Disciplinary Proceedings
sambu
23 Posts
If a physician has released an employee to return to work full-time from previous cancer treatments, what is an acceptable period of time when an employer may begin treating the employee like all other employees in terms of beginning disciplinary proceedings and possibly termination? In this case, the employee, though released from her physician, continues to have attendance problems, a poor attitude and work performance. Must we be overly cautious for six months, twelve months ... ? Thank you.
Comments
I would not let the employee slide on performance, because it will only get worse if it is not addressed. And that let's the employee hold you hostage and let's him or her manage the situation.
Remember, your goal is NOT to terminate the employee. Your goal is to let the employee know what the standards are, so that the employee can reach them.
If the employee does not respond, then termination may be appropriate. This I would treat a bit gingerly -- and probably give the employee an extra chance or two because of the recent return to work.
Good Luck!
When an employee returns to work, that means that he or she is ready, willing and able to work, to the extent that the doctor "releases" him or her. That includes meeting job expectations.
What you may want to do during this process before it gets into strong disciplinary action, is to sit down with the employee and identify the incidents that are causing you concern. During the conversations, ask the employee if she has any explanation for these incidents or behavior. If she raises any issue related to her medical situation or any "adjustment" issue, if you have an EAP recommend that to her, or recommend that she talk to her doctor about her particular problems on "adjustment" or the medical issues.
In any case, you need to keep her on track to meet the expectations in conduct and performance. Again, if she hasn't raised any issue or information which possibly would show a difficulty in meeting them up to that point, ask her "is there any reason that you cannot meet these expectations." This is another opportunity for her to identify any psychological or further medical problems that may be "affecting" her. If she doesn't say anything then along those lines let her know that from then on you do expect her to meet those expectations and that if she doesn't you will hold her accountable in accordance with company policies (discipline or counseling or whatever they call for). If she does raise something, then address it as appropriate, including referring her to EAP or working out training or whatever, but again bring her back to the concept that she is to comply.
A lot of your success in dealing with her will likely depend on your "attitude": Fair and supportive but firm; or uncaring, demanding and threatening.
Sniff...sniff x:-(