Initial rebuild

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Jason Thistlethwaite
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tags:
- communications
- conflictResolution
author: Jason Thistlethwaite
---
Workplace and interpersonal issues broken down and categorized in a fun way, to make it easier to identify and solve them.
Usually, these are all situations where things we expect to happen aren't, and it's hard to figure out what the problem is.
# Basic Index
[[Time Vampire]]
[[Help Vampire]]
[[Phantom Deliverable]]
[[Zombie Project]]
[[Werewolf Project]]
[[Monty Hall Project]]
[[Crab Bucket]]
[[Koolaid Man]]
[[Worry Virus]]
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Attendance is a key factor in job performance. Punctuality and regular attendance are expected of all employees. Excessive absences (whether excused or unexcused), tardiness, or leaving early is #unacceptable. If you are absent for any reason or plan to arrive late or leave early, youre expected to receive authorization from a supervisor before doing so, or at least notify your supervisor promptly.
Absences can't be entirely avoided because life happens, but everyone is expected to minimize unplanned absences as much as possible.
### Types of absense and attendance issues
We classify attendance situations a few different ways to make it easier to talk about and understand them.
#### Planned absense
We consider an absence planned when it was communicated about far in advance and received sign-off by affected people. Generally speaking, an absence is considered planned when everyone it will effect knows about it at least a week ahead of time, but several weeks is preferred.
#### Unplanned absence
We consider an absence unplanned when we receive short notice about it. We expect the amount of notice to line up with how soon an employee could have anticipated the absence.
#### Unauthorized absense
An absence is considered unauthorized when an employee is absent from work without permission. That can include situations like failure to provide notice, being myseriously missing from work (at any point), or failing to show up to work after a time-off request was denied. This is also the case if an employee tells us they're not coming to work instead of asking for the day off.
#### Presenteeism
Presentiumeeism is what happens when a person is at work when they shouldn't be. For example, a person is too sick to be at work, but they show up anyway. If a person shows up at work unfit for duty and has to be sent home it may be considered an unplanned absence.
#### Virtual Absence
A virtual absence is when an employee is working remotely or at a satellite location but they're not reachable by other people who are working. Here are some examples:
- An employee working remotely leaves their company chat app closed or muted and isn't responding to messages.
- An employee working at a sattelite location isn't answering the phone.
The situation being the person might actually be doing work, but since supervisors can't communicate with them they may as well be absent because orders and information about the work can't be exchanged.
#### Missing from post
A person who is at work but is mysteriously missing from their assigned work area without a good reason might be considered absent, particular if it's habitual. While the person might actually be at work, they're not in the area they're supposed to be.
Here are some examples of when an employee might be considered missing from post:
- An employee who is supposed to unload trucks around the same time each day is habitually found using the bathroom for long periods of time instead.
- An employee who is supposed to attend a meeting every Monday at 9:30am is habitually absent from the meeting because they are working on something else.
- An employee who is supposed to start work at 9am is habitually missing from their work area because they are eating breakfast in the breakroom instead.
- An employee shows up to work, but doesn't report to their supervisor. Instead, they spend the majority of the day doing something nobody assigned them to do.
## Excused and unexcused absences
An absence can be excused in two main circumstances:
1. It's a planned absence that was approved of ahead of time by a supervisor.
2. It's unplanned but it was approved of because there is evidence it couldn't reasonably be avoided.
In just about any other situation an absence is unexcused.
In general, a person who misses more than 3% of their scheduled hours due to unexcused absences can be terminated. For a full-time person that means 7 or more unexcused absences in a year probably leads to termination.
An unauthorized, unplanned absence usually leads to an infraction for [[Absences and Absenteeism|absenteeism]], and may be subject to corrective action more swiftly.
## What makes something an unplanned, unauthorized absence?
Here are some examples we would usually consider unauthorized, unplanned absences. In general, these kinds of absences can't be excused. There are plenty of other situations where an unplanned, unauthorized absence wouldn't be excused, but these represent the most common situations.
### Example 1: Failure to schedule appointments in a responsible manner
A person who calls off work unexpectedly because of something they should be able to plan in advance is probably absent without authorization. In the example below, the person called off work because they were having a washer and dryer delivered. Then, despite saying they would come to work after the delivery, they never showed up. In this situation, the person told us about it 45 minutes before their shift was supposed to start.
![[Pasted image 20230110221351.png]]
### Example 2: Sick and going back to sleep
![[Pasted image 20230110221824.png]]
In this case the person messaged us about 30 minutes before their scheduled shift, and they didn't ask for the day off. Instead, they told us they aren't coming in and they didn't provide any evidence they are sick.
### Example 3: Somebody else has an emergency but the employee isn't obligated to do anything about it
A person might call off work because a family member or child is sick or needs some kind of help. It happens from time to time.
In order for that kind of absence to be excused, the following things need to be evident:
1. The situation is real and not exaggerated or invented.
2. The employee is obligated to do something about it. There wasn't another practical way to handle it.
For example, imagine an employee calls off work because their dog needs to go to the vet. For that to be excusable the person would be expected to provide a note or something from the vet, as well as reasonable evidence there was no practical way to get treatment for the dog without calling off work unexpectedly.
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Our standard business hours are 9am to 5pm, Monday through Friday. From time to time the company operates extra shifts or slight changes in these hours.
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Once in a while people request being paid the same day or for some kind of loan. The company does those things sometimes when we're able, but when we aren't people sometimes become upset. This article is here to explain the right way to go about these things and what to expect.
## Same-day and short term requests are difficult to approve and considered harmful
We're a young company without outside investors or a lot of extra capital. On top of that, we pay our people weekly while most of our customers pay less often, like once or twice a month. That means keeping the lights on requires careful financial planning.
Whenever someone asks for earnest money we weren't expecting to pay out it means we have to go over our budget before we can approve it. That can be time consuming, and in some cases it has to involve multiple people and takes several days.
In other words, that means several people are spending time figuring out whether we can issue a loan instead of doing productive work. That's why we ask people to avoid doing this unless it's an emergency situation that will effect the company in a strategic way. People who make a habit of it are frowned upon and unlikely to be promoted.
## Seniority and responsibility
Typically, we will not approve any kind of loan or pay advance unless an employee has worked with us longer than a year and demonstrates high levels of responsibility.
## Improving your chances of a loan or advance
First of all, ask for it in writing, instead of in person. The idea is to give us enough information ahead of time that we can schedule a time to talk about it. That way, we're making the best use of everyone's time.
Usually, the best thing to do is email hr@ldrprep.com about it. You'll get an automated response with a ticket number, just like when customers email us. Then, if you need to have the conversation sooner, just tell us "hey, I'd like to talk about HR ticket 123, when do you have time?"
### Help us have confidence about it
When we approve loans, cashouts, or advances it is usually for one of the following general reasons:
- A long-term employee who's done a lot of great work wants some extra spending money for a vacation.
- A stellar employee has an emergency expense that would prevent them from getting to work if it's not handled.
- An employee has a proposal for a business idea or new venture that's aligned with our company's goals.
- Major life improvements like moving expenses, replacing major appliances, getting glasses or surgery, etc.
Other reasons are less likely to be approved.
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Individual departments or business units may establish a dress code suitable for the needs of the work being done. When no other dress code is communicated, everyone is expected to adhere to the following guidelines.
- Avoid wearing attire that creates a safety hazard. In general, loose or baggy clothing, long necklaces, or other things that can get caught in machinery are not allowed.
- Dress for the weather and temperature.
- Avoid clothing with provocative, offensive, religious, political, or controversial imagery or words.
- Keep your clothes on. Your top, groin, and feet should be covered by appropriate clothing at all times.
- Footwear should be something you are comfortable standing in for long durations of time as most positions in the company will have you on your feet for most of the day. Closed toe shoes are strongly recommended.
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Where possible, we invest in our staff by helping them work through issues in their personal life they might be struggling with. However, we don't have a formalized Employee Assistance Program (yet).
## How to request assistance
Email hr@ldrprep.com while you're off the clock and explain what kind of issue you're dealing with. If it's confidential, just say that, and we'll schedule a time to talk about it. If it will be a lengthy conversation, please be mindful of that. We want to help, but we might ask that a lengthy conversation be handled off the clock.
## What we might be able to help with
We have helped people in the past with various issues. This is a short list to give some examples.
To be clear: we're not lawyers, doctors, therapists, or anything else. However, we help where we can, sometimes through direct action, other times advice or referrals.
- Moving into a new place to live.
- Relocating from another state and finding a place to stay.
- Domestic violence and abuse.
- Substance issues like addiction.
- Financial planning, including setting up budgets or building credit.
- One-time medical expenses like getting new glasses.
- Needing clothing or food.
- Mental health issues like anxiety, PTSD, or depression (again, we are not therapists).
- Furthering education and developing skills.
- Disputes with service providers or companies like a car dealership, the phone company, or a landlord.
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#### Full-time
An employee is considered full-time when they are normally scheduled 35 or more hours during a week. Full-time employees are elibible for PTO, Holidays, and various other benefits or perks. Full-time employees are expected to work until the job is completed, which may mean working more hours than scheduled, particularly during peak season.
### Part-time
An employee is considered part time if they are usually scheduled for less than 35 hours during a week.
### Seasonal
A seasonal employee is somebody whose employment is expected to end once the current season is over. We sometimes offer seasonal employees ongoing positions if they particularly impressed us, but not always.
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## Logistics Done Right is an Equal Opportunity Employer
Logistics Done Right Inc. is an equal opportunity employer, which does not discriminate in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral or other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), national origin, age, physical or mental disability, or genetic information.
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Our company is closed for general operations on certain holidays. Full-time employees receive full pay for those days. Part-time employees receive pro-rated pay based on the number of hours they'd usually work.
1. New Year's Day
2. Memorial Day
3. July 4th
4. Labor Day
5. Thanksgiving
6. Black Friday
7. Christmas Eve
8. Christmas
If a holiday falls on a weekend when the business would normally be closed, we observe the holiday on the nearest week day.
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Employees can have other jobs besides working at LDR as long as the other job doesn't create a conflict of interest or harm their performance at our company. If an employee has a job outside of LDR they are expected to prioritize LDR in matters of scheduling, hours worked, and other matters.
If the company determines an outside job is interfering with an employee's job or work requirements, we may ask the employee to quit their other job if they want to continue working with us. For example, if an employee's schedule or availability keeps changing because of their second job, that might cause problems at LDR. In that case, we might ask them to quit their other job if the scheduling conflict can't be quickly resolved.
Similarly, if the company determines an outside job is creating a conflict of interest an employee may be asked to quit that job. For example, an employee who has a second job working at a competing company may be asked to quit their other job.
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LDR values time, and we offer a generous paid time off plan.
Hourly employees hired prior to April 21, 2022 accrue PTO at a rate of 1 hour per 10.8 hours worked, to a maximum of 192 hours (24 days).
Employees hired after April 21, 2022 accrue PTO at the following rates based on the number of years they have worked at the company.
| Year with company | Hourly Accrual Rate | Max Unused Days |
|:-----|:-----|:-----|
| During first year | 1 hour PTO per 26 hours worked | 10 days |
| During second year | 1 hour PTO per 17.3 hours worked | 15 days |
| During third year | 1 hour PTO per 13 hours worked | 20 days |
| During fourth year and beyond | 1 hour PTO per 10.8 hours worked | 24 days |
PTO cannot be used until an employee has been regularly employed with our company for 90 working days.
## Unused PTO and forfeiture of PTO
Unused PTO is forfeited upon termination of employment except where there is a written agreement about payment for unused PTO.
Generally speaking, an employee who quits, is laid off, or is terminated forfeits their PTO unless they have worked with the company for more than a year in a full-time capacity and have very few, if any corrective actions or write-ups in their personnel record.
### PTO accrual pausing
Under certain circumstances accrual of PTO can be paused. When PTO is paused, effected people stop accruing PTO.
This may occur on a departmental or company-wide level if the performance of a particular division is below expectations. It may also occur on an individual level as a form of [[Corrective Actions|corrective action]]. In general, when a person is subjected to [[Retraining]] their PTO accrual is paused.
## Absences, Sick Days, and Personal Days
Our company doesn't maintain a separate pool of days for different kinds of absence or leave. A person's PTO is used to cover all such situations. PTO use is generally only approved for excused absences. See our [[Foundations and Governance/General Policies/Attendance]] policy for further explanation.
### Examples of when PTO can be used to cover absences:
- A person who calls off sick, has proof of the illness, and provided appropriate notice can generally apply their PTO to the absence.
- A person who requested days off weeks in advance and received approval can use PTO to cover those days.
Having unused PTO days doesn't necessarily entitle an employee to take days off. Days off still need to be approved and scheduled as much as possible to avoid creating any delays or problems in the workplace. During times when the company is experiencing a lot of delays, heavier demand than usual, or staffing shortages PTO may not be approved.
## Limited PTO Periods
A Limited PTO Period is a specific time block during which scheduling PTO requires approval further in advance than usual, and there are more restrictions about approving it.
When a Limited PTO Period is announced the special scheduling requirements will be included with the announcement, and if they are not they are as follows:
1. Scheduling PTO requires 30 day notice prior to the first day of absence;
2. If multiple people are requesting overlapping days, they will be approved based on tenure and a first-come-first-serve basis;
3. Unplanned absences can result in immediate [[Corrective Actions]] if they are not excused.
### Standard peak season Limited PTO Period
By default, there is a Limited PTO Period during peak season each year. Unless there is a different announcement that Limited PTO Period includes:
1. The second week of November through Christmas Eve.
2. The first two weeks of January.
## Required vacation
Once per calendar year each employee is strongly encouraged to schedule at least 5 consecutive days off work. This is to encourage taking a real vacation and rest from work.
## Fractional PTO Use and rewards for long term service
When planned and approved in advance, PTO can be used in any manner that doesn't cause a business disruption. This is especially true for employees who have seniority. Some novel examples of that (which would still require advanced approval), include:
- Leaving 2 hours early on Fridays but still receiving pay;
- Spending 1 hour of PTO per week to have a 1 hour long lunch;
- Taking the 2nd Wednesday off of every month;
- Observing personal or cultural holidays the company doesn't officially observe.
For such planned, approved uses of PTO, the following factors will generally be considered:
1. The PTO use doesn't cause a problem of any kind in the work place;
2. The person requesting it is an employee in good standing who has a record of stellar performance;
3. The person requesting has worked with the company for several years;
4. With the modified schedule the PTO use allows, the person is still accruing a positive PTO balance.
In the examples listed above, a person who's worked with the company long enough to be accruing 24 days of PTO per year would still be earning at least 1 unused day per month even with the modified schedule.
### Fractional PTO use for unplanned absence
In the case of unplanned use of PTO, it will generally only be approved in 4-hour or 8-hour increments. If the underlying absence was shorter, the remainder is forfeit.
For instance, an employee is an hour late to work, but it's for an excusable reason. They can opt to use PTO to receive pay for that hour, but in doing so they will be spending 4 hours of PTO to receive one hour of pay. This is to encourage employees to use PTO in planned, non-disruptive ways.
## PTO Cashout
Employees in good standing with a track record of stellar performance may be eligible to exchange unused PTO for extra pay. This is intended to assist employees with covering unexpected expenses or emergencies, acting on investment opportunities, or major life expenses. Such cash outs are not an entitlement, and will be approved on a case-by-case basis.
Generally speaking, the following factors are weighed when a PTO cashout is requested:
1. The financial health of the company;
2. The performance and employment record of the requesting person;
3. The legitimacy of the reason a cash out is being requested.
For example, a person who has worked at the company for several years with stellar performance might request cashing out several days of PTO to upgrade kitchen appliances, renew a lease, or other expenses that represent a major life improvement.
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LDR utilizes a weekly pay period which begins on Wednesday and ends on the Tuesday of the following calendar week. This means that payroll is typically run on Wednesdays and employees should receive pay by Friday. We do this so employees have their pay available by the weekend.
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We generally pay our staff using direct deposit. We make exceptions sometimes, but we prefer to avoid that because of the extra complication and overhead it causes.
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Employees, visitors, and contractors are responsible for their own personal property brought to the workplace. We don't have the time and resources to monitor personal property or investigate damage, theft, or mysterious events surrounding personal property. You have been warned that the company will not provide any kind of assistance with issues that happen with your personal property. If it gets broken, damaged, lost, stolen, or something else it's entirely your responsibility.
## General rules about personal property
- Personal property shouldn't create a disruption to other people. If it does, we might confiscate it or ask you to take it home.
- Personal property shouldn't be left in common areas or at shared-use stations. If it is, it could be moved, misplaced, or damaged.
- Make sure your name is on any personal property you bring.
- Personal electronics should not be charged at work if doing so clutters a work area or requires unplugging company-owned devices.
### Christmas lights, holiday decorations, or similar
It's unfortunate we have to mention this here, but excessive decorating for holidays is strongly frowned upon. These things tend to create clutter, trip hazards, fire hazards, or other issues.
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It can be tempting to personalize work areas, like putting up posters or decorations, or other things to make it feel a little more like home. This is generally allowed providing our stance about [[Personal Property at Work]] is adhered to, and personalizations don't cause some kind of problem.
Generally speaking, unless you've been given a desk and a computer that only you have a password for, you don't actually have a station that is truly yours, even if you do tend to work in the same area most of the time. If you decide to personalize an area like that it's best to check with your supervisor first to make sure it won't cause some kind of problem.
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# General Policy Folder
The documents and articles in this folder are meant to explain what's normal or usual in different circumstances within the company. It's kind of a miscellaneous collection of how various situations are usually (or supposed to be) handled.
Everything in here is subject to change, and nothing should be taken as a hard or official rule. Rather, this should all be taken as a set of guidelines.
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Solicitation refers to things like advertising or selling something, collecting signature or donations, and that sort of activity.
Soliciting for memberships, pledges, subscriptions, or collecting money isn't allowed during work or over company communication channels. This is especially the case if the solicitation is political in nature. However, it is allowed while on break or during lunches, as long as everyone involved is also off the clock.
Posting signs, fliers, petitions, or anything like that on company property requires approval from the company. That includes posts on bulletin boards, the refrigerator, or other places.
For example, imagine you're trying to raise money for a charity. It's okay to do that while on break as long as the people you're talking to about it are also on break. However, it's not okay to send a company-wide email or use our chat system to do it, even if you're on break. It would be okay to put up a sign about the charity, but only if you receive approval.
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Unless an employee has a written employment agreement with Logistics Done Right Inc, which provides differently, all employment at Logistics Done Right Inc is “atwill.” That means that employees may be terminated from employment with Logistics Done Right Inc with or without cause, and employees are free to leave the employment of Logistics Done Right Inc with or without cause. Any representation by any Logistics Done Right Inc officer or employee contrary to this policy is not binding upon Logistics Done Right Inc unless it is in writing and is signed with the approval of the Board of Directors.
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# Corrective and Disciplinary Action
A write-up documents an employee has been told a behavior or action is the wrong way to do something and it shouldn't be repeated. This article covers how write-ups are meant to work and supposed to be handled.
## 9 Types of Infraction
Our company officially recognizes 9 types of infractions as outlined here.
### Tardiness / leaving early
Showing up late to work or leaving before a person is supposed to, especially without providing adequate notice. This is elaborated on in the expanded article about [[Tardiness]].
When a person will be late to work they are expected to notify their supervisor an hour ahead of time. If that isn't possible, they are expected to notify as soon as they are able, with an explanation about why more notice couldn't be provided.
In general, a person should be written up for Tardiness in the following cases:
#### Late to work
- More than 5+ minutes late 3+ times within 30 days;
- More than 20 minutes late on a single occasion.
#### Late from break or lunch
- More than 5+ minutes late returning from break or lunch 3+ times within 30 days;
- More than 20 minutes late on a single occasion.
### Absenses or Absenteeism
[[Absences and Absenteeism]] is when an employee exhibits unsatisfactory attendance by missing an unacceptable amount of their scheduled work hours.
Generally, a full-time employee is expected to work at least 97% of their scheduled shifts, which means missing fewer than 7.5 days in a year.
The expanded article on [[Absences and Absenteeism]] elaborates.
### Safety
A [[Safety]] infractions occurs when someone's actions or behaviors are harmful to (or could harm) people, property, or process in an irreversible way. Safety is very serious, so an employee should be written up whether any actual harm was caused. The write-up should specifically reference what kind of irreversible harm happened or could have happened.
The expanded article about [[Safety]] expands on this.
### Insubordination
[[Insubordination]] refers to an employee who is outright disobedient or disrespectful to a supervisor or owner of a business. This includes engaging in actions or behaviors that undermine authority, like spreading gossip or rumors, or disrespecting a manager in front of other people.
### Policy Violation
A policy violation occurs when an employee violates or circumvents an official policy or process. It can either be one serious event or a pattern of smaller events. Something can be a policy violation even if no harm was caused.
For example, employees are supposed to put their barcode scanners on chargers when leaving their station. An employee who has a habit of not doing that could be written-up for a policy violation, even if it didn't cause some other kind of problem.
Generally speaking, many examples of a policy violation could also be considered [[insubordination]] and vice-versa, but there are situations that might not be the case.
The article on [[Policy Violation|policy violations]] explains in more detail.
### Quality of Work
A quality of work infraction happens when an employee's work has too many mistakes or errors. It can either be one serious event or a habitual pattern of making mistakes or errors.
The article on [[Quality of Work]] elaborates on this.
### Quantity of Work
A quantity of work infraction happens when an employee gets less work done than is normally expected.
The article on [[Quantity of Work]] expands on this.
### Misconduct
Misconduct is any behavior that goes against the
[[General Rules of Conduct]], [[Guiding Principles]], or other policies that dictate how employees should behave at work. This might include unethical, unprofessional, or even criminal behavior that takes place within a workplace setting.
The linked article elaborates on [[Misconduct]].
### Other
Other reasons for a write-up may exist that aren't covered by the 8 major categories. The recommended way to identify this is when something an employee does upsets someone else and there isn't a good explanation for why they should be allowed to do it.
Essentially, Other is for cases where a supervisor believes an employee's actions are hard to classify under any of the 8 other infraction types, but still aren't acceptable at work.
## Who can or should initiate corrective action?
All supervisors are expected to manage their direct subordinates and initiate corrective action when infractions occur.
### When should a supervisor issue a writeup to people who aren't their subordinate?
Generally speaking, a supervisor should issue a writeup to other people's subordinates under certain circumstances. However, the write-up has to be reviewed by that person's direct supervisor at the nearest practical time, and doesn't take effect unless that kind of review isn't practical considering the situation.
Supervisors can and should take corrective action towards another person's subordinates in the following sorts of situations:
1. The employee is in the supervisor's area causing a problem of some kind, instead of being where they are supposed to be at.
2. The employee is breaking a widely known rule and their supervisor isn't around to notice.
3. The employee is creating serious disharmony or danger in the workplace and there isn't time to notify their supervisor about it before taking action.
## Supervisors and infractions
Supervisors are responsible for taking corrective action when their subordinates commit infractions. It is up to each supervisor's best judgment how to handle this, but there are some guidelines and expectations about it.
Generally speaking, if more senior management has to initiate corrective action because a supervisor failed to do so, the supervisor may also be subject to corrective action.
Take for example, an employee has particularly poor attendance, and it's causing their team not to get enough work done. Their supervisor hasn't initiated corrective action, so a senior manager has to do so. In a case like that, the supervisor may also be subject to corrective action because it's their job to manage their subordinates and they failed to do so.
## Escalating response / 3 strikes
In most cases, an employee who repeats the same kind of infraction more than once should be handled using a 3-step escalating response. However, there are exceptions. This section will explain that.
Generally speaking, a write-up is considered a repeat infraction if the same employee has previously committed an infraction that checked the same box and that infraction hasn't dropped-off yet (explained in [[#Infraction drop-off fall-off period]]).
### How to determine if it's a repeat violation
The top of our corrective and disciplinary action form has 9 checkboxes, one for each of the violation types (like tardiness, absenteeism, and insubordination). The checked boxes are what determines the kind of infraction, not the circumstances or particulars.
For example, an employee who has been corrected about being absent two different times, even though it was for different reasons, has still been absent twice.
A lot of times when an employee is corrected about a repeating behavior they seem to think the most recent example is the only thing they did wrong.
The main reason for this seems to be the employee is not understanding that the 8 types of violation are what's being counted, not the individual circumstances of each incident. For example, an employee might be habitually absent for several different reasons ranging from car problems to alleged food poisoning. The most recent time they called off work was because their kid was sick. The employee may not understand that Absenteeism is the problem, and it doesn't actually matter that each reason they were absent was a different reason.
Also, a single incident may actually be more than one kind of violation. For example, an employee called off work without giving appropropriate notice after you recently explained to them what the expectations are about that. That single incident may be Absenteeism as well as Insubordination.
### Escalating Approach
The steps to escalating infractions are briefly outlined in this section. Please be aware that while we strive to give everyone chances and retain a great workforce, there are situations where an escalating approach may be impractical or unwarranted, and more serious action should be taken.
#### Step 0 - verbal warning
The first time an infraction occurs the employee should be given a verbal warning or explanation about what they've done wrong. The supervisor is then expected to document this happened in the [[HR Tracker]] or by emailing hr@ldrprep.com.
#### Step 1 - written warning and coaching
The second time an infraction occurs the employee should be given an official written warning and [[Coaching]]. Coaching is essentially a structured conversation that points out what the employee did wrong and what they are expected to do instead. The employee is then expected to sign-off that they were talked to about it and understand what's expected.
This is the employee's opportunity to highlight any reason they can't do what's expected. Employees are expected to clearly state what they need in order to do what's expected. Requests that are reasonably practicable should be granted.
#### Step 2 - counseling and corrective action
If an employee repeats the same kind of infraction again [[Counselling]] may be appropriate. The goal of [[Counselling]] is to understand why the behavior is happening and then assess what to do about it next.
The distinction is that Coaching is focused on what is needed in the future, how to do it, and identifying what the employee needs to succeed. Counselling focuses mainly on the past, and strives to figure out why the employee isn't succeeding after we've made clear what's expected and given them what they claim to need.
A variety of [[Corrective Actions]] could be taken during this stage, including alternative remedies agreed to by the employee. The goal is to ensure the same type of infraction doesn't happen anymore, and make sure the employee understands they could be terminated if it does.
In some cases at this stage, we may not be able to work out a solution that enables an employee to continue working with us. In such cases, we may ask the employee to resign, or if they are generally uncooperative or exhibiting hostile, defensive behaviors they could be terminated.
#### Step 3 - termination
At this stage, an employee should be terminated unless there are prevailing reasons doing so will cause a problem worse than a repeat of the same behavior. In which case, we will seek to isolate the harm they can cause while we work on solving whatever issue is preventing them from being terminated.
### Infraction fall-off period
Written warnings and counselling statements generally "fall off" after a period of good behavior. This means they aren't generally considered when making employment decisions about the employee. In most cases, this is expected to happen after 12 months without any further infractions for the same thing. There may be some exceptions, particularly for patterns of inappropriate behavior or more egregious behavior, such as harassment, violence or safety and security violations.
Example A: An employee has a written warning from two years ago about attendance issues. Recently, they've begun to have some attendance issues for personal reasons. However, their attendance has been outstanding since they were last warned about it 2 years ago, so the company doesn't consider the new attendance issue a repeat of the same thing.
Example B: An employee has a written warning on file from 3 years ago about making innappropriate comments and gestures to another employee. A similar situation has occurred recently. In this case, the underlying infraction might be deemed serious enough to warrant stronger corrective action, like a final warning or termination.
Generally speaking, infractions in the following categories are more likely to be considered beyond the 12 month fall-off period:
- Safety
- Misconduct
- Insubordination
- Policy Violation
The categories for absenteeism, tardiness, quality of work, and quantity of work are generally less serious. If the infraction occurred over 6-12 months ago, it should be overlooked if the employee has had no related infractions in that time period.
### Alternative solutions to write-ups
Supervisors are allowed and encouraged to work out alternative solutions with employees to maintain an efficient, sane, and productive work environment. An alternative solution is basically giving the employee an alternative to being written up.
The key thing about alternative solutions is they must actually resolve the underlying problem.
Alternative solutions are allowed providing they're documented and the employee agrees without being pressured. A supervisor who enacts an alternative solution is responsible for making sure it complies with all relevant labor laws and the employee is informed it is entirely optional.
#### Examples of alternative solutions that are probably acceptable.
##### Pushups for being late
A supervisor makes a team policy that people who are late to work have to do one pushup for each minute they are late, otherwise they can be written-up for tardiness. Nobody can be forced to do this, but if it actually improves punctuality for the team, it is probably an acceptable alternative solution.
### Pre-escalation
There are certain factors that can make a single infraction more serious than normal. In those cases, the escalating steps to resolution might be skipped. It is up to each supervisor's best judgment, and these just serve as examples and guidelines.
#### Omnibus Infraction (2+ infractions at the same time)
Two or more different infractions were committed at the same time.
For example, an employee was 2 hours late without notice (tardiness) and called their supervisor an asshole in front of other people (insubordination).
Another example would be an employee is getting less work done than they should be (quantity of work) and when asked they lied about it (misconduct).
#### Safety - actual harm caused
A safety infraction where actual irreperable harm or damage was caused.
#### Gross misconduct / breaking laws
The employee engaged in some kind of misconduct that is clearly illegal. For example, selling drugs at work, passing bad checks, or stealing customer inventory.
#### No-call, no-show
An employee was absent for a whole day and couldn't be reached.
#### Major work stop
An employee's actions caused a major pause in operations for several people.
## Actions vs. Behaviors, and when to call it
Some actions are so serious a single incident warrants corrective action, like if an employee punches somebody. In other cases, an individual occurence isn't really a problem unless it becomes a habitual behavior.
Take this example: employees aren't supposed to use company supplies for personal projects. An employee caught using a printer to print out plane tickets isn't that serious, and neither is an employee who takes a cardboard box home to pack some junk. Neither of those things generally constitute a write-up unless they start to become a habit.
However, an employee who loaded up 25 boxes, two tape guns, and a case of tape to take home with them... that's an action worth a write-up if they didn't have permission to do that.
Generally speaking, if any particular situation caused a work stop for 15 minutes or more, it's worth issuing a write-up. So for example, if an employee is 15+ minutes late in a single event, it makes sense to write them up for [[Tardiness]].
## Defense against write-ups
There are certainly cases an employee may be written-up when they shouldn't have been, and this section talks about how employees are expected to handle it if that happens.
There are a few major ways a write-up can be nullified or amended. The goal will be to make sure the write-up is accurate and truthful.
The primary ways a write-up can be nullified or amended are if any of the following things are true:
1. The information in the write-up is not true.
2. The situation described in the write-up was caused by a different employee.
3. The supervisor was acting in bad faith when conducting the writeup.
4. Whatever you did, while technically against the rules, was more beneficial to the company than harmful.
### How to get a write-up amended or canceled
Write an email to hr@ldrprep.com referencing the write-up and explain the reason you think the write-up should be amended or canceled. Be sure to include evidence, and cite which of the following general reasons it should be canceled or amended.
#### The information in the write-up is not true.
Be sure to explain what exactly isn't true and include any evidence, witnesses, etc.
For example, you were written up for being absent without notice. However, you actually did notify your supervisor and you have a screen shot to prove that.
#### The situation described in the write-up was caused by a different employee.
Essentially, you're saying you've been accused of something a different person did or that somebody else made you do it. Back up your claim with evidence, witnesses, and anything else. Don't leave out information we might have to later ask you about.
For example, you were written up for quality of work because a bunch of your work had mistakes that needed to be fixed. You've been distracted by another employee who is constantly interrupting you, and that's what is causing the mistakes. You have previously complained about it and nothing has been done.
In that case, your email should reference the times you've reported the distraction and that nothing has been done about it.
#### The supervisor was acting in bad faith when conducting the writeup.
Essentially, this argument claims the supervisor issued the write-up in bad faith. Meaning, they aren't really trying to fix a problem in the company, instead they are acting on some person motivation like revenge, a grudge, hatred, etc. If you're going to make this kind of claim, make sure you have evidence to back it up.
#### Whatever you did, while technically against the rules, was more beneficial to the company than harmful.
This sort of argument should be premised on which of the [[Guiding Principles]] you were upholding through your actions.
For example, let's say you are three hours late to work without providing notice, and your supervisor wrote you up for it. The actual reason was because you stayed up all night long to finish a proposal for a major customer, and then you slept through your alarm. One could argue that upholds principles 2, 8, and 9 because otherwise the customer would not have been satisfied.
### What happens next and what to expect
If you follow the proper instructions for defending against a write-up the company will evaluate your claims. The write-up may then be amended or canceled.
If some kind of adverse, corrective action was already taken the company will make all reasonable efforts to reverse it.
A copy of the write-up, your defense against it, and the determination will be part of your permanent personnel file.
### Ineffective defenses against write-ups
These are some things people try from time to time to cancel out a write-up and these things don't work. In fact, they usually make the situation worse.
#### Arguing with the supervisor / storming to the office
Imagine what would happen if a person was pulled over for running a stop sign. Instead of cooperating with the officer they get into a loud shouting match. The officer has to call for backup. Then, the person runs away from the police and storms into the local courthouse, demanding to speak with the judge.
Arguing with a supervisor about a write-up or storming up to the front office are about the same. They won't help your case.
It is much better to [[#How to get a write-up amended or canceled|follow the proper procedure]] of emailing hr@ldrprep.com about the situation.
#### Claiming to be singled out / pointing out stuff other people are doing
If you wait to complain about someone's behavior until you're in trouble it's probably going to make the situation worse. Especially if the other person's alleged behavior is a totally different kind of infraction or has no impact on your actions.
If you claim something like this and we're not able to find evidence your accusation is true you could be written-up an additional time for lying (misconduct).
Take this for example:
Employee A is being written-up for safety because they have been caught talking on their phone in the middle of busy warehouse aisles. Employee A says "why are you singling me out! Employee B is leaving early all the time and Employee C smells like weed."
Let's break down why this doesn't make sense:
First, Employee B leaving early, even if it's true, has absolutely nothing to do with safety. It also has nothing to do with why Employee A is talking on their phone in a dangerous area.
Second, if Employee C *does* smell like weed and Employee A hasn't said anything about it, that only strengthens the point that Employee A is disregarding workplace safety.
Here's what could happen in that situation.
Employee A is still written up for safety, because talking on the phone in the middle of dangerous areas is still a safety violation.
Employee A receives an additional write-up for knowing about a safety problem and failing to report it.
Next, we investigate to see if Employee C is actually high at work. We can't find any evidence, so then Employee A gets a third write-up for lying (misconduct).
## Independant contractors and infractions
Independant contractors, such as people paid on a 1099 basis for a particular project, are not employees. As such, they can't be corrected the same way as employees. When a contractor does something we disagree with or dislike our primary option is to consider whether or not to terminate their contract.
General rules and policies about independant contractors can be found under [[Contractors and Subcontractors]].
Generally speaking, a contractor can still be written-up as a way to record they've done something we find unsuitable or unprofessional, but none of the corrective actions or escalating process can be applied to a contractor.
Instead, the write-up just serves as internal documentation the contractor did something we feel is worth holding in consideration when evaluating whether or not to continue or renew their contract, or whether to hire them as an employee.
For example, a contractor who doesn't show up to do the work they agreed might be annoying. If an employee did that, it would probably be considered absenteeism. We can still sort of think of the contractor as being absent as a simple way to talk about it, but we can't enact any corrective actions like suspension, retraining, reassignment, or anything like that. Our only real option is to cancel or renegotiate the contract.
However, if the contractor later wants to be hired as an employee would still want to have a record of how they behaved as a contractor and use that to evaluate whether or not hiring them as an employee is likely to be a successful relationship.