HRDG 4752 - Disciplinary or Alternative Actions - Section D
Subchapter 4752 - Disciplinary or Alternative Action Section D - How to Properly Counsel an Employee |
- Advance Preparation
- Labor Relations Issues
- Drug/Alcohol Issues
- Resignation/Retirement Issues
- List of Items to Remember
- Uncooperative Employees
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Advance Preparation | Supervisors should consider the following before meeting with an employee about a sensitive issue:
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Labor Relations Issues | Supervisors should be familiar with any applicable negotiated agreement, and should contact their servicing Employee Relations Specialist or the Labor Relations Specialist in Marketing and Regulatory Programs Human Resources, Employee and Management Relations, on (30l) 734-4414 for advice or guidance on matters pertaining to labor issues. A union representative has the right to ask relevant questions at an investigative meeting, and to make relevant comments to help an employee, but does not have the right to answer for the employee or to prevent a supervisor from getting answers to his/her questions. | ||||||||||||
Drug/Alcohol Issues | When meeting with an employee about a suspected alcohol or drug problem, it is not the supervisor's role to diagnose the problem; rather, supervisors should focus on the conduct or performance problem which is resulting from the suspected drug or alcohol problem. If a supervisor suspects that an employee may have a drug or alcohol problem, the supervisor has a responsibility to inform the employee of the Agency's Employee Assistance Program and provide the telephone number of a counselor. Employee does not admit to a problem - If an employee does not admit to a problem and fails/refuses to seek assistance, the agency may go forward with discipline. Employee admits to a problem - If the employee admits to the problem, the employee should be given a "firm choice" between participating in a rehabilitation program or facing disciplinary action. If the employee chooses to participate in rehabilitation, disciplinary action is usually held in abeyance during the time the employee seeks assistance with his/her problem. Supervisors should consult with their servicing ERS about the possibility of using a "Last Chance Agreement." | ||||||||||||
Resignation/ Retirement Issues | Under no circumstances should a supervisor coerce an employee into resigning or retiring in lieu of being removed from his/her Federal position. If an employee can prove in a third party review that he/she was coerced into resigning or retiring, the agency's action may be reversed and the employee reinstated. | ||||||||||||
List of Items to Remember | The following is a checklist of items a supervisor should remember when counseling an employee:
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Uncooperative Employees | If an employee refuses to answer your questions or refuses to cooperate with your inquiry, refer the employee to the Agency's "Conduct and Responsibilities" regulations (Section A-17) which states the following: "Employees must give authorized personnel ALL truthful information and testimony about all official matters when involved in administrative proceedings. Refusal of ANY employee to testify or to provide information on pertinent matters under investigation or inquiry may result in disciplinary action unless the employee validly invokes the 5th Amendment to the Constitution." An employee may validly invoke his/her 5th Amendment rights in investigations involving him/her criminal acts, but not to violations of administrative rules or regulations in administrative proceedings. | ||||||||||||
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