What can we do to disipline our employee's? (CALIFORNIA) We have several employee's in our small company and they have proven that they do know their job and can do it very well. However, we have spent alot of time talking to all at once and recently one on one to explain the importance of the duties they have and it is getting to where we are going to start writting people up. So when and if we need to write them up what kind of actions can we legally take other than writting it on a piece of paper. We want to keep these people because they are good at their job, but have become lazy. Since we have never had to write anyone up there seems to be zero fear of disipline this started to become a problem in the last few months. I guess basically I want to be able to disipline and get the point across without termination unless all else fails. :(
Thank you for any input on this matter.

Well, you can institute unpaid suspensions as part of your disciplinary process but personally I think those are a terrible idea and counter-productive. Suspended employees don't sit home and think about how they need to start doing a better job; they're sitting home getting pissed-off and worrying about how they're going to pay the rent or the mortgage. Pissed-off employees are not focused on how to address their performance issues.

You need to insitute a fair and consistent progressive disciplinary process (1st level warning, 2nd level, final warning, and then termination if the problems persist.)

Disciplining an employee at any level consists of:

1. Briefly describing the problem.
2. Stating what changes need to be seen.
3. The time frame in which improvement must be demonstrated.
4. Consequences if improvement is not made and sustained.
5. As appropriate, any resources available to the employee (add'tl training, for example.)
6. The date at which the supervisor and the employee will review the employee's progress.

You also need to make it clear in the discipline that stating a time frame for improvement is not a guarantee of continuing employment for that period of time. Additional discipline or termination will occur sooner if there is no improvement or if other problems arise.

Beth,
Thank you for your response. I too agree suspension probaly isn't the best way. However, I know the employees personally and it may work for one or two and not another.
Still, I would rather not go that way. I know of the warning system etc.., but need to know in using warnings if I want to give three then what could I do on the first or second to make it really clear (dock pay an hour?, suspend that you already covered, what other things can I legally do). I know that if there was something I could put in writting about what will happen with each warning prior to termination the employees will start doing things correctly, but I would like something other than verbal or written warnings alone there must be something, They are good people and I have seen them work when they aren't being lazy and they all love where they work. If they knew that something physical like dock of pay or suspension then I think it would work.
I don't want to start with suspension it's far too extreme right now something smaller would be better in this situation I just don't know legally what I can take away or give.
thank you,

You cannot dock pay as such. Period. Nonexempt (hourly) employees must be paid for all hours they work. Nonexempt employees must be paid their full week's salary for any week in which they perform any work (with a couple of exceptions which do not apply here), or if they are suspended for a least a full day for serious violations of a company policy which was disseminated and known.

Beth has given you excellent advice. You don't want to open yourself up to accusations of favoritism or harrassment because you were inconsistent in how you treated employees who are similarly situated and have the same issue.

I looked at my response and can see that I was not clear about the suspension and may work for one or two and not the other.
To be clear I agree that it must be the same for everyone whatever the disipline may be. I would not like for one of our employees to feel they were treated different than another. The employees we have I enjoy all and love working with them.
We are a tax office so during the off-season it's not as busy as tax season, and that is were the problem has come it's slower so they have become lazy.
During the season they are on the ball this is were I struggle with the fact that in the end I do not want to terminate any of them; they are trusted and all work well together. However, if in the end it's best for the company I will do the things anyone should not like to do like terminate.
I just want to be sure to cover all legal issues, I wouldn't like any of them would do anything but you never know and can't take the chance.
I didn't think docking pay was going to be o.k. but wanted to be sure. Thank you for the information you have provided. I was hoping that there would be something instead of just the verbal and written warnings or at some point prior to the last and final (terminiation) there would be some kind of disipline I could add to the warnings and if needed to use.
This I only want because knowing the people if there was something to lose other than the final and end of job. They would start doing what they are supposed to do all year.
Please do not take offense to this next part.

They are young and because it's an office that is pretty casual and I am not hard to work for. As long as you do your job I am fine if it's slow and you want to read a magazine or check your e-mail or do some school work(for your college) because I know you have done all of the work that is there for that moment. We are all very much into anyone going to school so if there is time we encourage them to work on that. I know young doesn't mean all younger people are that way
But now because we are all so close, it is being taken advantage of and work is not getting done. Then I have to fix it or get on them to fix it (never do I yell or be little).

Again this is not meant to say that all younger people are this way. Right now it's the people I have but I know they can do the job.

Thank you again.

I was hoping that there would be something instead of just the verbal and written warnings or at some point prior to the last and final (terminiation) there would be some kind of disipline I could add to the warnings and if needed to use. Whippings? Public stocks?

Your employees may be young but you are not their parent. Treat them as adults and that means using the disciplinary process I've outlined above. Set clear expectations for their behavior and job performance and then they are accountable for meeting those expectations.

It appears to me you're looking to motivate employees through punishment (suspensions, docking pay) and that just does not work. Nor is it the way adults should interact in the workplace.

You cannot dock pay as such. Period. Nonexempt (hourly) employees must be paid for all hours they work. Nonexempt employees must be paid their full week's salary for any week in which they perform any work (with a couple of exceptions which do not apply here), or if they are suspended for a least a full day for serious violations of a company policy which was disseminated and known.

Beth has given you excellent advice. You don't want to open yourself up to accusations of favoritism or harrassment because you were inconsistent in how you treated employees who are similarly situated and have the same issue.


I think Patty meant "Exempt employees must be paid their full week's salary for any week in which they perform any work."

Of course, you can dock for full days absenese occasioned by the employee (personal days), but you can not dock pay for reasons occasioned by the employer, with the exception for some "safety" violations -- which I could not see remotely being relevant in a tax office. Thus, even if you sent a salary employee home because she was lazy, you would still have to pay her the full days pay as long as she was ready, willing and able to work.

In any case, it doesn't seem that you are looking down this route, but thought I would clarify it in case any others read the thread and do decide to use that option.

I was hoping that there would be something instead of just the verbal and written warnings or at some point prior to the last and final (terminiation) there would be some kind of disipline I could add to the warnings and if needed to use. Whippings? Public stocks?

Your employees may be young but you are not their parent. Treat them as adults and that means using the disciplinary process I've outlined above. Set clear expectations for their behavior and job performance and then they are accountable for meeting those expectations.

It appears to me you're looking to motivate employees through punishment (suspensions, docking pay) and that just does not work. Nor is it the way adults should interact in the workplace.

Beth,
Whippings? Public stocks? :eek:
I am assuming you added these as an example. Because that was not in my post.
I probably am not typing it out clearly, it seems you are reading and taking what I say the wrong way.

Yes, they are young and NO I'm not their parent and not trying to be.
It may appear that I want to motivate them by punishment but that is not the case at all. I have seen all kinds of managers who be little or motivate through disipline I have never done that nor do I intend to.

We all have tried positive talking, there is an open door policy that any employee may speak to us whenever they want about anything that bothers them (and they do). I love the policy but now I think they may be too comfortable therefor not working as they did.

As I stated in another post we are all close. They do know their jobs and have proven they can do them very well.
My reasons for wanting something else to let them know the possible things that can happen that does not mean I will insist that particular disipline, I only wanted something I could legally add because I know them individually talking to them lasts about a week or two then back to lazy.
These are great people young or not, We just need some kind of fear put into the situation.

Hopefully, that won't be taken literally. I never want employees to have any fear at work. In normal circumstances at any other job most people have the fear of losing their job if not done right. They like the pay check and don't want to receive zero $.

As I said prior, suspension is not what I am looking for that is a last resort kind of thing. Which is why I thought posting a question here would help because I don't want to give up on them not yet anyway(even if they were 75 yrs old).

I also stated that I didn't think docking pay was o.k., but thought I would ask because I do not know every law out there so I will ask around and before I ever do anything I would still call my Labor Board to be 100% sure.

Your reply on suspensions (the first one) I agreed with I did not think suspension was needed.

Adults should not be treated that way, and they are not at my office. I now regret the mention of young, I knew someone would take it the way you have. :(
If you read it again, I said not all young people are like that, and I also said please don't take it wrong. After I posted it I figured someone will take wrong but had hoped they wouldn't.

YES, there are young people who don't care. Go thru a drive-thru or a department store or even a Dr. office, do you get the customer service you should, I doubt you will, over the years and even when I was 15 working (work permit) I watched it all start to decline.

Most because they have managers who motivate by punishment or they were not brought up to care about their job. I was, customer service is not an issue with our employee's, it is the work behind all of that.

Perhaps, prior to typing what appears to you, read the other things I said and maybe then you could see that those kinds of punishments were not what I wanted for anyone.

I posted here to try to get some information and perhaps some ideas. Your outline is great extremely similar to the one I do have in my office, and what I find in most handbooks over the years.

Every person in charge or has people that answer to them should also make them feel comfortable and at ease when the "Boss" is around. We have that but like I said I think they just are too comfortable right now.

We are a tax office and tax season is around the corner, they work hard during those times. All I wanted was something I could do with the warnings (doesn't mean I would use it but they don't have to know that only that I could). I really don't want January to come and the CEO tells me (the CFO, Mgr, Tax preparer and the one everyone goes to when anything is wrong- and I love my job it's stressful but I love it) that I have to let those people go and train new people during the most critical months of our year because then even more mistakes would be made due to new training (wouldn't be the new persons fault, they are learning) and learning alot all at once by the time tax season is over is when most usually get enough training to be able to come the next season if not staying through out the year.

I'd rather not write book but maybe I need to and make sure what I am trying to get across doesn't end up with someone thinking I'm wanting to use only extreme punishments to motivate people or trying to be their parent. I have children I take care of at home everyday, the employees have their own parent's.

Thank you for your opinion, I'm not taking it wrong (I hope) if I am please forgive me. That is why I sent this post to maybe clarify some things that I probably did not in prior posts. :) :)

mtracy

Thank you,
I thought docking pay was not going to be allowed, Just wanted to ask. Even if it were allowed I would probably rather use something else, that was just an example I had thought of at the time.

Also, thank you for clarifing for others and for seeing that it was not the route I was wanting to go down. I wasn't looking for extreme measures just simple things if any that maybe wouldn't mean alot to others but maybe reach the employees we have. They are good hard working people when push comes to shove.

Thank you again,
Ali