PAP.9.12.020 Grounds for Disciplinary Action
(a) Team members must perform assigned duties at or above satisfactory levels; they must follow standards of workplace behavior contained in this manual and comply strictly with all applicable laws, rules and regulations. A system of progressive discipline will be utilized, when appropriate, to afford team members an opportunity to correct behavior. Therefore, verbal and written warnings are utilized as a corrective action tool and will not be subject to the appeal procedures identified in Section PAP.9.12.040.
(b) A team member may be suspended for any conduct which results in an arrest, pending the determination of the Executive Management Team of the seriousness of the offense. Conduct by a team member which results in a felony arrest and/or felony conviction as defined under state and federal law will result in termination.
(c) Conduct / Performance Infractions. It is the policy of the employer that all team members are expected to comply with these Human Resource Policies and Procedures and that any noncompliance with these standards must be reviewed and remedied.
(d) Progressive Discipline. Under normal circumstances the employer endorses a policy of progressive discipline in which it attempts to provide team members with notice of deficiencies and an opportunity to improve.
(1) The employer retains the right to administer discipline in any manner it sees necessary. This policy does not in any way restrict the employer's right to bypass the disciplinary procedures suggested.
(2) The severity of any infraction will be weighed on a case-by-case basis.
(3) All write-ups will be reviewed by the Human Resources Department.
(e) Categories of Infractions. Conduct/Performance Standards infractions are defined in three (3) separate categories.
(1) Class I Infractions:
(A) These infractions usually do not affect the employer's assets or a guest's positive experience, but are nonetheless disruptive to the procedural structure of the enterprise.
(B) Class I infractions will permanently remain in the team member's personnel record for one (1) year. The infraction will only be active for one (1) year following the date of occurrence.
(C) The following is a list of a few examples of Class I Infractions, but is not intended to be exclusive:
(i) Minor Lack of work performance of assigned duties;
(ii) Dress code infractions;
(iii) Failure to report an on-the-job injury or accident to their immediate supervisor.
(D) Examples of Disciplinary Action for Class I Infractions:
(i) 1st Occurrence – Verbal Counseling (documented in writing);
(ii) 2nd Occurrence – Written Warning;
(iii) 3rd Occurrence – Suspension;
(iv) 4th Occurrence – Termination of employment.
(2) Class II Infractions:
(A) These are infractions that affect the employer's assets (i.e. property, funds, team members, etc.), and are also those actions which are offensive to guests or team members, or are inhibitive to providing the level of service required to prevent a negative experience.
(B) Class II Infractions will permanently remain in the team member's personnel record for eighteen (18) months. The infraction will only be active for eighteen (18) months following the date of occurrence.
(C) The following is a list of a few examples of Class II Infractions, but is not intended to be exclusive:
(i) Destruction or damage to the employer's property;
(ii) Carelessness or negligence in the handling of employer or guests' money, to include excessive over/short counts;
(iii) Suggesting or "hustling" a tip or token from a guest for any service performed;
(iv) Failure to report an act of dishonesty, if the team member had direct knowledge of such an act;
(v) Verbal and/or visual mistreatment of any guest at any time;
(vi) The use of profane or abusive language;
(vii) Failure to report a violation of policy, if the team member has direct knowledge of the violation;
(viii) Failure to follow the specified job instruction as per the supervisor;
(ix) Gossiping and/or participating in rumor spreading;
(x) Intimidating, coercing, or threatening fellow team members.
(D) Examples of Disciplinary Action for Class 2 Infractions:
(i) 1st Occurrence – Written Warning and/or Suspension;*
*All suspensions will be without pay for a period of three to five (3-5) scheduled working days.
(ii) 2nd Occurrence (of same infraction) – Termination of employment;
(iii) The Human Resource Director must first be notified of all terminations prior to their implementation.
(3) Class III Infractions:
(A) These are flagrant and/or serious violations that endanger or compromise the safety, security or integrity of the enterprise, its guests, or its team members, and/or the property of the enterprise.
(B) The following is a list of a few examples of Class III Infractions, but is not intended to be exclusive:
(i) Theft or unauthorized removal from the premises of any property belonging to the employer, a guest, management or other team members;
(ii) Sale or abuse of alcohol, or prescribed medication or use of illegal drugs on the employer's property at any time;
(iii) Refusal and/or failure to complete an assigned shift or duty;
(iv) Assault or use of physical force against another person on enterprise's property;
(v) The possession of a weapon at any time while on the enterprise's property;
(vi) Lewd or obscene behavior in any situation while on the property in an on-duty or off-duty status;
(vii) Found to have violated the employer's Sexual Harassment policy;
(viii) Clocking in or clocking out for another team member, or having another team member clock in or out for that team member;
(ix) Sleeping on duty, or otherwise compromising the safety, security, or service to guests, team members, or the employer's assets;
(x) Release of employer's information, policies and/or procedures to persons outside the organization, or to those who do not possess a definite need to know;
(xi) Falsifying, defacing or otherwise altering any employer's document, record or form, including employment applications.
(C) Disciplinary Action for Class III Infractions:
(i) 1st Occurrence – Termination of Employment.