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Coaching focuses on the present the future by highlighting expectations and talking about how to reach them. Coaching is usually a step before [[Counselling]]. Coaching focues on "how" to do better, whereas [[Counselling]] focuses on why the unwanted behavior is happening.
#hr #writeups
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[[Coaching]] -- a structured conversation highlighting what the employee did wrong and how to do better in the future.
[[Counselling]] -- a conversation about what is causing an employee to engage in unwanted actions or behaviors, with the goal of discovering the most practical solution. Counselling might result in some kind of assistance or accomodations for the employee, or it could result in additional corrective actions. It depends on the underlying reasons discovered during counselling.
---
[[Suspensions#Disciplinary Suspension|Disciplinary Suspension]] -- manditory, unpaid leave from work.
[[Personal Improvement Plan]] -- a plan to correct a behavior (or set of behaviors) that aren't serious enough to terminate someone but will hold the employee back if they continue. Generally speaking, this should be reserved for employees who are otherwise great employees, they just aren't promotable because of some habit or behavior they exhibit.
[[Reassignment]] -- change in job duties and responsibilities, possibly with a change in pay. This is essentially what's happening if a [[Chaplain]] [[Circles#Power of Ejection|ejects]] someone from their home Circle.
[[Retraining]] -- a temporary reduction in pay or benefits until an employee can demonstrate competency with their work.
[[Wage Deductions]] -- in most cases deducting from an employee's wages cannot be used as a corrective action unless the employee agrees to it in writing.
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#hr #writeups
Counselling is like [[Coaching]] in that it's a way to address a behavioral or performance issues at work. The difference is that [[Counselling]] focuses primarily on the past. The goal is to understand the "why" of the behavior, and then decide what next steps should be taken to prevent the behavior in the future or mitigate any problems it may cause.
## When to use Counselling
In general, counselling should be used in the following situations.
### Requested by an employee
Sometimes employees may request counselling without being in trouble because they want to discuss something that could end up causing a problem if it's not addressed.
Here are some examples of that:
- An employee has a personal issue they're afraid will negatively impact their work, and they want to see what can be done before it causes any problems.
- An employee is confused about workplace rules or policies, or they see some reason they'll have trouble following the rules. They ask for counselling before they get in trouble.
- An employee doesn't understand what they need to do in order to be promoted or qualify for a raise. They might ask for counseling to uncover anything holding them back.
### Repeat problems after coaching
When an employee has already been [[Coaching|coached]] about the same type of infraction, but it continues to happen counselling should be used to figure out why it's still occuring.
For instance, an employee was coached about arriving late to work. That improved, but now they're coming back late from lunch. Counselling may help uncover what is causing the employee to have fundamental problems with attendance.
### Widespread minor issues (bad culture fit)
In some cases an employee isn't doing any one particular thing habitually that would trigger more than verbal or written warnings, but there is some new and different issue involving the person really often. There isn't really a pattern to one particular thing, there are just lots of different things.
For example, the employee gets into an argument about stuff in the refrigerator. Next, they leave early for lunch without telling anybody. Another time they stop working and just read a book because they have a question and the supervisor's not immediately available. None of these things are related or repeating. The pattern is just that there always seems to be something irritating or frustrating going on with the employee.
Counselling may uncover why the employee has a hard time fitting into our work culture and whether anything can be done to fix that.
### Toxic Performance
[[Toxic Performance]] is when an employee's high performance is causing unecessary problems for other people working around them. Put another way, the employee feels like they don't need to follow rules or be mindful of coworkers because their performance is so high. If this isn't caught and handled it confuses and frustrates other staff who don't understand why the toxic performer is permitted to continue what they're doing. It quickly leads to morale issues, attendance problems, mistakes, and other issues.
The article about [[Toxic Performance]] should be read by every supervisor and the concept explained to other staff on some regular basis, much like we might perform annual training about lifting safety.
### Extreme uncharacteristic behavior
Sometimes, an emplyee does something so crazy, uncharacteristic, or strange we can't fathom why they would think it's appropriate behavior. Whatever happened is so shocking or alarming even one instance of the situation is worth figuring out why it happened.
For example, an employee shows up to work drunk and falls asleep in the middle of the warehouse. Another example might be an employee who's usually well-known for their work habits explodes into a shouting match with someone. Other situations might be an employee suddenly fails to show up at work and doesn't notify anybody or explain themselves.
Counselling makes sense in these kinds of situations to discover what unusual or odd set of circumstances triggered the behavior. From there, we might be able to identify some way to help the employee.
## What to expect from counselling
Often, counselling will uncover one or more underlying reasons the employee isn't behaving or performing appropriately at the job, such as:
1. Problems with the work environment that make it difficult to do their job. Examples might be malfunctioning equipment, distracting coworkers, safety concerns, or receiving conflicting instructions.
2. Personal issues that are effecting the employee such as financial stress, mental health, substance abuse, or domestic problems.
3. A misalignment or misunderstanding about priorities. For instance, the employee does understand what's expected, but they are choosing to focus on something else they think is more important.
Once we identify what's causing the behavior we need to evaluate practical solutions. The goal is identifying practical solutions the employee agrees will stop or mitigate the behavior. Then, document what those solutions are and put them in place. It's generally a good idea to agree to a follow-up conversation at some later date to touch base about whether the agreed solutions are working or if something needs to be adjusted.
In the unfortunate event no solutions can be found or agreed upon the employee should be clearly warned that further repeats of the behavior will have consequences, and those consequences should be explained clearly. If it seems like the behavior will probably repeat anyway, the employee should be asked to resign voluntarily.
### Further actions from counselling
The goal of counselling is discovering what caused the situation and finding solutions so it won't happen anymore. The kinds of solutions that might be used are wide and variable, depending on what caused the situation.
#### Reasonable accomodations
Sometimes an employee will ask the business to make some kind of changes or special exceptions for the employee. If an employee requests something like this it should be granted if it's practical, especially if the employee brought it up proactively before there was a problem.
However, the employee should be cautioned that it's their responsibility to be honest about how the accomodations will help the situation, and warned that if the accomodations don't stop the behavior further action will be taken. If the employee thinks the accomodations made aren't working it is their responsibility to tell us about it before they're in trouble again.
When making accomodations we have to consider whether it might cause a morale issue in the workplace because of perceived unfair treatment. We also have to consider the cost and practicality of the accomodation.
Take for example, an employee claims their attendance issues are being caused by extremely sore feet from standing for long periods of time. The employee asks if we can provide a stool for them to sit while they work. We have to evaluate several things about this:
1. What does the stool cost? Is it affordable?
2. Will other employees become upset because this person gets a stool? If they will, does that mean we need to buy a stool for everybody? Does that instead mean any employee can request a stool, but they have to provide a note from a doctor explaining that they need one?
3. Can the work itself actually be done at an exceptable level of performance while seated?
Depending on the answers to those questions, we might determine providing a stool isn't practical, even though it seems like such a simple solution. We also might determine stools are a great idea and decide to buy stools for everyone.
##### When to require proof an accomodation is needed
A requested accomodation should be honored without proof of the problem as long as it's simple and inexpensive to implement. For example, if an employee requests a stool because their feet hurt we don't need to look at their foot to check if it's sore.
One situation where we should request proof or a professional opinion are where the same underlying problem seems to be the cause of several different issues or requires multiple different accomodations. For example, if an employee claims to have a medical or mental health issue and is requesting multiple different accomodations, we may need a professional recommendation. We don't need to know what condition the employee has, and we can't force them to tell us. However, we can ask them to have their doctor or other professional write a letter confirming the requested accomodations actually make sense for their patient.
##### Types of accomodations that can be offered
Generally speaking, requested accomodations usually revolve around buying something for the employee, making an exception to a rule, or adjusting the expectations around the work.
The minimal, least complicated accomodation that seems feasible should be tried first. The reason is making sure the correct problem has been identified and matched with a reasonable solution. The point is getting a quick improvement with minimal effort, even if it doesn't completely solve the problem. If it seems like something other employees may also benefit from, a survey of some kind might be a good idea after an initial, minimal test has been performed.
If the minimal solution solves the problem to a sufficient standard, then nothing else should need to be done. If it causes only minimal improvement but the problem is still worse than acceptable, it can then make sense to look at more complicated or expensive solutions if it's determined the short-term resource use is worth it in the long-term.
For example, an employee complains their performance and attendance is below standard because of heat in the warehouse. We get them a water bottle, a fan, and an ice pack for their neck. It improves the issue enough that the employee's attendance and performance are within acceptable ranges. As time goes on, we start to find out other employees have the same kind of issue sometimes. We then make it standard to issue every employee a water bottle, fan, and ice pack.
#### Retraining
It might be determined the employee fundamentally misunderstands something about what's expected. In some situations like that, [[Retraining]] may be the solution, where the employee's training about one or more job tasks is repeated like they're a new hire. Kind of like when someone has to take a remedial driving class to reinstate their driver's license.
#### Personal Improvement Plan
A [[Personal Improvement Plan]] makes sense when the employee would be eligible for promotion if not for the problem we're having with their behavior. For example, a person has an amazing work ethic but their punctuality issues make it unthinkable to have them supervise other people.
Generally speaking, a Personal Improvement Plan establishes a way to measure how often the unwanted behavior is occuring and then puts the employee in charge of monitoring it. They're required to show improvement over a period of time, and check in with their manager on a regular basis to discuss progress. If there is no progress, it should be clearly explained the employee has no path for advancement at the company, and may want to consider finding a different job.
#### Reassignment
[[Reassignment]] can make sense where the employee's actions or behaviors might not be a problem if they worked in a different department, position, location, or shift. Here are some examples where reassignment could make sense.
In one case, an employee has habitual attendance issues because of a personal problem that prevents them from waking up refreshed in the morning. They tell us if they worked 2nd shift instead it wouldn't be a problem anymore.
Another case might be where two employees simply can't get along for personal reasons. It might make sense to reassign the employee to a different area where they don't need to work alongside the coworker they dislike. In that kind of situation, the person who is being counselled should accept any undesirable tradeoffs, not the person they dislike. For example, an employee says their quality of work issues are caused because they don't get along with Bob. However, Bob isn't the one being counselled. If the employee insists the best solution is not working with Bob anymore, we're not going to reassign Bob.
#### Disciplinary Suspension
[[Suspensions#Disciplinary Suspension|Disciplinary Suspension]] can be used when no solution can be agreed to, particularly if the employee is insisting on unrealistic solutions, deflections or blame games, or is generally unwilling to admit the issue is even a problem. The goal is to give the employee time to cool down and think about their actions and behaviors or pay more serious attention to underlying personal issues.
For example, imagine an employee is having terrible attendance issues and they tell us it's because they can't afford an Uber. That doesn't logically make sense because the price of getting an Uber to work is less than the losses from missing an entire day's pay. Even after pointing this out, the employee still can't agree to an actual solution. In a case like that, we might use a Disciplinary Suspension, where they are taken off the schedule and banned from the workplace for a period of time.
In another example, an employee has been having angry outburts at work and disrespecting coworkers. They tell us it's because they're going through a lot in their personal life and it's bleeding over into work. After discussing possible solutions with them, they can't agree to anything. We might place them on suspension until they take a class on conflict resolution or anger management.
#### Termination for cause
In some circumstances we may learn something during counselling that triggers us to immediately fire the employee. For example, the unwanted behavior was intentional, planned, and the employee isn't even apologetic about it. Another example would be lying to us during the counselling.
This option should be reserved for situations where it's obvious the employee did something wrong intentionally or carelessly and it's pretty clear they take no responsibility for it, especially if some kind of irreperable harm was caused. An example might be an employee who starts a fight with somebody else and punches them in the face. When we counsel the employee about it, they're proud of what they did, or they justify it by saying something like "I warned him I was going to do it" or "he shouldn't have been talking about my mom like that". It's pretty clear, in that sort of situation, the person *will* do the same thing again if something triggers them.
#### Administrative Suspension
An [[Suspensions#Administrative suspension / leave|Administrative Suspension]] might be applicable if the employee says they need extended time off to deal with a personal issue that is causing problems at work. There is a small, but important distinction between a disciplinary suspension and an administrative suspenion. The difference is the employee is *asking* for time off to enact personal life changes or deal with an issue.
Take for instance, an employee admits they're having performance problems because of substance abuse. They might ask for time off to seek treatment or rehabilitation.
An Administrative Suspension can be used in this situation (and use of PTO to cover it), if the employee is otherwise in good standing and we believe the short-term challenges it causes are neglibible compared to the long term benefits of retaining the employee. In these situations, the following things should be in place:
- The employee understands they are required to work towards resolving the personal problem. They won't be allowed to return to work if they don't.
- If the employee will still receive pay while suspended, there needs to be a written agreement about it. It should include a requirement that to continue receiving pay the employee must report in regularly showing progress towards resolving the situation.
Take for example, it's identified that Bob is suffering from professional burn-out. Lately, his attendance has been awful and he's making mistakes in his work. However, both of those things are uncharacteristic for Bob. He's worked with us for several years and normally has great attendance and performance. We might offer Bob a two-week suspension during which he will still be paid as long as he takes an actual vacation or spends time working on a hobby. Bob enjoys outdoor activities like fishing and hiking. We agree Bob can still receive his pay while suspended as long as he takes pictures showing he's fishing or hiking.
#### Lay Off
In some cases it might be discovered the behavior is caused by something totally beyond the control of the employee. The behavior is so problematic though, that we can't really employ the person anywhere in the company. In a case like this, it could make sense to lay the person off with an option to rehire at a later date.
Say for example, an employee is going through a divorce or some other kind of drawn-out legal proceeding. It's causing them to have attendance issues and make lots of mistakes at work. The employee can't do anything to stop the situation, so until it's over the attendance issues and mistakes are unlikely to improve. After evaluating other options like accomodations or reassignment, we can't find any solution. In a case like that, we might lay the person off. We're essentially terminating them, but we're agreeing it's not because of anything they did. Instead, it's because the personal issues outside of their control make it impossible to employ them. We would likely rehire the person in the future if they could demonstrate the issue has been resolved.
An employee may feel like this course of action is unfair, and it should be noted that because they were laid off instead of being terminated they can probably collect unemployment. Also, if the employee was otherwise in good standing with us and didn't have any other disciplinary issues, there may be an option to offer a severance package.
## When counselling doesn't surface an actionable underlying problem
Counselling will only surface an actionable underlying problem when both the employee and the counsellor are making a genuine effort to discover what's causing the inappropriate behavior. Sometimes, employees will avoid explaining the real problem for a variety of different reasons.
If that happens, it's important to document that. It needs to be documented that the employee isn't able to articulate or identify the root cause of the situation so there isn't anything the business can do about it. Then, it should be clearly explained to the employee what will happen next if the behavior repeats.
### Example: mysterious, repeated mistakes
An employee keeps making mistakes in their work, like skipping major steps. They've previously been trained and coached about the right way to do the work, but the same kinds of mistakes keep happening. When asked about it the employee says they just need to pay more attention. We ask them what would help them pay more attention, and they don't have any ideas. We probe a little further to see if there is any help we can provide, but they don't ask for anything.
In this case, we document that the employee says the problem is unspecified distractions and the employee agrees they don't need any help from us to avoid the distractions. Then, we explain that if more mistakes occur the employee could be terminated.
### Example: air conditioning
An employee is frequently absent from work or away from their designated area while at work. They've been talked to about it before, and during counselling they tell us it's because of the extreme heat during the summer. The employee says we need to install air conditioning in the warehouse. Meanwhile, during the conversation we also explore that the employee is not hydrating properly or dressing appropriately for the heat. We also remind the employee that new hires are warned about this ahead of time and told this job might not be suitable for people who are very sensitive to 90F temperatures.
We ask if the employee wants to come in earlier to avoid the heat, do they need a water bottle or an extra fan, or other things like that. The employee says they don't want any of those things. They insist the business should install air conditioning.
In this case, we would document that the employee is not engaging in appropriate precautions for the heat (hydration and attire), and they refused our assistance. We also document that air conditioning isn't practical to have installed, and the employee is aware it won't happen. Then, we explain that if the employee isn't able to improve their attendance and performance, we may have to terminate them or transfer them to a different position.
### Deflections and blame games
Sometimes employees will bring up reasons or excuses that mainly serve to deflect the conversation away from their actions or behaviors. For instance, an employee might say something like "why am I being singled out? Bob just sits at his desk all day and doesn't do any work!" It's important to identify when an employee is doing this and refocus the conversation back to the matter at hand. Unless the employee is stating that another person's actions or behaviors are actually the source of their own inappropriate behavior. For example, if someone said "Bob keeps stealing my tools", that's totally different than "Bob is late all the time, why don't you do something about that?"
In other cases, an employee might bring up something that would definitely warrant action if it were true... however, it's not related to the current situation. In that case we need to consider: if the employee knew about something so serious why did they wait to mention it until they are in trouble?
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---
alias: PIP
alias: Performance Improvement Plan
author: Jason Thistlethwaite
tags: correctiveAction
---
A Personal Improvement Plan is a structured approach to improving or correcting behaviors that make a person unpromotable. A PIP might be used when an employee's performance or behavior would probably lead to termination if it gets worse, and at least prevent advancement if it stays the same.
## Example use case
An employee demonstrates above-average attendance, shows a lot of intitiative, and is generally known for producing high-quality results. However, they have an annoying tendency to cause a [[work stop]] when they have a question instead of using more efficient, [[asynchronous communication]] methods. Instead, whenever they come across anything they don't understand they flag down other people to ask questions, even if that means [[Foundations and Governance/General Policies/Attendance#Missing from post|leaving their post]] to do so.
The employee is probably not going to be in trouble if the habit continues the same way, but a person who is able to communicate more effectively would probably be promoted instead of them.
## Recommended way to handle a PIP
The first thing to do is explain to the employee what behavior or tendency is problematic, and carefully frame it in terms of how it will effect their long term advancement with the company.
Next, determine a way to measure how often the problem happens within their area, not just involving that person. Then, put them in charge of tracking that metric. The employee should track the problem for more people than just themselves, ideally the whole team. It becomes part of their job to improve the metric and identify ways to do so.
Let's say for example, a person's attendance isn't very good but they're otherwise a great employee. That's a case where a PIP could make sense. So, they are put in charge of tracking attendance for their team, including themselves. If they identify ways to improve that metric (even if it just means their own attendance), the PIP can be considered successful. If they actually manage to improve it for the whole team by setting and example and getting buy-in from other people, then they've proven they are promotable (which is the point).
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During a probationary period an employee's performance, attendance, and conduct are monitored more closely. Infractions and unwanted behavior may be taken more seriously, and can skip the normal escalation process even for otherwise minor actions or behaviors.
A probationary period is normally used when hiring a new person, who is typically subject to a probationary period for 90 days after being hired. A probationary period can also be used as part of corrective action.
## How does a probationary period affect an employee?
While subject to probation an employee should expect the following:
- Use of [[PTO]] is not permitted;
- Any kind of absense or attendance concern may be more carefully scrutinized;
- Overtime and schedule adjustments will probably not be allowed;
- Any infraction could lead to immediate termination;
- Failing to show up for a scheduled shift without appropriate notice may be treated like the employee voluntarily quit.
## When a probationary period may be used as part of corrective action.
A probationary period might be used along with [[Retraining]], [[Reassignment]], or a [[Suspensions#Disciplinary Suspension|Disciplinary Suspension]]. This should be done when it's needed to reinforce that further unwanted behavior or actions won't be tolerated, even if they are not related to the original problem that lead to corrective action.
It may be tempting for managers to use a probationary period in tandem with a [[Personal Improvement Plan]], but this is not generally recommended as it tends to be a waste of time. The reason being that PIP's are best used to resolve situations where an otherwise great employee is unpromotable because of some behavior we hope to correct. Using a PIP with an employee who is likely to break other rules is probably a waste of time since we should be focusing on replacing them anyway.
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Ressassignment occurs when an employee is transferred to a different position, location, department, or shift as a means to correct an issue in the workplace. Employees could be reassigned for a variety of reasons like [[Corrective Actions|corrective action]], [[Restructuring]], or because the employee requested it.
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Retraining is a form of [[Corrective Actions|corrective action]] best used to deal with Quality of Work, Quantity of Work, Safety, or Policy Violation [[Write-ups|infractions]]. When an employee is being retrained, their pay and privileges may reduced until they can demonstrate competency with their assigned work.
In most cases retraining lasts no longer than a month and is focused on retraining the employee about a specific aspect of their job. Another employee will work closely with them to ensure they understand the right way to do the job, and they will be given some kind of test to prove they understand it. In many cases, this is handled by asking the employee to provide a written or oral presentation on the proper way to do the work, which is then graded by others.
## When retraining should be used and when it shouldn't
Retraining is best used when an employee seems to be making cyclic or repeated mistakes or ommissions in their work. This is especially true if the work output of the employee is highly variable or unpredictable.
Normally, retraining should be considered after [[Counselling]] has uncovered the employee seems to misunderstand what their job entails or reveals they don't have a clear grasp on the right way to do the work. It should be reserved for cases where the employee *should* know the correct way to do their job because they have already been trained on and it have done the work for a while already.
## Reduction in pay and privileges
Any attached reduction in pay is not intended to be punitive. Rather, it is because retraining an employee is expensive. It means at least two people will be less productive until the training is complete (the trainer and the person being retrained). The amount of pay reduction should be whatever the employee's wage was at the time they first began doing the job. If for some reason that amount isn't known, it should be the rate a new employee would currently be paid for doing the same job.
In many cases, [[Foundations and Governance/PTO#PTO accrual pausing|PTO accrual]] may be paused for the employee until retraining is completed.
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Sometimes an employee can be suspended from work, and this article talks about that. When an employee is suspended they aren't allowed to come to work without an appointment to see a manager.
There are two types of suspensions that are used for different reasons, and they are handled a little differently.
## General things about suspensions
When an employee is suspended, the following things are generally expected:
1. The employee is not allowed on company property unless they have an appointment with a manager.
2. The employee isn't allowed to do any work for the company, even if it's done remotely.
3. The employee is expected to return all company property or documents in their possession until the suspension is over.
4. Suspensions may be paid or unpaid, depending on the circumstances.
5. The employee is not to have any contact with customers.
## Administrative suspension / leave
An Administrative Suspension might be issued when the business benefits from having the employee out of the workplace but the employee hasn't necessarily done anything wrong. In some cases, it could be thought of as a manditory paid vacation. The other major reason for administrative leave is where an employee is accused of something serious, but no other actions are warranted until the matter has been investigated.
## Disciplinary Suspension
A Disciplinary Suspension should be used when an employee has done something that is serious enough they could be terminated, but it's more desirable to retain their services.
Return to work can be both time and contingency based. That means the employee is suspended until they perform some kind of action by a deadline. If the employee fails to perform the action it's assumed they have quit.
The goal of a suspension should be one of two different things:
1. Temporarily remove a hazard or disruption from the workplace so the matter can behandled later (like sending an employee home for the day because they're being extremely disruptive)
2. Temporarily remove an employee from the workplace until some problem they caused is corrected.
The key aspect is that the employee's presence at work is contributing to the problem, but we would rather not terminate them because we suspect the issue is correctable.
### Being sent home for the day
Being sent home for the day falls under the category of a disciplinary suspension but isn't necessarily as serious. A person can be sent home for the rest of the day if they're doing something that is highly disruptive to the work environment and in a supervisor's best judgment the situation can't be resolved in a short period of time (generally about 5-15 minutes). The employee should be given [[Counselling]] about their actions or behaviors after they return to work.
Here are some examples of when this may be appropriate:
- An employee comes to work in a bad mood, and they are generally grouchy and yelling at everybody. They're not getting their work done, and they're causing other people to be unproductive.
- An employee comes to work too sick to do their job, or creating a risk of making other people sick. We asked the employee to just take the day off, but they refuse to leave.
- An employee is given a verbal warning about a relatively minor issue at work, like having their music too loud. Instead of professionally responding to the warning, they try to have a big argument about it, causing several people to stop working.
- There is strong suspicion an employee is too heavily intoxicated or mentally impaired to do their work.
This type of suspension is the same thing as a Chaplain's [[Circles#Power of Dismissal|Power of Dismissal]].
### Return to work contingencies
It should be made clear return to work contingencies connected to a disciplanary suspension are meant to be done on the employee's own time. The company generally doesn't compensate for them, but may under certain circumstances determined on a case-by-case basis where individual exceptions can be made.
#### Self-Driven Action Plan
The most basic return to work contingency is a Self-Driven Action Plan, which is a written document that includes 3 sections:
1. An explanation of what the employee did wrong and why it's a problem.
2. What they're going to do to fix the damage already caused, or explanation of why they aren't able to fix it.
3. What they're going to do moving forward so it doesn't happen anymore.
#### Class or test
In some cases an employee can be asked to complete some kind of class or test before they're allowed to return to work.
Here are some examples:
1. An employee suspended for misconduct might be asked to take a class on conflict resolution, anger management, or something similarly related to their actions.
2. An employee suspended because of intoxication or substance abuse might be asked to pass a drug test before returning to work.
3. A sick employee might be required to show proof they're not sick anymore or that they sought treatment.
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## Wage Deductions
In general, manditory wage deductions are not a valid form of corrective action. Wages can only be deducted from an employee's check in limited circumstances.
## Voluntary deductions as a corrective action
In some cases, like if an employee breaks or loses equipment, it might be tempting to deduct the replacement cost from their pay. In most cases that's not permitted by labor laws except where the employee agrees to it in writing.
## From a lawyer's website:
> This text is copied from https://www.davidsonmorris.com/can-you-make-an-employee-pay-for-damages/
The law sets out specific situations where an employer is allowed to automatically make deductions from an employees wages. Wages can be automatically deducted where it is:
- Permitted by legislation/statute such as National Insurance (NI) contributions, or student loan repayments
- Set out in the employees contract of employment
- The employee has given their written consent
- Because of an [overpayment of wages](http://www.davidsonmorris.com/overpayment-of-wages/)
- As a result of the employee taking part in industrial or strike action
- To fulfil the terms of a court order or to a public authority
This is a finite list and does not allow for any deductions that have not been previously discussed or agreed with the individual. This includes cases of theft, failure to return a uniform, property damage, or failure to return company equipment.
Additionally, if there is a contractual clause allowing deductions, or the employee gives written consent, deductions made cannot reduce the employees wage sufficient for it to fall below the national minimum wage, unless:
- The deduction is because of NI contributions or income tax.
- It is a repayment of an advance of wages or a loan.
- It is repayment of an accidental wages overpayment.
- The employee is buying share options or shares in the company.
- If the employee has caused damage and their contract of employment allows for the deduction (retail workers have additional protections limiting deductions of more than 10% of their gross wage).