I have a couple of issues that I am in need of some assistance on:

    We have an employee who has been recently counseled regarding working unapproved overtime hours (as stated in our P&P manual OT is to be approved).  On 6/11/08 I met with the employee informally and let him know that he was not to work overtime hours without manager approval. In the previous couple of months we were in the middle of a build-out in which he was getting several hours of overtime that were approved and once that was put on hold, there was no justification for him to be working overtime hours. The employee continued to work unapproved OT hours for the next several weeks(He has been seen several times wondering around or sitting in his office on the phone and not clocking out while eating lunch).  On 7/23/08 I gave him a written warning regarding the unapproved OT,  in which he stated that he would not be able to live on 40 hours/per week and he felt like he did not have enough time to do his job (he cleans 8 medical clinics and performs maintenance as needed).  I let him know that as overtime became available he could get it approved but for right now he was not to work over 40 hours per week. Myself and the office manager worked with him to create a more suitible schedule for his needs and he agreed to this schedule.   

The concern that we are having is that the employee filed a worker's comp claim in May in which he suffered lower back strain.  The issue was resolved until 7/22/2008 when he came in complaining from back pain once again and stating that his back was still hurting from the previous injury and he was going to the doctor.(This was overheard, he did not file a report) He went to the doctor on 7/23/08 and is scheduled for an MRI on 8/5/08. The office manager and I were already working on writing him up before the new back complaint so this was really bad timing.  I am wanting to know If he is still abusing overtime what can happen if we term him while on worker's comp? Are there any other issues that might arise?  I am not sure where to go from here.... please help.

 

Redbud-

 Ironically enough, I used to perform HR for a medical group (in TX) and we had a situation mirror the one you speak of.  This lady was indeed lining herself up for a termination but was currently covered under WC--my saving grace was the dated documentation covering the warnings handed down for her disciplinary infractions.  The end result was her termination during her WC coverage.  After speaking with the labor att. about the issue (as I was just as concerned as you), the end result was that just because an individual is covered under WC during disciplinary action, does not provide them protection from the administering of discipline.  I suggest strongly that you have/maintain dated documentation for your issue and follow your progressive discipline policy to the letter.  If your policy is strong, you will be able to proceed with far less concern over retaliation, wrongful discharge, etc. claims.  Keep in mind, dependent on your WC policy, they will still be covered under the policy post-term due to the fact that it was a work-related injury.

The key will be believable documentation with appropriate dates.

Also it will help if you can show that you have had this issue in the past and you have taken the same course of action you are taking with this individual.  You are being consistent in your disciplinary process, no matter if the person has a WC issue or not.

Thank you all for your input.  I now have another issue with this employee....

As part of his disciplinary action we have required this employee to start using two timecards per day as of 7/28/08 (he travels from clinic to clinic) one to show drive time and one to show clinic time and he is to turn the previous days timecards in to me each morning.  I have not receieved any timecards so I spoke to him about it this morning and he said he had just been using one for the whole week (like he had been doing before the diciplinary review).  Are we able to hold him to the timecard reporting? Would it be safe to write him up for this as well?  Also he seems to have lost his timecards for last week conveniently the two days prior to his diciplinary review in which he was written up for overtime.... ugh!!!

If you documented or, at least, had witnesses to the directive to use two time cards, it's time for an insubordination disciplinary meeting.

Thank you.  The directive was written up by my and signed by the employee as well as witnessed by the office manager.

Thank you.  The directive was written up by me and signed by the employee as well as witnessed by the office manager.

TXHR is spot on.  This guy seems to blatantly be looking for avenues to not comply.  Your request is not that difficult and considering it is inline with what you have previously documented, I would start running him through the disc process immediately.  Sounds like you have your ducks in line so I would go ahead and shoot.