2.9 Disciplinary Actions

2.9.1 Examples of Behaviors Subject to Disciplinary Action

All employees are expected to comply with the standards of behavior and performance established by the Center. When necessary, unsatisfactory performance and behavior will be brought to an employee’s attention and a formal note will be included in the employee’s personnel file. 

Discipline will be based on factors such as the severity of a violation, the repetitive nature of a violation, the circumstances surrounding a violation, and the frequency of the current or previous violations. Disciplinary actions may include an oral warning, a written warning, and probation, suspension with or without pay, demotion, and termination. These actions are not required to be taken all together or in any particular order. In all events, disciplinary decisions will be made in the best interests of First Environments. Please note that the provisions of this Section and Sections 2.9.2 and 2.9.3 do not alter First Environments’ at-will employment policy. 

Supervisors administering any discipline, other than an oral warning, should consult first with the Executive Director. As a general rule, the Executive Director should review and approve all recommendations for termination prior to any final action being taken. 

To ensure the best possible work environment, First Environments has established certain standards of conduct which employees are expected to follow. Although it is not possible to list all the things you should not do, some of the most obvious unacceptable activities are noted below. Disciplinary action, up to and including termination, may be taken in response to the following violations: 

  • Inefficient or incompetent performance of duties 
  • Negligence 
  • Careless or improper use of Center equipment 
  • Discourteous treatment of staff members or parents 
  • Absence without approved leave 
  • Abuse of sick leave 
  • Habitual tardiness 
  • Violation of any written regulations regarding performance of duties 
  • Conviction of a felony or crime involving moral turpitude 
  • Misuse of Center funds 
  • Falsification of information on an application 
  • Participation in any action that seriously disrupts any operation of the Center 
  • Violation of the Center’s policy on sexual and other unlawful harassment 
  • Willful damage or destruction of Center property 
  • Willful acts that endanger the lives of property of others 
  • Possession of firearms or other lethal weapons on the job 
  • Brutality in the performance of duties 
  • Refusal to accept a reasonable and proper assignment from a supervisor 
  • Reporting to work under the influence of alcohol or prohibited drugs 
  • Possession of alcohol or prohibited drugs on the job 
  • Giving or accepting gifts in exchange for favors or influence 
  • Dissemination of information that is confidential by law 
  • Smoking anywhere on the premises 
  • Failure to examine children for signs of abuse or neglect
  • use or neglect of children, use of corporal punishment, verbal abuse, mental abuse, sexual abuse, or supplying of intoxicants, drugs,  dangerous weapons. 
  • Failure to report any suspicion of child abuse or neglect to the Executive Director or to government authorities as required by law 
  • Leaving children unattended for any length of time 
  • Inappropriate conduct and failure to serve as a model for children in matters of courtesy, respect, and behavior toward others 
  • Removing a child from the Center or transporting a child in a personal vehicle without written consent of the parent and the Executive Director
  • Obtaining or providing medical treatment without express written parental consent 
  • Abuse of overtime 

These violations are not all-inclusive, but serve to illustrate certain types of unacceptable behavior that may result in disciplinary action, up to and including termination. Appropriate disciplinary action also will be taken for violations of any other provision of this Handbook or other Center policies. 

2.9.2 Dismissal Policies

  • Dismissal may be without cause and in some cases without warning, as all employment with First Environments is at-will. In the case of immediate dismissal, the Executive Director will tell the employee to leave the work site at once and to either report back to the Executive Director the following day or remain away until further notice. All facts leading to immediate dismissal must be understood clearly by the Executive Director and President. A written summary of the facts will be prepared with a copy placed in the employee’s file. Dismissal resulting from unsatisfactory application of an alternative disciplinary action will be based on a written record prepared by the Executive Director and reviewed with the President. 
  • Dismissal of employees other than the Executive Director is the responsibility of the Executive Director in consultation with the President. A decision to dismiss the Executive Director is the responsibility of the President.
  • All relevant records regarding a dismissal will be kept in the employee’s file. Evaluations, discussions of causes and events, and actions taken by the employee should all be documented. 
  • In the case of dismissal of the Executive Director, the President will appoint a committee of the Board to consider disciplinary action. 
  • Dismissed employees will not be paid for accumulated paid time off. 

2.9.3 Appeal of Dismissal

  • A dismissed employee has 5 days from the time of notification to notify the President in writing of his or her intent to appeal. 
  • Within a reasonable time, the President will review the documentation of the dismissed case in the employee’s file; will confer with the employee, with two additional staff members, and with the Executive Director. 
  • The President will recommend to the Executive Director that the dismissal be enforced or rescinded, with or without a probationary period. 
  • In the case of dismissal of the Executive Director, the President will appoint a committee of the Board to consider the dismissal. The decision of the Board committee will be final.
  • Final action on any dismissal appeal will be made within 2 weeks of receipt of the employee’s notification of appeal. The final action will be documented and a copy will be placed in the employee’s file. 

2.9.4 Resignation

In the event that you decide to voluntarily leave First Environments, to achieve a smooth transition, you are requested to give at least 2 weeks written notice of your resignation, however 30 days is preferable. Management employees are requested to give at least 30 days notice. If you leave without giving notice, you could forfeit consideration for reemployment. 

A signed letter of resignation addressed to the Executive Director is requested. The letter must state your reason for leaving and your intended last day of work. First Environments will consider any of the following reason for termination: 

  • Failure to return to work on the next regularly scheduled workday following the expiration of an approved Leave of Absence 
  • Absence from work for 3 consecutive days without approval or proper notice 
  • Failure to submit the proper Leave of Absence forms within the stated time guidelines

2.9.5 Requirements Upon Leaving First Environments

Before leaving First Environments, you must return all property including, but not limited to, materials such as manuals/handbooks, ID cards, computer equipment, office equipment, cellular telephones, employee badges and car hang tags.

 

Last updated: 1/26/2017