ADMINISTERING CORRECTIVE DISCIPLINE

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ADMINISTERING CORRECTIVE DISCIPLINE

• State of Wisconsin Classified Employees

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Topics

• State Policies
• Legal Requirements
• Procedures
• Attendance Problems
• Sick Leave Abuse
• Performance Problems

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Presumptions of Discipline

• Discipline is neither an art nor a science its
  just hard work.
• Discipline has no absolutes -- thats for sure.
• If you enjoy discipline, you probably wont be
  very good at it.
• The more discipline is based on your emotions,
  the greater your chance of making mistakes.
• All discipline will be appealed.

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Discipline means To Teach

• The State has a policy of corrective,
• progressive discipline
• The least amount of
• discipline deemed necessary to correct the
  misconduct.
• Applied in a sequence of progressive
  seriousness for repeated misconduct.

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Work Rules

• Rules promulgated by the Employer within its
  discretion which regulate the personal conduct of
  employees as it affects their employment except
  that the Employer may enforce these rules outside
  the normal work hours when the conduct of the
  employee would prejudice the interest of the
  State as an Employer.

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Employee Rights

• The law assumes that classified
• employees who are not on probation
• have a property right in their
• employment and may not be deprived
• of that property right without just
• cause.

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Standards of Just Cause

• Notice - Was the employee aware of the standards
  of conduct and performance?
• Were the standards reasonable?
• Was an investigation conducted?
• Was the investigation impartial and fair?
• Is the evidence reliable?
• Was the discipline reasonable?
• Was the discipline consistent?

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Investigation

• Preliminary
• Administrative Leave
• with Pay?
• Investigatory Interview
• Right to Representation
• Right to Refuse Representation
• Obligation to Answer

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Discipline

• Preliminary Decision
• Pre-Disciplinary Meeting (Loudermill)
• Decision
• Just Cause
• Mitigating
• Medical
• Off-Duty (Nexus)

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Decision (Contd)

• Degree of Discipline
• Oral Counseling
• Written Reprimand
• Suspension
• Discharge
• Other

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Sick Leave Abuse

• Medical Verification
• Suspicion of abuse
• Identified as suspected abuser
• Failure to Provide
• Failure to Report or Remain
• Family Medical Leave Acts
• Chapter 230.37

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Performance Problems

• Gray areas between poor performance and
  misconduct
• Needs to be separate consideration
• Concentrated Performance Evaluation Programs

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Post-Discipline

• Hate the behavior, respect the employee
• Appeals
• Politics
• Settlements
• Arbitration Decisions

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Call Human Resources for Help