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As to job performance standards: supervisors have the right to establish reasonable <br /> standards, but the supervisor may not subject an employee to disciplinary action <br /> unless the employee had advance knowledge of the expected standard. <br /> Rules that are arbitrary, capricious, or discriminatory are not considered reasonable. <br /> Discriminatory in this case means rules that are applied against some employees but <br /> not others. <br /> I <br /> 3. Investigation -Did the employer, before administering discipline to an employee, <br /> make an effort to discover whether the em to ee did in fact violate or disobe a <br /> P Y ~ Y <br /> rule or order, engage in misconduct, or fail to meet a job performance standard? <br /> The supervisor should investigate and document the facts supporting the misconduct. <br /> I <br /> 4. Fair Investigation -Did the supervisor conduct the investigation and interviews <br /> in a fair, objective and lawful manner? <br /> <br /> .j <br /> The law requires a timely, thorough, and objective investigation. <br /> All investigatory and disciplinary interviews should be conducted in private. The <br /> supervisor should afford the employee time to fully respond to all charges. The <br /> interview should be conducted in a calm, professional manner with avoidance of any <br /> behavior or language which could be construed as intimidation. <br /> Represented employees have the right to union representation if the meeting might <br /> reasonably be expected to result in discipline action. The em to ee must re nest <br /> rY p Y q <br /> the representation; the employer need not offer it. The employer may require the <br /> presence of the employee without union representation in order to inform the <br /> employee of the discipline imposed, warn of further discipline if conduct continues, or <br /> to give instructions or training or needed corrections of work. <br /> 5. Proof -Did the employer obtain substantial evidence or prove that the employee <br /> actually committed the acts for which the employee is to be disciplined? <br /> The question here is, is there sufficient proof that the employee did it and is discipline <br /> warranted. The standard of proof which a supervisor is expected to meet in a <br /> disciplinary case is generally considered preponderance of the evidence but varies <br /> depending on the nature of the charge and the severity of the penalty imposed. <br /> Keep in mind that the misconduct proven must be the misconduct charged. <br /> 5 <br /> <br />