enjoyable was really a selfish, twisted sense of accomplishment at somehow having 'won a battle' between 'the office' and a 'less than human' thorn in our side. Over the years, the enjoyment reduced to almost zero when I finally woke up and realized that for me to completely and totally turn somebody's life and world and family upside down should be anything but pleasurable. Maybe it was age, maybe it was maturity, maybe it was realizing my own sense of vulnerability and realizing I was not the bulletproof person I thought I was when I was younger. Maybe it was watching my family grow up and encounter our own situations that made me realize everybody is valuable, no matter how much they piss me off, no matter how useless society or a company determines them to be. I find no pleasure at all now in terminations, ever. I think it's a bit like the guy who was a warden for a long time at our state prison at Parchman. He now says after going through all the executions, dropping all the pellets and pulling all the levers, over time, he finally became repulsed by it and anything but enjoyed it as he once thought he had. So there's my confession for the month. Maybe I'm a bit more human than you guys think.

sonny

Enjoyment/favorite were a poor choice of words on my part. Did not intend them in the sense of Rightous Employer mentality. Perhaps termination for which I was most grateful would have been better or terminations I never felt bad about. One case was an ee who we believed was conducting himself inappropriately with a couple of our females clients who had mental illness. No greater sin in my former profession. It is inexcusable. We were unable to substantiate for a long time, but finally did. I did not feel one ounce of sympathy for him as I sat across the table and told him good bye. (and remember, I am the bleeding heart social worker here) The other was similar but a harrasser/stalker type who was so slick that it made my skin crawl. Those were the types I was refering too.

Balloonman

Possibly poor choice of words by both of us. Don, I do disagree with saying that terminating them is for us to be totally turning their life and family upside down. None of us go looking to fire people, they earn their termination through their actions. Think about that. But not for their ridiculous and inappropriate behavior we would not do it. I know of one case where it helped an immature individual straighten up.
Again it is different then lay offs, as one who has been down sized three times, I know how stressful that can be.
Either way I should probably let sleeping dogs alone, I am not trying to get in a war of words with you Don. In my short time here on this board there have been a number of posts from you that I thought were brilliant. You do have a few more years then me, and that no doubt makes a difference in our perspectives. Have a great weekend.
DJ The Balloonman