Steps for dealing with problem employees

Most businesses have experience with an employee who causes problems. The problems can range from issues with other employees, with management, with clients or just issues that are singular to that employee. These problems can range from substance abuse to temperament and behavioral issues, from dress code violations to work product issues, or other forms of negative behaviors. Knowing how to handle it to protect yourself and your company from legal complications, morale difficulties and even potential violence is important.

The first step is an investigation to determine if the issue is valid and the cause of the issue. If you determine that the issue is valid, you begin by speaking to the employee. Be sure to document it with the time, date, names of everyone who was included in the discussion. This oral discussion may also include a verbal warning. If that doesn’t solve the issue, the next step is to write up an employee disciplinary action report. It is important that you know how to properly write up an employee incident in order to protect your business in the event of legal actions which may be brought due to firings or other disciplinary actions. In its simplest definition, employee write ups are really just warning letters that are referred to as employee disciplinary action forms. The purpose is to warn employees of their problematic conduct and to help managers explain behaviors or productivity problems to these employees. Write ups are generally used after a verbal warning has been given. Common uses for employee write ups include excessive use of electronics, lack of productivity, dressing inappropriately, breach of company policy, misconduct, poor performance, tardiness or excessive absenteeism, damage to company property, theft, substance abuse, creating disturbances, and more.

When writing up an employee, it’s important to include the following information in any disciplinary form:

• The employee’s name and the date of the write up. This ensures there will be no question as to who the form was referring to and when it was written.
• Clearly state why they are being written up. Even if you have discussed it with the employee, you should document in detail the reason(s) for the write up. This helps to protect you in the event of any legal actions.
• How many times this employee has been written up. This can be used to show that the employee has been warned and that the next step may be termination.
• Clearly state details about the problem. List any proof you have including quotes from others, dates and details about their performance or behaviors. Be specific and as detailed as you can be. You should be able to gather this information during your investigations.
• Give the employee a deadline to fix the problem. Writing a deadline tells them what changes you expect and when you expect these changes or corrective actions to be in place.
• Always have them sign and date the write up. This paper trail is essential in the event that you need to terminate them. It shows they were warned and that they understood the possible consequences for their behavior. It also shows them that this is serious. And again, it can be used in the event of any legal actions.

Conducting a thorough investigation and following up with warning letters or write ups helps to protect your company and can go a long way towards helping wayward employees to get back on track.

Timothy A Dimoff, CPP, Founder and President of SACS Consulting and Training Center, is a nationally recognized expert in corporate security and HR issues, with over 40 years of experience in workplace security, labor and human resource consulting to corporations, associations, religious entities, educational facilities, non-profit organizations and others.  He consults, trains and develops solutions for workplace issues including substance abuse, management training, sexual harassment, documentation procedures, liability reduction, hiring/firing, pre-employment screening, employee motivation, workplace violence, bullying, corporate investigations, internal theft, security analysis/vulnerability assessment and security measures. He provides commentary and profiling analysis for television, radio and print media worldwide.

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