Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR...
-
Upload
aylin-herold -
Category
Documents
-
view
216 -
download
1
Transcript of Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR...
![Page 1: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/1.jpg)
Human Resource Best PracticesHuman Resource Best PracticesPart I – Part I – A Solid FoundationA Solid Foundation
Presented by John M. Cummings, PHRPersonnel Director
Employment Practices Specialist Montana Municipal Interlocal Authority
![Page 2: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/2.jpg)
DisclaimerDisclaimer
(Please Note: All materials, recommendations, and draft personnel policy language provided in this PowerPoint presentation should be reviewed and approved by a City Attorney prior to utilization or adoption.)
![Page 3: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/3.jpg)
The Human Resource The Human Resource FoundationFoundation
Personnel Policies and ProceduresEmployment Practices Liability Coverage (EPLC) through MMIAJob Description DevelopmentPerformance AppraisalsCorrective Action and Discipline (Part II)
![Page 4: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/4.jpg)
Personnel Policies and Personnel Policies and ProceduresProcedures
![Page 5: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/5.jpg)
Why Create or Update our Why Create or Update our Personnel Policy Manual?Personnel Policy Manual?
If PPM is more than 4 years old it should be reviewed
History of inaccurate policies and procedures circulating the State
Allows For Proactive ManagementImproves Employee RelationsHelps Guide Your Supervisors
![Page 6: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/6.jpg)
Why Create or Update our Why Create or Update our Personnel Policy Manual?Personnel Policy Manual?
Functions as a recruitment toolAssists in developing “Consistent”
personnel management practicesPPM meeting MMIA’s underwriting
criteria is required in order to attain Employment Practices Liability Coverage (EPLC)
![Page 7: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/7.jpg)
Proactive Management & Proactive Management & Employee RelationsEmployee Relations
Policies are established in writing and address situations in a uniform and non-discriminatory manner
Orients employees and assists them in understanding and following policies
May assist with union relationsAssists in making personnel actions
defensible
![Page 8: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/8.jpg)
Guiding SupervisorsGuiding Supervisors
Provide guidelines to supervisors Reduce misunderstandingsIncrease consistencySupport disciplinary actionAvoid charges of discrimination
and favoritism
![Page 9: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/9.jpg)
Recruitment & Retention ToolRecruitment & Retention Tool
Introduce your culture and environment and provide a clear understanding of policies and procedures
Include a Welcome Letter, and your Vision, Mission, History of your city/town and an Organizational Chart
Manual should be non-technical and accessible to a wide range of educational levels
![Page 10: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/10.jpg)
Consistent Personnel Consistent Personnel ManagementManagement
Examine what is in writing vs. what actually happens “on the job”
Consistency is key to employees adopting the guidelines
Provide training to employees, supervisors, and Council Members
Include Employee Signature Receipt Page with Policy Manual
![Page 11: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/11.jpg)
Questions For The Group Questions For The Group
1. Does your municipality have, and consistently follow, a PPM?
2. When was the last time you sat down and went through your town’s PPM?
![Page 12: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/12.jpg)
Questions For The Group Questions For The Group
3. Any current weaknesses you have found in the PPM that have caused you difficulty?
4. Who has final authority for Personnel Actions in your PPM?
![Page 13: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/13.jpg)
Isn’t the Municipality Safer Isn’t the Municipality Safer Without Anything in Writing?Without Anything in Writing?
The Argument(s): If we don’t have anything in writing,
we won’t be held to that particular standard.
I have no way to ensure that employees and supervisors will follow the written policies and procedures.
![Page 14: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/14.jpg)
Isn’t the Municipality Safer Isn’t the Municipality Safer Without Anything in Writing?Without Anything in Writing?
The Reason(s) to put policies and procedures in writing:
Difficult to enforce unwritten policies and procedures (& lack of consistency)
Court may decide based on past practices what your policies and procedures are
Leads to unproductive disputes Charges are difficult to disprove
![Page 15: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/15.jpg)
Best Practices Best Practices Personnel PoliciesPersonnel Policies
![Page 16: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/16.jpg)
In General In General
1. PPM size will depend on the complexity of the municipality.
2. There is no “required” PPM – Instead PPM should be designed to meet your needs
3. Most do not need a 50 to 70 page PPM
4. Handout “Template” Table of Contents (covers the basics in roughly 24 pages with attachments)
![Page 17: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/17.jpg)
““Essential” Personnel PoliciesEssential” Personnel Policies
1. Probationary Period
2. Unlawful/Sexual Harassment
3. Corrective Action and Discipline
4. Complaint Resolution and Grievance
5. Equal Opportunity Statement
![Page 18: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/18.jpg)
““Essential” Personnel PoliciesEssential” Personnel Policies
6. Work Site Safety
7. Family Medical Leave Act: public, state, & federal employers & private-employers who employed 50 or more employees in 20 or more workweeks
8. Maternity Leave
9. Military Leave
![Page 19: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/19.jpg)
““Essential” Personnel PoliciesEssential” Personnel Policies
10. Reduction In Force (RIF) Policy11. New Employee Orientation
12. Drug Free Workplace / Drug and Alcohol Testing
13. Receipt Page (signature page for employee)
![Page 20: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/20.jpg)
Reviewing Specific PoliciesReviewing Specific Policies
1. Probationary Period Policy
2. Unlawful/Sexual Harassment Policy
3. Corrective Action and Discipline Policy
4. Complaint Resolution and Grievance Procedure
![Page 21: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/21.jpg)
Probationary Period PolicyProbationary Period Policy
![Page 22: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/22.jpg)
Probationary Period – Defining Probationary Period – Defining Good CauseGood Cause
Montana is not an “At Will” employment State. To discharge an employee who has completed their probationary period, the employer must show “good cause”.
Under the Montana Wrongful Discharge from Employment Act, good cause is defined as “reasonable job-related grounds for dismissal”
![Page 23: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/23.jpg)
Probationary PeriodProbationary Period
Employers should include a probationary period policy in their manuals
During a one-year probationary period employment can be terminated by either party, at will, on notice to the other party, for any reason or for no reason”
![Page 24: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/24.jpg)
Probationary PeriodProbationary Period
Montana Law defaults to 6 months if not stated.
Fire and Police have statutory probationary periods.
Collective Bargaining Agreements may set different probationary periods.
![Page 25: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/25.jpg)
Probationary PeriodProbationary Period
Employers should not include a “Special Secret Double Probation Policy”
Probationary Period Policy “Extensions” should be carefully defined and consistently applied
Question: Does a non-probationary period employee serve a new probationary period when he/she is promoted/demoted?
Existing employees must undergo a break in service before they are placed in a new Probationary Period
![Page 26: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/26.jpg)
Questions For The Group Questions For The Group
1. How long is your probationary period & how long do you think it should be?
2. Do you allow for extensions to the probationary period? In what instances?
3. Is probation ever utilized as a substitute for corrective action?
![Page 27: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/27.jpg)
Richie v. Town of Ennis, 2004 Richie v. Town of Ennis, 2004 MT 43MT 43
Richie hired as Town Marshal – Town had 6 mo probationary period
Mayor terminated Richie Richie filed suit under Wrongful Discharge
from Employment Act Court upholds termination, but under State
Statute allowing Mayor broad discretion to discharge probationary officer (12 mo probationary period)
![Page 28: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/28.jpg)
Hunter v. City of Great Falls, Hunter v. City of Great Falls, 2002 MT 331 (December 20, 2002 MT 331 (December 20,
2002)2002) Firefighter probationary period governed by statute –
but statute doesn’t limit it to 6 mo. Hunter’s termination correct in that he did not meet
other criteria for permanent employment. Result is that prob periods can be extended but
employee must be notified at beginning of employment, policies must be in writing, included in orientation, and extension should be made prior to original probationary period expiring.
![Page 29: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/29.jpg)
Hobbs v. City of Thompson FallsHobbs v. City of Thompson Falls In summary: Police officers in Montana serve
a probationary period of employment which cannot exceed one year. During their probationary period they may be terminated by the city's chief executive without cause.
However, following satisfactory completion of the probationary period of employment, a police officer cannot be terminated without cause.
![Page 30: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/30.jpg)
Hobbs v. City of Thompson FallsHobbs v. City of Thompson Falls The good cause provisions of the wrongful
discharge from employment act are then applicable. That officer is still subject to confirmation by the city council / commission and does not become a member of the police force subject to other protections afforded to confirmed police officers without confirmation. However, confirmation cannot be denied following the satisfactory completion of the probationary period without good cause
![Page 31: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/31.jpg)
Unlawful Harassment PolicyUnlawful Harassment Policy
![Page 32: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/32.jpg)
Unlawful HarassmentUnlawful Harassment
Unlawful harassment exposes you to an extremely high liability risk
Most easily offended person sets the standard
Summer help: Pools/Parks/Recreation
![Page 33: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/33.jpg)
Unlawful HarassmentUnlawful Harassment
“It is the policy of this city to provide a work environment for each employee, which is free from unlawful harassment”
This city also prohibits retaliation against employees who expose harassment
![Page 34: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/34.jpg)
Unlawful HarassmentUnlawful Harassment
Unlawful sexual harassment means any unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when:
![Page 35: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/35.jpg)
Unlawful HarassmentUnlawful Harassment
A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
B. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or
C. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
![Page 36: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/36.jpg)
Unlawful Harassment Unlawful Harassment ExamplesExamples
Unwelcome sexual advancesSexual gestures; graphic verbal
comments of a sexual nature, including such comments about a person’s body; sexually degrading words used to describe an individual
Displaying sexually suggestive objects, pictures, cartoons or posters
![Page 37: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/37.jpg)
Unlawful HarassmentUnlawful Harassment
Provide a clear course of actionProvide clear procedures to followProvide a clear chain of commandRequire them to report and recordDetail the steps that will be takenFollow-up on remedy and prevent
retaliation
![Page 38: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/38.jpg)
Questions For The Group Questions For The Group
1. Employee stops you in the grocery store and complains that the Mayor is creating a hostile work environment – they want you to advise the City Council to fire the Mayor – What advice to you provide the employee, the Mayor, the Council?
2. Supervisor discovers employee is downloading pornographic materials and distributing them throughout the office? What advice do you provide?
![Page 39: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/39.jpg)
Star v. West, F.3d (9Star v. West, F.3d (9thth Cir. Cir. January 18, 2001)January 18, 2001)
Star claimed hostile work environment – VA took remedial action against accuser but Star didn’t consider it enough discipline.
Result was that the court refused to require a certain kind of remedial action when an employer is faced with a sexual harassment claim. Employer can decide how to deal with the problem.
![Page 40: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/40.jpg)
Nichols, et al. v. Azteca Nichols, et al. v. Azteca Restaurant Enterprises, Inc., Restaurant Enterprises, Inc., F.3d (9F.3d (9thth Cir., July 16, 2001) Cir., July 16, 2001)
Sexual harassment and retaliation claim based on “gender-based Stereotypes”.
Result was that Azteca’s policy and training did indicate reasonable care to prevent harassment BUT it did not exercise reasonable care to promptly correct harassing behavior so liable for hostile work environment.
Need Policy and Need to Enforce / Follow-up / and Prevent Retaliation
![Page 41: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/41.jpg)
Dernovich v. City of Great FallsDernovich v. City of Great Falls
The Montana Human Rights Commission found that off-color jokes and cartoons circulated around the office by both men and women created a hostile work environment. In addition, the city was ordered to prevent sexual harassment of employees and evaluate department heads’ performance each year based on "the quality and success of their efforts to implement and enforce the antidiscrimination policies."
![Page 42: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/42.jpg)
Nichols, et al. v. Azteca Nichols, et al. v. Azteca Restaurant Enterprises, Inc., Restaurant Enterprises, Inc., F.3d (9F.3d (9thth Cir., July 16, 2001) Cir., July 16, 2001)
Sexual harassment and retaliation claim based on “gender-based Stereotypes”.
Result was that Azteca’s policy and training did indicate reasonable care to prevent harassment BUT it did not exercise reasonable care to promptly correct harassing behavior so liable for hostile work environment.
Need Policy and Need to Enforce / Follow-up / and Prevent Retaliation
![Page 43: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/43.jpg)
Complaint Resolution and Complaint Resolution and Grievance ProcedureGrievance Procedure
![Page 44: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/44.jpg)
Complaint Resolution and Complaint Resolution and Grievance ProceduresGrievance Procedures
Grievances shall consist of matters of disagreement arising out of the employer-employee relationship:
where there is no applicable policy where there is deviation from policy where the policy is considered to be
inappropriate
![Page 45: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/45.jpg)
Complaint Resolution and Complaint Resolution and Grievance ProceduresGrievance Procedures
All disciplinary action may be subject to grievance, with the exception of corrective counseling and verbal warnings
A decision not to renew a term
employment contract or to terminate a probationary employee are not grievable matters, and are not subject to the procedure.
![Page 46: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/46.jpg)
Complaint Resolution and Complaint Resolution and Grievance ProceduresGrievance Procedures
• Grievance procedures steps should clearly outline the chain of command and required deadlines for all participants - Examples:
Verbally present grievance to supervisor Submit grievance in writing to supervisor Supervisor provides written response Employee may appeal by submitting written
grievance to the Mayor – Mayor review and respond
Timeline / Deadlines are Key Provide copy of Policy to terminating employees
![Page 47: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/47.jpg)
Offerdahl v. State of Montana Offerdahl v. State of Montana Dept. of NRC, 2002 MT 5 Dept. of NRC, 2002 MT 5
(January 15, 2001)(January 15, 2001) Under the Montana Wrongful Discharge from
Employment Act, employers have complete defense if they have a written grievance procedures, they provide a copy to the employee at time of termination, and the employee fails to follow the policy – this case upholds this aspect of the WDA.
Court indicated that Oferdahl did not follow the guidelines under the grievance procedures.
![Page 48: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/48.jpg)
Questions For The Group Questions For The Group
1. Does your City or Town take grievances to mediation or arbitration? Pro’s and Con’s.
2. Employee wants to grieve the disciplinary actions of their Supervisor who is the Mayor – How do you advice the employee, the Mayor, and the Council?
![Page 49: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/49.jpg)
Drug and Alcohol Free Drug and Alcohol Free Workplace Policy – Policies Workplace Policy – Policies
and Proceduresand Procedures
![Page 50: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/50.jpg)
Drug and Alcohol TestingDrug and Alcohol Testing
Drug and Alcohol Free Workplace Policy
Your city or town should review your need for a Drug and Alcohol Testing Policy.
Template available from MMIA
![Page 51: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/51.jpg)
Drug-Free Workplace ActDrug-Free Workplace Act
In compliance with the Drug-Free Workplace Act of 1988, (Title 41-10-701 through 707, U.S.C. as amended), the city is committed to providing an alcohol-free and drug-free workplace.
The city prohibits the unlawful manufacture, distribution, sale, possession or use of a controlled substance or alcohol in the workplace or while conducting business.
![Page 52: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/52.jpg)
Drug-Free Workplace ActDrug-Free Workplace Act In compliance with the Drug-Free Workplace Act of 1988, (Title
All employees must comply with this policy and notify the MAYOR/CITY MANAGER]and/or their designee in writing of any drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
The MAYOR/CITY MANAGER and/or their designee is
responsible for notifying the appropriate federal granting agency of the conviction when the employee involved is working on a federal grant or contract, within ten (10) days of learning of the conviction. Employees who violate this policy may be subject to disciplinary action.
![Page 53: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/53.jpg)
D&A Testing BackgroundD&A Testing Background
Montana legislature adopted the Workforce Drug and Alcohol Testing Act in 1997, no part of the act has been challenged up to the Montana Supreme Court level.
Therefore, employers have no guidance as to whether the Montana Supreme Court will find the Act (in whole or in part) or the implementation of the Act, constitutional.
![Page 54: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/54.jpg)
D&A Testing BackgroundD&A Testing Background
Right to privacy issues are of concern If the policy is challenged, it will be a
case of first impression and thus it is impossible to tell whether the Montana Supreme Court will uphold the constitutionality of the Act or its implementation.
![Page 55: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/55.jpg)
Drug and Alcohol TestingDrug and Alcohol Testing
Drug and Alcohol Free Workplace Policy
Review your need for a Drug and Alcohol Testing Policy
Review positions that require CDL and the testing requirements
Template available from MMIA
![Page 56: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/56.jpg)
APPLICABILITY OF POLICYAPPLICABILITY OF POLICY
The City prohibits employees from using or being under the influence of alcohol or drugs during working hours, while conducting any City business, while on City property or while driving City vehicles.
This Policy requiring certain drug and alcohol testing of certain employees will apply to all employees engaged in the performance of work, supervision, or management in a hazardous work environment, all employees holding positions involving matters of public safety, security, or fiduciary relationships, and all employees operating City vehicles.
![Page 57: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/57.jpg)
APPLICABILITY OF POLICYAPPLICABILITY OF POLICY
Employees subject to testing are as follows: Individuals engaged in the performance, supervision,
or management of work in a hazardous work environment, security position, position affecting public safety or fiduciary position for the City, and
Individuals involved in the operation of commercial motor vehicles or revenue service vehicles
These positions include the following categories of employees, job titles and job descriptions:
Policy does not apply to independent contractors.
![Page 58: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/58.jpg)
COMPLIANCECOMPLIANCE All eligible employees will be subject to urine drug testing and/or
breath alcohol testing. Employees who refuse to comply with a request for testing, who provide false information, or who adulterate or substitute samples shall be removed immediately from duty, and will be subject to disciplinary action, up to and including termination.
Examples of an employee’s refusal to submit to the required test includes, but is not limited to, (1) a failure to provide an adequate urine specimen or breath sample without a valid medical explanation for the failure, (2) verbal declaration of refusal, (3) obstructive behavior resulting in an inability to conduct the test, or (4) physical absence at the scheduled testing time.
![Page 59: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/59.jpg)
TYPES OF TESTINGTYPES OF TESTING
Reasonable Suspicion TestingPost‑Accident Testing Random Testing: Testing of All
Employees on a Date Certain & Periodic Random Testing Within a Calendar Year.
Pre-employment Testing
![Page 60: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/60.jpg)
Questions For The Group Questions For The Group
1. New Mayor wants to perform drug and alcohol testing on everyone, feels it is his right and duty. What advice do you provide?
2. The Mayor doesn’t tell you he/she has initiated testing and ends up firing the Administrative Assistant due to a positive drug test. What advice do you provide?
![Page 61: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/61.jpg)
Key Personnel Policy Manual Key Personnel Policy Manual DisclaimersDisclaimers
![Page 62: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/62.jpg)
Key DisclaimersKey Disclaimers
The Personnel Policy Manual supersedes any previous written, or unwritten, personnel policies and/or manuals.
The Personnel Policy Manual does not create a contract, express or implied, between the organization and the employee.
The Personnel Policy Manual does not guarantee employment for any specific time period.
![Page 63: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/63.jpg)
Key DisclaimersKey Disclaimers
The PPM can only be changed in writing, by the Mayor/Council
This PPM can be changed by the organization unilaterally, at any time.
The PPM is not all-inclusive, and is only a set of employment guidelines.
![Page 64: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/64.jpg)
I’ve put my manual together, I’ve put my manual together, now what? now what?
Be comfortable with each policyOnce adopted your policies must be
followed Remember - you can change your
mind! Make it simple to update and keep it
updatedTrack updates clearly and
consistently
![Page 65: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/65.jpg)
I’ve put my manual together, I’ve put my manual together, now what?now what?
Train employees and supervisorsDon’t just throw it on the shelfEmployees must acknowledge
reading and understanding manual content
Remember it is a “living” document subject to legislative rulings, industry norms, technological advancements, and changes in your city or town
![Page 66: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/66.jpg)
JOB DESCRIPTION DEVELOPMENT
![Page 67: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/67.jpg)
Job Description DevelopmentJob Description Development
Accurate Job Descriptions are critical to the success of a Municipality.
Oftentimes Job Descriptions are left undone, or become quickly outdated.
Becomes hard to identify truly what a person does – or is supposed to do.
How to start – Templates available from MMIA and then do a Job Analysis.
![Page 68: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/68.jpg)
What is a Job Analysis?What is a Job Analysis?
Process to identify and determine in detail the particular job duties and requirements and the relative importance of these duties
Analysis is conducted of the job, not the person
End product is a job description not a description of the person
![Page 69: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/69.jpg)
What Aspects of a Job Are What Aspects of a Job Are Analyzed?Analyzed?
Relationships/Supervision given and received Exempt vs. Non-exempt Duties and tasks Environment Tools and Equipment Knowledge Skills Abilities (KSA’s) Essential functions and/or duties
![Page 70: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/70.jpg)
How are these aspects How are these aspects analyzed?analyzed?
Methods of Job Analysis Observation Desk Audits Individual or group interviews Questionnaire Employee logs Revising/reviewing existing job descriptions
![Page 71: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/71.jpg)
Job Descriptions Are Useful Job Descriptions Are Useful Because….Because….
Identifying training needs Recruitment & Selection Compensation Performance Evaluation Corrective Action / Discipline Organizational redesign/staffing issues Strategic Planning Describe physical needs of various positions
to avoid discrimination complaints
![Page 72: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/72.jpg)
PERFORMANCE EVALUATIONS
![Page 73: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/73.jpg)
What to Call it?What to Call it?
Performance Evaluation
Performance Appraisal
Performance Review
Annual Review
Job Performance Review
Job Performance Evaluation
Annual Performance Discussion
Personnel Evaluations
![Page 74: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/74.jpg)
Sound Familiar?Sound Familiar?
“Why do you keep nagging me to document performance problems - I do an annual review!”
“I don’t have the time to do these personnel evaluations - they are just a waste of time anyway.”
“I don’t like talking to people about their performance.”
![Page 75: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/75.jpg)
Why Supervisors Should CareWhy Supervisors Should Care
Faster resolution of employee problemsChance to identify misunderstandingsCommunicate expectations to
employees and update job descriptionsOpportunity for employee to ask
questions/for manager to ask employee questions
Easier corrective action
![Page 76: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/76.jpg)
Performance Evaluation Performance Evaluation Documents Should….Documents Should….
Use plain non-technical languageBe performed consistentlyRecord important facts clearly and
objectively Memorialize the basis for the
employment decision Avoid extreme or conclusory language
![Page 77: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/77.jpg)
Performance Evaluation Performance Evaluation Documents Should….Documents Should….
Be specific and based on verifiable facts or measurable goals
Be dated and clearly identify the authorBe signed and dated by the employeeBe based on an accurate Job
description
![Page 78: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/78.jpg)
Evaluate without FearEvaluate without Fear
Only evaluate those areas that are necessary for effective job performance
Communicate clear job standards so employee know how to get top ratings
Document problems when they occur so that you can references these records
Be honest What points can you praise employee for? What areas do you want the employee to improve in? Can you support the evaluation with hard facts?
![Page 79: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/79.jpg)
Performance Evaluations Make Performance Evaluations Make Corrective Actions EasierCorrective Actions Easier
Improves managers recollection of the events
Enhances managers credibility for accuracy
Provides confidence that the manager is organized, responsible and fair
Objective evidence of performance problems
![Page 80: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/80.jpg)
Performance Evaluations Make Performance Evaluations Make Corrective Action EasierCorrective Action Easier
Non-discriminatory, business-related concern
Employee may self-select and resignDocumentation deters litigationEmployee know you have evidence to
help win a caseLess attractive for plaintiff’s counsel to
accept a contingent fee case
![Page 81: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/81.jpg)
In Summary: Evaluations are In Summary: Evaluations are Your Greatest Defense When:Your Greatest Defense When:They offer clear documentation of
performance– written proof of logic, business necessity
and equityThey are consistent
– use both mitigating or enhancing criteria They are candid and truthful
– Jensen v. Hewlett-Packard (1993)
![Page 82: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/82.jpg)
Potential Consequences of an Potential Consequences of an Improper EvaluationImproper Evaluation
DefamationRetaliation under Title VII or ADAInterference with prospective economic
advantagePoor moraleDisrespect for management
![Page 83: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/83.jpg)
Employment Practices Employment Practices Liability Coverage (EPLC)Liability Coverage (EPLC)
![Page 84: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/84.jpg)
Employment Practices Liability Employment Practices Liability Coverage From MMIACoverage From MMIA
As a member of MMIA’s Liability program you are eligible to join the EPLC coverage at no charge.
Currently, the Memorandum of Liability Coverage excludes certain employment practices. The EPLC coverage will expand your liability coverage to include defense costs for wrongful employment practices claims.
![Page 85: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/85.jpg)
Wrongful EmploymentWrongful Employment
Means the actual or alleged: wrongful employment termination, unlawful discrimination, sexual harassment, Civil Rights violation, and/or workplace torts. The employment practices liability coverage does not extend to indemnification or penalties under State or Federal provisions and does not include collective bargaining or Union grievance procedure issues, including union negotiations.
![Page 86: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/86.jpg)
Who Has This CoverageWho Has This Coverage 41 municipalities have received the EPLC
Endorsement
MMIA will come on-site to meet with staff, work with Council Members, and explain the EPLC Endorsement process
Underwriting Criteria do not “require” a specific manual. This allows the City or Town to develop a customized PPM.
![Page 87: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/87.jpg)
The EPLC Review ProcessThe EPLC Review Process
MMIA will start by reviewing your personnel policy/procedures manual, job descriptions, and employment application against MMIA’s underwriting criteria (provided).
MMIA will provide a formal review letter indicating what items may need to be updated and/or edited and provide samples.
Items that need to be sent include: PPM, Employment Application, Sample Job Descriptions, standardized Interview Questions (if used)
![Page 88: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/88.jpg)
EPLC AssistanceEPLC Assistance
If your city or town needs a personnel policy manual, job descriptions, or an employment application, MMIA can provide you with a template to review and make your own.
All policies and procedures should be reviewed with your City Attorney prior to adoption.
![Page 89: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/89.jpg)
Human Resource Best PracticesHuman Resource Best PracticesPart II - Part II - Corrective ActionCorrective Action
Presented by John M. Cummings, PHRPersonnel Director
Employment Practices Specialist Montana Municipal Insurance Authority
![Page 90: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/90.jpg)
Corrective Action and Corrective Action and DisciplineDiscipline
A properly designed Corrective Action and Discipline Policy will help ensure that all managers and supervisors follow the same course of action when working with employees.
Key Areas: Timeliness, Consistency, Accuracy, and Documentation
![Page 91: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/91.jpg)
Corrective Action and DisciplineCorrective Action and Discipline-Important Disclaimer--Important Disclaimer-
Each of the following disciplinary actions is independent of the other and will not necessarily be applied in the order listed. For example, depending on the severity of the offense, an employee may be terminated or suspended without having been warned or counseled, or may be terminated without having been placed on probation or suspended.
![Page 92: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/92.jpg)
Corrective Action and DisciplineCorrective Action and Discipline
For Non-Probationary Employees:Corrective Counseling (optional)Oral ReprimandWritten ReprimandSuspension (with or without pay)Disciplinary Demotion (optional)Termination
![Page 93: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/93.jpg)
Corrective Action and DisciplineCorrective Action and Discipline
As you enter into Corrective Action:
1. Clearly explain to the employee that this is a specific action in the City’s Corrective Action/Disciplinary Policy
2. Clearly explain where they are at in the corrective action process
3. Do not label the Steps “Step 1…”
![Page 94: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/94.jpg)
Corrective Action and DisciplineCorrective Action and DisciplineCorrective counseling is a
straightforward discussion with an employee about matters deemed to be a problem with work related performance or behaviors
Document, file, and provide a copy for the employee
![Page 95: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/95.jpg)
Corrective Action and DisciplineCorrective Action and DisciplineAn Oral Reprimand may be given
to employee for job-related reason Fully explain and discuss the
nature of the problemProvide a plan of improvement.Document, file, and provide a copy
for the employee
![Page 96: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/96.jpg)
Corrective Action and DisciplineCorrective Action and DisciplineWritten Reprimand is similar to the
verbal warning and must contain a description of the specific conduct for which the employee is being warned, how to correct the problem, and consequences if problem is not corrected
Document, file, and provide a copy for the employee
![Page 97: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/97.jpg)
Corrective Action and DisciplineCorrective Action and DisciplineSuspension may be with or without
pay and may result in dismissal or reinstatement with or without back pay; however, exempt employees may be suspended without pay only for a period of one or more weeks.
Provide an opportunity to conduct an investigation.
![Page 98: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/98.jpg)
Corrective Action and DisciplineCorrective Action and DisciplineDisciplinary demotion for job-
related reasons. The terms of a disciplinary demotion must be in writing, and must contain a description of the specific conduct or reasons for which the employee is being demoted. If appropriate, a disciplinary demotion may include a plan of improvement.
![Page 99: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/99.jpg)
Corrective Action and DisciplineCorrective Action and DisciplineAn employee may be terminated for
job-related reasons. Notice of a termination must be in writing and must contain a statement of the reasons for the termination. A copy of the notice must be given to the employee, and will be placed in the employee’s personnel file.
Provide employee with copy of Grievance Policy.
![Page 100: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/100.jpg)
QuestionsQuestions
![Page 101: Human Resource Best Practices Part I – A Solid Foundation Presented by John M. Cummings, PHR Personnel Director Employment Practices Specialist Montana.](https://reader036.fdocuments.net/reader036/viewer/2022062511/551b6b96550346d31b8b5da7/html5/thumbnails/101.jpg)
Corrective Action and DisciplineCorrective Action and Discipline Examples from your community? Job Performance… Always late to work… Frequently absent… Verbally abusive… Physical altercation… Drug and/or alcohol use… Off the job behavior… Stealing… Others…