Performance Management, Employee Discipline and Termination of Employment Effective Date: 06/29/2015 Last Revision Date: 06/29/2015

Transcription

1 SOP Title: Performance Management, Employee Discipline and Termination of Employment Effective Date: 06/29/2015 Last Revision Date: 06/29/2015 The following has been defined by Tavistock Restaurant Collection as a Standard Operating Procedure. These guidelines have been established to improve the guest experience, advance operations and provide consistency. Policy: The purpose of a Performance Management, Employee Discipline and Termination of Employment policy is to identify and address employee and employment-related issues. No performance management, discipline and termination policy can be expected to address each and every workplace situation requiring corrective action; therefore, the Company (TRC) takes a comprehensive approach regarding performance management and/or discipline and termination and we will attempt to consider all relevant factors before making decisions regarding discipline and/or termination of employment. Purpose: TRC s performance management and employee discipline and termination policy and procedures are intended to provide a structured process to improve and prevent a recurrence of unacceptable behavior and/or poor work performance. When coaching to improve performance, or discipline of an employee is unsuccessful, this policy sets forth the procedures by which the employee may be terminated from employment with TRC. Responsibilities: All salaried leaders Procedure: The objective of performance management is to improve performance and give the employee an opportunity to correct performance-related issues. When using this guide, consideration should be given to the nature of the incident, the frequency of the violation and the employee s overall work record before disciplinary action is taken. Tavistock Restaurant Collection Page 1 of 5

2 Before you act, ask yourself: o Is the employee aware of their poor performance or unacceptable behavior? o Have I objectively gathered all the facts? o Am I responding quickly, consistently and reasonably? o Has the employee been previously counseled? o Has the discipline policy been applied? If not, why? o Is there documented evidence of the performance/behavioral problem? o Is the discipline reasonably related to the seriousness of the offense? Performance Management and Employee Discipline Includes: Step 1: Counseling and Verbal Warning Step 2: Written Warning Step 3: Final Written Warning and/or Suspension (HR Involvement is required) Step 4: Termination of Employment (HR Involvement is required) Step 1: Counseling and Verbal Warning Step 1 has the immediate supervisor schedule a meeting with an employee to discuss the employee s poor performance, unacceptable conduct or inappropriate behavior. There should always be at least two managers present during counseling sessions. The immediate supervisor will explain and discuss the nature of the problem or violation of company standards, policies and procedures. The managers meeting with the employee are expected to clearly describe expectations and steps the employee must take to improve performance or resolve the problem. When an employee is given a verbal warning, he/she should be informed of the specific work performance deficiency and provided constructive feedback, expectations for improvement and additional training when warranted. An employee receiving a verbal warning is expected to correct the problem, ask for feedback when needed and sustain improvement over time. At the conclusion of the meeting with the immediate supervisor, the employee must be informed the counseling session and verbal warning will be documented and placed in their personnel file. Tavistock Restaurant Collection Page 2 of 5

3 Step 2: Written Warning Step 2 is a written warning that formally documents poor performance, unacceptable conduct or inappropriate behavior and the consequences of these concerns. The immediate supervisors will meet with the employee to review any additional incidents or information and prior relevant performance management concerns. Consequences for the employee must be spelled out clearly and communicated to the employee verbally during the meeting and also in writing in the Written Warning. The employee must be informed verbally and in the Written Warning that they may be subject to additional discipline up to and including termination of employment if immediate and sustained and corrective action is not taken by the employee. Step 3: Final Written Warning and/or Suspension A Final Written Warning formally documents poor performance, unacceptable conduct or inappropriate behavior and the consequences of these concerns. Under TRC s Performance Management, Discipline and Termination Policy, a Final Written Warning is the most severe discipline an employee may receive short of termination of employment. Any employee who receives a Final Written Warning may be terminated from employment with TRC at any time and without any additional warning, notice or counseling. There may be performance, conduct or safety-related concerns that are so problematic and harmful that it is necessary to suspend the employee from the workplace. Employees should never be suspended as a form of punishment. Suspension should be used to protect either the company, other employees or our guests from unacceptable or inappropriate conduct. Also, suspension of an employee will often be necessary to allow for an investigation to occur. Managers must include a Human Resources Representative if you intend to suspend an employee. Except for extreme circumstances, an employee should not be suspended without prior consultation with a Human Resources Team Member. A suspension may occur with or without compensation. Compensation during the suspension may be warranted and/or restored to an employee if an investigation of the alleged incident or infraction absolves the employee. Only the Human Resources Department can decide whether an employee shall receive compensation for the period of a suspension. A Final Written Warning may not always be necessary, depending on the seriousness of the offense. If the nature of the concerns are extreme or considered Gross Misconduct, a Tavistock Restaurant Collection Page 3 of 5

4 recommendation of termination of employment might be considered by the Company after consideration of all the facts and circumstances. The immediate supervisors will meet with the employee to review any additional incidents or information and prior relevant disciplinary concerns. Consequences for the employee must be spelled out clearly and communicated to the employee verbally during the meeting and also in the Final Written Warning. The employee also must be informed that the employee may be subject to additional discipline up to and including termination of employment if immediate and sustained correction action is not taken by the employee. Step 4: Termination of Employment The last and most serious step in the performance management and discipline/termination procedure is a recommendation to terminate employment. Generally, TRC will exercise the progressive nature of this policy by first counseling the employee and warning the employee, verbally and in writing. A final written warning or suspension from the workplace before proceeding to a recommendation to terminate employment will normally be expected. However, TRC reserves the right to combine and skip steps depending on the circumstances of each situation and the nature of the offense. Termination of employment MUST be approved by Human Resources in all cases. Employee Appeal Process Employees may be given the opportunity to present information they believe challenges the information management has used to issue disciplinary action. The purpose is to provide insight into extenuating circumstances that may have contributed to the employee s performance or conduct issues, while allowing for an equitable solution. An employee desiring to appeal any disciplinary action (including termination of employment) must submit a written request to the Human Resources Department within thirty (30) days of the date the disciplinary action is taken. After the appeal period has expired, the disciplinary action will be considered final and not subject to further review or modification, except upon the written recommendation of the Human Resources Department. Tavistock Restaurant Collection Page 4 of 5

5 Performance and Conduct Issues Not Subject to Progressive Discipline, i.e. Gross Misconduct The offenses listed below are not subject to progressive discipline and may be grounds for supporting an immediate termination of employment. This list is not inclusive of all offenses supporting an immediate termination. Behavior that is illegal is not subject to progressive discipline, and such behavior may be grounds for immediate termination and reported to local law enforcement authorities. Theft, substance abuse, intoxication at work or a work-sponsored event (unfit to perform the duties of the job), verbal threats, fighting and other acts of violence at work, insubordination, failure to report to work, refusing to comply with a reasonable work request, illegal use, possession, or distribution of illicit drugs and/or material, unauthorized or improper use of TRC property, sexual harassment, falsifying TRC records including time-keeping and commission of any crime on TRC premises. Documentation Employees must be presented with written documentation at the time the counseling sessions occur and are to be asked to sign copies of documents attesting to his or her receipt and understanding of the corrective action outlined in the documents. Copies of these documents must be placed in the employee s personnel file. If an employee refuses to sign a document, the manager must immediately write refused to sign on the employee signature line. Copies of any written discipline issued to an employee must be submitted to the Human Resources Department immediately. Important Note Nothing in this policy provides any contractual rights regarding employee discipline or counseling, nor should anything in this policy be read or construed as modifying or altering the employment-at-will relationship between TRC and its employees. Although TRC may apply this Performance Management, Employee Discipline and Termination policy in a progressive manner, all employment with TRC remains at-will, meaning either TRC or the employee may end the employment relationship at any time without prior notice or warning. Tavistock Restaurant Collection Page 5 of 5