172
Performance Transgressions
#28 Safety Infractions
Plant engineer who normally drives a golf cart or pickup truck on campus is given a DUI
(“Driving Under the Influence”) conviction for noncompany activities that restricts his
ability to drive for the company; the company decides it can reasonably accommodate this
limitation by having the employee ride a bicycle to perform his job because he needs to carry
only a tool belt.
1
PERFORMANCE CORRECTION NOTICE
Employee Name: Kevin Farrell Department: Engineering
Date Presented: February 10, 2010 Supervisor: Bob Fisk
Disciplinary Level
Verbal Correction—(To memorialize the conversation.)
Written Warning—(State nature of offense, method of correction, and action to
be taken if offense is repeated.)
Investigatory Leave—(Include length of time and nature of review.)
Final Written Warning
Without decision-making leave
With decision-making leave (Attach memo of instructions.)
With unpaid suspension
Subject: Work performance/loss of driver’s license
Policy/Procedure Violation
Performance Transgression
Behavior/Conduct Infraction
Absenteeism/Tardiness
1
Disciplining an employee who receives an off-duty drunken driving conviction is proper only if you, the
employer, show a direct relationship between the conviction and the person's job duties. In this particular case,
driving is a necessity for the plant engineer. On the other hand, discipline might not be proper if the employee's
duties did not involve driving, and you couldn't otherwise demonstrate how the company was uniquely
affected by the conviction.
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173
Prior Notifications
Level of Discipline Date Subject
Verbal ___________ __________________________________________
Written ___________ __________________________________________
Final Written ___________ __________________________________________
174
Performance Transgressions
Incident Description and Supporting Details: Include the following information: Time,
Place, Date of Occurrence, and Persons Present as well as Organizational Impact.
Kevin,
Because you have had your license restricted and are no longer able to drive a motorized ve-
hicle on company property, you have severely restricted the terms and scope of your employ-
ment. As an engineer, it is critical that you satisfy the needs of campus personnel from both
a timeliness and a customer service standpoint. The company has agreed to accommodate
your request by allowing you to ride a bicycle on campus to reach your job destinations.
You are required to wear a rider’s safety helmet at all times when you are bicycling. In addi-
tion, this new employment arrangement will be continued at the company’s sole discretion.
Furthermore, the company reserves the right to periodically evaluate your performance in
order to ensure that the standards of timeliness and customer service are not being compro-
mised by your inability to drive.
This accommodation in no way exempts you from meeting any of the essential job functions
outlined in your job description.
Performance Improvement Plan
1. Measurable/Tangible Improvement Goals: Kevin, I expect that you will meet all
production deadlines and maintain a timely and customer-friendly service to meet line
managers’ needs. I expect that you will not rely on your inability to drive on campus as
an excuse for failure to meet work order deliveries. I expect you to advise me immediately
of any difficulties in meeting your work agenda so that I can assist you in developing a
workable action plan to keep your customers satisfied.
2. Training or Special Direction to Be Provided: Please meet with me weekly for the
next month to ensure that you are meeting your production deadlines.
3. Interim Performance Evaluation Necessary? No
4. Our Employee Assistance Program (EAP) Provider, Prime Behavioral Health Group,
can be confidentially reached to assist you at (800) 555-5555. This is strictly voluntary.
A booklet regarding the EAP’s services is available from Human Resources.
5. In addition, I recognize that you may have certain ideas to improve your performance.
Therefore, I encourage you to provide your own Personal Improvement Plan Input
and Suggestions:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
(Attach additional sheets if needed.)
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175
Outcomes and Consequences
Positive: I will remain available to help you and discuss areas where you require
additional support. If you meet your performance goals, no further disciplinary action
will be taken regarding this issue.
Negative: You are now being placed on notice that if, at any time in the next 30 days, you
are unable to meet the essential job functions of your position or if you fail to meet any other
standards of performance and conduct, disciplinary action up to and including dismissal
will occur. A copy of this document will be placed in your personnel file.
Scheduled Review Date: 30 days (March 12, 2010)
Employee Comments and/or Rebuttal
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
(Attach additional sheets if needed.)
X __________________________________
Employee Signature
Employee Acknowledgment Goes Here

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