Complete Story
04/12/2016
PROGRESSIVE DISCIPLINE IS A HOAX
Nancye Combs, HR Enterprise, Inc.
Progressive discipline has been around since the first automobiles were hustled down the assembly line. No self-respecting union would ever approve a contract that did not include progressive discipline, accompanied by a myriad of steps that are carefully documented in Article Somewhere and prominently displayed for every member to read. Every manager in America has the infamous progressive discipline pyramid imprinted in his/her memory. At least ten pages of progressive discipline policies and procedures are readily available on the Internet. Some have five steps and a few have as many as seven. Yet, no one seems to stop and think, "This is not a discipline process; it is a punishment schedule."
Employee discipline is never the work of a company. It is evidence that an employee is working within established polices and rules of good conduct. When the employee decides to behave outside the established policies and rules, there is a consequence. That consequence is called "punishment." Yet, for more than 80 years, most American businesses have operated under the illusion that Progressive Discipline is the ideal way to address inappropriate behavior, and return the employee to the positive relationship that existed at the time of hire.
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Discipline is what the employee does. Punishment is what the Company does when the employee does not do it.
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Given that Progressive Discipline is a carefully managed schedule of increasingly punitive actions, with the intended result of getting an employee to behave differently, it is doomed to fail. We need look no further than the local prison! Statistics reveal that as many as 67.5%[1] of those in prison today have been there before. That should be sufficient evidence for us to learn that you cannot punish an employee into doing the right thing. You can only punish a person for doing the wrong thing. So, let's call it what it is: A Punishment Schedule.
The employee is in charge of his/her own behavior and that is why progressive discipline does not work. Self-discipline is personal. Some employees have the ability and desire to exercise self-discipline regarding their commitments to an employer and some do not. Given the attitudes of the millennial generation, progressive discipline is a top-down and heavy-handed approach to problem solving, with a history of failure. So, why are we still using it in a workplace that is dramatically different from generations ago?
Unfortunately, we are caught in our own paradigms of tradition and cannot see beyond them. In addition, we are always entangled in some kind of legal situation when we terminate an employee and must have a stack of documents to prove we did everything possible to assure the employee had a chance to prevent being discharged. Progressive Discipline gives us the comfort that we have documented our files and we can defend our actions. As a less experienced HR practitioner, if anyone even suggested we eliminate our progressive discipline procedures, I would have tried to have that person committed! As an experience consultant, I recognize that times (and people) have changed.
It is time to accept that employees are responsible for their own behavior and Millennials want input into what happens to them on the job. The time has come for us to introduce Constructive Discipline into our workplace. A constructive discipline policy is simple:
CONSTRUCTIVE DISCIPLINE
Everyone here has a responsibility to those we serve, and to other employees. This responsibility is that our work helps ensure that our customers receive the highest quality service every day.
If you behave in a way that is detrimental to our success, you will be subject to Constructive Discipline. We have decided not to include a long list of rules in our handbook, but it is possible you will see some specific rules, especially about safety, posted in your work area.
Constructive Discipline is our way of helping you to re-establish your positive relationship with the Company and to remind you that your behavior is outside our expected conduct. It may include coaching, counseling, reprimand, pay reduction, demotion or disciplinary time off from work. Should the circumstances of the violation require discharge, our procedure is to ensure fair treatment of every employee. There is no assurance that we will follow a lockstep procedure regardless of the inappropriate behavior. Each instance will be evaluated separately. When you are have been part of a disciplinary interview, we will give you something in writing to be certain you understand the problem that exists needs your immediate attention. If you disagree with the action taken, please see your supervisor to learn how to file an appeal. The Chief Executive Officer has the final say regarding any action taken.
For those brave enough to step away from tradition, you will find it easy to implement an employee-focused procedure. Supervisors will find it less intimidating to administer. Keep in mind that your new approach will not be focused on "What we are going to do to you," but on "What you are going to do for yourself."
Coaching - Step one of the process is to have a coaching interview. During a conversation you will tell the employee exactly what the employee did that triggered the need for this session. You will tell the employee what the expectations are and say something to the effect that "My goal is to make certain you know the expectations and to let you know that I am leaving this in your hands to make certain the problem goes away."
Keep in mind that it is NOT your problem. The employee owns the problem and the employee owns the solution. Once the interview ends, create a written correspondence, which may be an e-mail.
___________________________________________________________________________________
Subject: Coaching interview
Issue: Failure to Complete Assigned Work
Today, we met to discuss a problem that is interfering with your success. Your Call Report was late again for the third straight month. We need it to assure we are penetrating the market for potential customers and taking care of existing customers. It is a vital business report. As we discussed, the report must be filed by the 5th of every month. You agreed to file your report on time and I will look for it by the 5th. I am glad you recognize how important this report is to our success. Please understand this is not a disciplinary action. It is a performance problem that needs to be resolved. Please tell me if there is something I should be doing to help you.
___________________________________________________________________________________
Put a copy in the employee file, as documentation of the conversation. Should the employee sign it? No. Under the old Progressive Discipline Policy, there was a demand for the employee signature. Many employees resisted. So what? It only increased the tension and showed the employee was uncooperative. It never solved the problem. We just need to be sure it was sent to the employee.
Counseling - If the problem still exists after a Coaching Interview, then what? The next step is a Counseling Interview. The Counseling Interview is not some form of therapy, as counseling is used in a clinical setting. It is a second attempt to be certain the employee is aware the problem has not been resolved and the situation is serious. During the Counseling interview related to late Call Reports (above), the Supervisor would remind the employee that an earlier conversation was held; the employee acknowledged that he/she was informed of the expectations, and the problem has not gone away. During the Counseling Interview the supervisor should make certain to say, "The decision to resolve this problem is entirely yours. I can only tell you of our expectations. If you decide to comply, that is your decision. I want to be sure you know the expectation and know that if the problem is not resolved, we will need to take some form of punitive action. That is not what we want to do, so I am hopeful you will decide to get your reports filed on time. This is not a disciplinary action."
Once again, follow this interview with a written memorandum that recounts the interview and file the copy in the employee file.
Discipline - Two conversations should be sufficient if the employee decides to solve the problem. If not, you will have the third and more difficult conversation. It is the Disciplinary Interview. For some businesses, it may be followed by a Day of Reflection. The employee is given a day off (with or without pay) to make a decision regarding whether he or she can live up to the expectations and stay with the Company. For others, it is a formal written warning that any further infraction will lead to dismissal. At this stage, the message is serious and the employee should hear, "This is more than a conversation about this problem. I need to tell you that your job is now in jeopardy. That is not our goal. We need this problem resolved and only you can do that. I hope you make that decision. This is a Disciplinary Interview and I have a formal disciplinary action here to give to you. It is a reminder and it is the official document that we must provide to show that we have made you aware of the problem and that you know your job is at risk. I hope you will take this seriously and resolve this problem."
If the employee ignores or discounts the process, the final interview becomes less stressful. We are never quite certain what an employee may do following termination, so these interviews are not easy. But, it is not difficult to say, "I am sorry you were not willing or able to resolve this problem, and we have now reached the time that we cannot keep you in our employment. We wish you the best, but your employment here has ended."
Coaching, Counseling and then Discipline are not appropriate for every situation. If the behavior is egregious, such as misappropriation of company assets, sexual harassment, violence, or careless behavior that could cause injury or death, then the steps may be bypassed in favor of immediate termination.
Constructive Discipline leaves the solution where it belongs - in the hands of the employee. It has sufficient documentation to verify the employee had the opportunity to avoid losing his/her job. The type of problem or level of employee does not change the process. From the shop floor to the C-Suites, it works when it is delivered with respect and dignity. It verifies to employees that they are in control of their own destiny and the responsibility of the supervisor is to be certain the employee knows the expectation and consequences. Employees in the contemporary workplace are not looking for a complicated, quasi-judicial process, with punishment handed down by a higher ranking person of power. They just want to know the expectation and they will decide if they are willing to do it or move on. Why not let them have that freedom?
Nancye Combs founded HR Enterprise, Inc. in Louisville, KY thirty years ago and is a nationally respected authority in Human Resources and Organizational Development. She is the endorsed Human Resources consultant for six major trade associations, and consults with manufacturing and distribution trade association members throughout the world. Nancye has four decades of practical experience in human resources and executive management. She is called a voice of authority and, speaks, writes, and offers expert witness testimony on management issues. She is the Bellarmine University instructor for more than 1,400 human resources professionals seeking to become nationally certified by the Society for Human Resource Management. She is also a member of the faculty for those who are seeking to become a Certified Professional Management Representative (CPMR).
This is a business management advisory and is not designed to substitute for the services of a competent legal advisor. It is not specific to the laws of any state in the U.S. Nancye can be reached at:
Nancye M. Combs, AEP•SPHR
HR Enterprise, Inc.
P.O. Box 6507 • Louisville, KY 40206-0507
(502) 896-0503
e-mail: nancye@hrenterprise.com
[1] The Daily Beast, 4/22/14
