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Employee Discipline and Termination - Part 3: Problem People

Insightful comments, Theresa, however, I am going to push the envelope here a bit. Your approach above would work if there is nothing the person has done which is illegal or unethical, or reputation damaging but what if, as a leader, I come across illegal or unethical behavior, and that person just needs to go? 

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Response: When You Can Require Counseling for Workers

get help!Brent, this used to be less of a problem, but recent case law suggests that requiring counseling now may be the equivalent of requiring a medical examination. This means there can be implications under the Americans with Disabilities Act. Requiring counseling would then have to be “job-related and consistent with business necessity.” 

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Part 7: Open Communication and Impartiality in Investigations

This is quite helpful Theresa. I think the biggest issue here, is, wait for it, …communication! Part of me still struggles with wondering if it is possible to investigate a complaint by a party, gather information through an investigation through all parties, and end up by determining that the complaining party is more the problem than anyone else. 

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Part 6: What Reports or Observations Trigger an Investigation

investigationsIn our hypothetical, Tom and Sally reached out and made allegations to the mission leader. It seems fairly obvious this should have triggered an investigation. But we probably want to spend more time thinking about how investigations get started. When should you investigate? A number of situations may call for an investigation. 

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Part 5: It Really is About Confidentiality and Trust in the Investigation

trust and confidenceIn your hypothetical, there is already a lack of mutual trust. Tom and Sally are seen as being perpetual complainers. And your mission leader isn’t consistent. He “usually” investigates and doesn’t have a methodical approach. So what do complainants have the right to know about the progress of an investigation and what is the effect of trust issues with leadership? 

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Part 4: Complaints, Protection, Confidentiality and Trust

trusting leadersI can see where if you deal with complaints in a regular process, and document them, it makes for good protection. Two comments, though, one about confidentiality, and one about trust. In a perfect world, people see leadership as benevolent, compassionate, trustworthy (don’t laugh! I am going somewhere with this!). However, the reality is that we each project our own ... 

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