Job Abandonment?

LindaS

A situation was brought to my attention last night and I'm not quite sure how to handle it...

We have an employee on 2nd shift who decided to punch out and leave WITHOUT notifying ANYONE that she was leaving. The supervisor had to go into the timeclock system to find out she was gone after spending approx. 1/2 hour looking for her. Unfortunately our Attendance Policy does not specifically state what will happen should an employee engage in this type of behavior so I'm not sure what type of disciplinary action should be taken. Our attendance policy addresses a no call/no show if an employee does not notify their supervisor of their absence within one hour of the start of the shift but says nothing about leaving work without notifying someone. This has not happened to me before at this company so I'm hoping for some guidance.

Thanks.

LFernandes

I would start by talking to the employee. Did she receive an emergency phone call. Was she ill? Why did she leave without telling her supervisor? If you have a progressive discipline policy in place, start with step one and counsel the employee by telling her that she must tell her supervisor if she is going to be late or leave early. If it happens again follow your discipline policy. Just keep in mind that if this is the 1st time, you are setting precedent for future infractions.

I would also put a policy in place. I have a sample one if you are interested in it.

LFernandes

LindaS

I would appreciate getting a copy of the policy. My email is [email]LindaS@Merrill-Mfg.com[/email].

Thanks.

djacobs475

Our policy does not cover such a case. Sounds like yours does however.
I would appreciate seeing your sample policy. Please email
to: [email]djacobs@teamist.net[/email].

Thanks.

Don D

Regardless of her reason for this action, sanctions should apply based on a policy. Most I'm familiar with are 'points based' and charge a point or a half point for working less than 8 hours but more than 4. Or, charge a half point for clocking late or leaving early. I've also seen most 'clock shops' have a policy statement about 'leaving the work area without permission', 'leaving the facility' and 'abandonment of assignment'.

One of the first jobs I ever had, in college, I decided to punch out sick one night and go goof off without advising anybody. I came in the next evening and my time card was gone. So was I. I don't recall anybody asking me if I had received an emergency call or if I was having a bad day. But I think they did ask where I wanted my check mailed.

HS

I'd call it insubordination...depending on your disciplinary process...and if this is a first time offense, go with the counseling route. Explain to the employee that, even in an emergency, you need to notify a member of your management team that you need to leave. Remind the employee that this is unacceptable behavior and further infractions will result in further disciplinary action, up to and including termination. Typically, most policies address counseling, verbal warning, written warning...then depending on the nature of the infraction, suspension and/or termination.

Good Luck!

LindaS

Well we just received a call from the employee who explained that she left because she was angry at the supervisor. Apparently there was some issue regarding job assignment so she got ticked and decided to leave. She also admitted that she failed to notify ANYONE that she was leaving - just punched out and walked out. This is an employee who has had several instances of this type of behavior, although this is the first time she failed to notify anyone.

In my frustration, I feel that this amounts to a "quit" but my plant manager who is much more lenient (sp?) that I feels that she should just receive an oral warning. I don't feel this is adequate and would be willing to settle for a 3-day suspension but we also are unionized so he is concerned with a grievance (the attendance policy is NOT part of the contract) being filed. I have no problem fighting this type of grievance and feel that there is a increasing attitude of "prima donna" throughout the facility and something needs to happen to remind ALL employees that this is a job and there are rules and regulations to follow.

Am I being too harsh?

Margaret Morford

I don't think you're being harsh. The reason she feels free to just clock herself out is because she's not been made to suffer the consequences. This is the perfect one to go toe-to-toe with the union on. You shouldn't be afraid to take on the union when you have good grounds. It will mke them less likely to grieve you in the future.

If you don't do something more drastic than an oral warning expect other employees to begin doing this as well. The clear message the company is sending by not addressing this is that if you don't like something about your job, feel free to clock out and go home.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

LFernandes

[font size="1" color="#FF0000"]LAST EDITED ON 05-30-03 AT 09:02AM (CST)[/font][p]I'd consider her walk out as a quit but since there is a Union involved, things may get more complicated. You certainly shouldn't back down on your discpline of her especially since she has had several instances of this type of behavior, although this is the first time she failed to notify anyone (has any of this been documented??).

How is your relationship with your Union Rep? If it's a good relationship, I would call him/her and explain what happened (prior to disciplining the EE) and see what (s)he says (not to change your mind, just to see where the Union would stand on something like this). You'll no doubt get a grievance, so be sure to document everything. Does your CBA have progressive discpline in it?

Good luck!

LFernandes

ray a

When the employee did call in, did she making any reference to quitting? Did she indicate she would be back in to work? In NY, the labor courts will take employee intent into consideration. If they appeared to be just cooling off because they were angry and their intent was to return, then the court will side with the employee. They could be eligible for UI if terminated.

Our policy states that an employee is subject to discipline, including possible discharge for "Leaving work before the end of a workday...". It also says termination is possible for "Insubordination or refusing to obey instructions properly issued by your manager...".

Since she has a history of uncooperation, I would skip the verbal warning and issue either a written warning or even a 3-day suspension depending on the details of the case. No, you aren't being too harsh.

Whatever

We are also a union shop. However, this strikes me as insubordination. If the ee was given a legitimate order, she had to comply. Walking out is inexcusable. She should be suspended, in writing,and warned about what will happen at the next occurence of either walking off the job or insubordination.

Don D

I agree with Margaret's comments. It is also good that your "attendance policy is NOT part of the contract". It should not be. It should however be referenced in the contract and elsewhere the contract gives the company the sole authority to design, change or do away with it. I have learned the hard way never to try to call and cozy up to a union rep. Regardless of how you perceive "your relationship with your union rep", they have a sole/vested interest and it is not going to coincide with yours or the company's in the final analysis. I would not contact him/her. I recommend you write her up or suspend her or terminate her, based on your analysis of your documentation and her history, and let the grievance come as it may. The plant manager is definitely moving in a direction that the union will certainly love and use to their advantage moving forward.

LFernandes

I guess I had the rare instance where we actually got along with our Union Rep. It probably helped that he used to work for the company.

In any event, I wouldn't back down on my discipline. Just have your ducks in a row when they come busting into your office hooting and hollering because they weren't notified, especially if you end up terminating her.

pecohr

I would like to add that if you do not discipline now the Union will throw this in your face as a past practice the next time you want to legitimately do discipline on another ee for a similar problem. Do the appropriate discipline now and deal with the grievance thus setting up the past practice issue in your firms favor.

BTDT,
Stuart

LindaS

I have been notified that a "group" meeting was held with upper management and the decision that was reached was that this employee would receive a formal warning with written documentation that a repeat of this offense would result in her immediate termination of employment. She is also being assessed a "point" in accordance with the attendance policy. I'm not sure if I agree with just a written warning but upper management does not want to have to fight this out with the union, end up losing, and have to pay backpay for time not worked.

Thanks for all your advice.

Don D

Linda: I'll make two points. (1) It is indeed unfortunate that 'upper management' at your company would have a meeting on this subject and exclude you from it. If you're not pissed off, I'll be pissed off for you. Your input in that meeting would be critical. Excluding you is indefensible and unbelievable. (2) If the 'upper management' views this piddling, obvious situation as one they want to shrink from and not 'fight' with the union, God help them when a really tough issue surfaces. This was a no-brainer and a no-loser issue for the company. Good luck. PS: It is not essential that you use high quality paper for resumes.

Whatever

Anytime there is a disciplinary action, there is a possibility of a grievance and the emplooyer losing. If management has to live in fear of what unions will do, the union will run the company and not management. I agree with Don D. However, I might have given a 5 day suspension and settled with union for one or two days plus a written warning.

Hunter1

I agree with Don about the need for your inclusion in this meeting of 'upper management'. You need to be the clearinghouse concerning discipline so that it is consistent across your organization. I have a rule in my shop that no one disciplines an employee without clearing it with me first. (Admittedly, we have a fairly small shop) Even in egregious cases, the supervisor will suspend an employee pending an investigation until we can meet and determine what to do. And, speaking of an investigation, what I might have done in this case is to call the ee and a steward into the supervisor's office and 'investigate'. Let the steward hear the ee say that she didn't make any attempt to let anyone know she was leaving, and her reason for doing so. Then I call a 5 minute break in the procedings, and come back and issue the discipline that we've decided on with all the information available. If there's a grievance later, I put the steward on the stand as a witness. "Did the employee say why she was leaving?"

LindaS

Thanks for all your replies and here's an update...

Employee comes in for her shift and she is called into the plant manager's office. Present are myself, the supervisor, plant manager, union rep. and her. She gets the warning and is told that another incident like this would result in her termination. Her response? Among the verbal assault to the supervisor, she inquires why she should have to "hunt down" the supervisor to notify her that the ee is leaving. She also proceeded to inform all of us management personnel that we walk around the plant like we are better than everyone and that we don't care about the employees as long as they are "pumping" out the work. She was promptly informed that if we didn't care, she wouldn't be sitting in the office but would be cleaning out her locker. After some more discussion, she refuses to sign the warning and is sent back to the floor.

A little while later, the supervisor was doing her job, checking parts and comes to this ee's machine. The ee promptly starts in again with the supervisor wanting to know why she "lied" in the meeting, etc.. The supervisor asks her to hand her parts sheet over and the employee's response "get it yourself".

After finding out about this we (plant manager and myself) realize a HUGE mistake was made in not terminating her right away so we made the decision to send her home with a disciplinary suspension and that it would be dealth with further on Monday. Maybe not the best decision but we want to make sure the final decision is not made in the heat of anger.

She has since left but thinks the whole thing is funny - she was seen joking about it with her significant other (another problem employee) as she was walking out.

What a great way to end a Friday!!!

LFernandes

At this point - terminate her. I hope you weren't sending her home with pay.

Good luck and don't worry about it over the weekend. Monday will come soon enough.


LFernandes

LindaS

NO PAY!!! Nothing comes in the way of a weekend!!

Thanks.

PS I received your policy and will be addressing this "oversight" in ours next week. Have a great weekend!

LFernandes

Thanks - you too.

LFernandes

Don D

If this were me in your shoes, and operating from the policies of the last union environment I was in, I would call her in Monday, tell her that during the suspension, a complete investigation had been undertaken and duly considered and a decision has been made to terminate her performance. Tell her the immediate, last straw reason for the termination is the insubordination that occured on Friday when her supervisor asked for a document and she refused to produce it, saying, 'get it yourself'. Tell her this is unacceptable conduct and the company will not tolerate her conduct and she is hereby terminated. You seem to have ample documentation and meetings with the union rep present and now a suspension following a last event and now termination is in order. Not the neatest row of ducks I've ever seen, but they are all quacking in unison nevertheless. Every breathing soul in your facility is watching keenly to see how this one will be handled today.

LindaS

Another update:

As I was leaving on Friday, I ran into the Manufacturing Director who had previously been made aware of the latest series of events. His response was that he wants her to receive a "last chance" agreement that specifies any further incidents of insubordination will result in her immediate termination. I felt termination should be in order but he wants to provide her one last chance to come around.

This morning I presented the union president with a copy of both the warning she received for leaving work as well as the notation regarding the disciplinary suspension on Friday. He questioned why she was sent home without pay and why the union rep. who was present allowed this to happen. I informed him that I did not want to discuss it on the floor and am awaiting his coming to my office to discuss it in more detail.

Will keep you posted.

Don D

He questioned why
>she was sent home without pay and why the union rep. who was present
>allowed this to happen. >


Your response to that should have been, "You might talk to the union rep to determine why he/she did what he/she did. I don't have the answer to that." In answer to the other question about why you sent the ee home without pay, I would say, "That is a right the company has." or "That is not in violation of the provisions of the contract." You are under no obligation or expectation to engage in these sorts of back and forth questionings of your company's actions and decisions with union reps.

I don't by any means advocate pushing an adversarial relationship with your union. However, neither do I advocate them continuing to jerk you around like they seem to be doing. Know your contract inside-out and abide by it. Also bow up and enforce discipline when you need to. One problem you have, though, is spineless plant supervision and leadership and uncommitted upper level management.

Rockie

Linda: There you go. At least you were validated in your first inclination to go ahead and terminate the employee.

There are certain types of behavior that are not acceptable and walking off the job without notifying anyone is one of them in my opinion. I cannot,for the life of me, see how anyone could make a defense in favor of the employee in this instance.

The person's true attitude and personality came through in the disciplinary meeting and the behavior exhibited afterwards.

By the way, it would be unacceptable to me as an HR Director to be excluded from a meeting having to do with disciplinary measures against any employee. If you management wants to make these decisions, they should have to take the consequences of also cleaning up the mess they make when dealing with employees.

Balloonman

Since I have a pocketful of change......here goes :-)
First, when you have issues like this just terminate the employee. It really does not matter what discipline you issue an employee like this will have the union file a grievance. Second, when you term them you know it may not hold, but you can be willing to compromise with the union, say okay we will bring her back but time off will be unpaid suspension. Stick to you guns on this. I have on occassions in the past termed employees in a union environment so I could get the suspension to stick, knowing it would be my fall back of being reasonable. I am shocked to hear you have a spineless manufacturing director. Once I have had would have fired initially and not worried about it.
My $0.02 worth.
DJ The Balloonman

WOCO Frank

You missed out on one great opportunity to legitimately terminate a problem employee. Don't miss this one.

Pork

Leaving the work site without punching out is punishable by an immediate termination, as "position abandonment". Now given there is some admitigating circumstance we would temper our reaction to the total person and her value to us as a company. Is she worth saving? If the response is yes, then go with a verbal or written discussion warning.

Pork

LFernandes

Any update on the situation??

LFernandes

LindaS

Update...

We (the Plant Manager and myself) met with the employee on Monday and, while a rather long and drawn out discussion ensued, the employee was provided the final warning/last chance agreement. When she realized that we were not going to back down, she became quite cooperative and agreed to interact with her supervisor, in her words, "respectfully" in the future. So far, so good.

We also discussed the entire issue with the union president, as he received copies of the warnings. He feels that we should have mandate some type of EAP counseling for the ee but I disagreed and feel that if the employee wants to seek counseling, she should take the initiative. So far, no grievance.

Regarding the whole failing to leave work issue, I spoke with the Manufacturing Director who feels that putting this into some type of written policy will limit us in the future should this situation happen again. He wants to be able to handle it on a case-by-case basis instead.

Thanks for your continued interest as well as all your help.
We'll see what happens.