MODEL WARNING

April 18, 2008
Mel O'Drama
123 Main St.
Any City, USA 99999

Dear Mr. O'Drama:

This is an official warning under the ABC Construction progressive discipline policy. I am issuing it to you because of repeated violations of the ABC safety policy requirement that hardhats be worn at all times on worksites.

This is your second warning. On April 1, 2008, I orally warned you about not wearing your hardhat. You told me it was an honest mistake and wouldn't happen again. But yesterday afternoon I caught you again without your hardhat on. This time your excuse was that you took off your hardhat because it was making you sweat. Let me remind you that being too hot is no excuse for not wearing a hardhat.

Your repeated failure to follow company safety rules is putting you in danger, setting a bad example for your co-workers and making the company vulnerable to OHS citations. I feel it necessary to warn you that I will not hesitate to take serious disciplinary measures against you, including suspension and possibly dismissal, if you continue not to wear your hardhat or commit other safety infractions.

Mike, you and I have worked together for five years. I respect you and consider you one of my most reliable men. Until recently, I never had to discipline you for anything. Now, suddenly, this whole hardhat thing is becoming a big problem. I want you to know that I still have confidence in you and to personally appeal to you to keep that hardhat on your head so we don't have any further incidents.
 
Sincerely,
[Signed Lee Dingmann, Supervisor]

I have read and understood this letter: __________________________________________      Date: ___________________
[Signed Mel O'Drama]

MODEL SUSPENSION MEMO

May 7, 2008
Mel O'Drama
123 Main St.
Any City, USA 99999

Dear Mr. O'Drama:

This is to notify that you have been suspended without pay for two days starting May 10. The reason for your suspension is repeated failure to follow ABC Construction safety rules, specifically Rule 12(a), which requires workers to wear hardhats on construction sites at all times. I regret having to take this action, but your continuing failure to heed warnings leaves me no choice.

Verbal Warning: On April 1, I issued you an oral warning for failing to wear your hardhat. You said it was a mistake and promised not to let it happen again.

Written Warning: On April 18, I caught you again without a hardhat on and sent you a written warning the next day in which I made it clear that further violations would result in more serious penalties, including a possible suspension.

Latest Incident: On May 5, you were not wearing your hardhat on the worksite. When I demanded that you put it on, you refused claiming it didn't fit right and that it gave you "hat-head."

ABC Construction can no longer tolerate your behavior and attitude. The ABC safe workplace rules are there to protect you and your fellow workers. Suspending you without pay is, the company feels, appropriate punishment for your continued failure to abide by those rules.

Please be advised that this is your final warning. ABC Construction is prepared to dismiss you immediately the next time you disobey the hardhat or other safety rule.

Sincerely,
[Signed Mel O'Drama, Supervisor]

MODEL TERMINATION MEMO

Re: Dismissal of Mel O'Drama
Date: May 25, 2008

Yesterday, a meeting was held to determine whether to dismiss employee Mel O'Drama. The meeting was attended by Mr. O'Drama, Stan Eslavsky, a representative of Union Local 456, Bob White, HR Director of ABC Construction, Mary Lamb, a secretary and myself.

I opened the meeting by proposing the immediate dismissal of Mr. O'Drama based on his chronic failure to obey ABC Construction safety rules, specifically Section 12(a) which requires the wearing of hardhats by all personnel on construction sites at all times, despite repeated warnings and previous disciplinary actions. I then documented all previous incidents. 

[Summarize the events leading up to and the issuing of the oral warning, written warning, and suspension.]

Immediate Cause for Dismissal.  I noted that on May 20, Mr. O'Drama returned to work after serving his two-day suspension. The next day, I saw Mr. O'Drama walking around the site without his hardhat on. I thought maybe this was some kind of sick joke and went out for a cup of coffee. But when I came back, there was Mel as bareheaded as ever. I explained to the people in the meeting that it looked to me like Mel was waiting for me to notice him to deliberately provoke a confrontation. I didn't want to take the bait but I felt no choice. Sure enough, when I asked Mel what he thought he was doing, I was hit by torrents of verbal abuse.

Mr. O'Drama's Explanation. Mr. Eslavsky of the union spoke next on Mel's behalf. He said there was no just cause for dismissing Mr. O'Drama. He didn't deny that Mr. O'Drama had repeatedly refused to wear his hardhat but claimed that I and other company officials "were out to get" Mel. He claimed that lots of other workers didn't wear their hardhats and never got disciplined. I refuted this by producing records showing that in the past 18 months, four other ABC workers had received warnings for not wearing hardhats.

Result. Mr. White and I met in closed quarters to discuss Mr. O'Drama's explanation. We both agreed that it was totally unsatisfactory and decided that dismissal was appropriate. We notified Messrs. O'Drama and Eslavsky of the decision. They didn't indicate if they would file a grievance against ABC Construction. The meeting ended.

[Signed: Supervisor]
Lee Dingmann
Date:

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