Misconduct

Performance Improvement Plans are effective in more ways than one!

Recently, we received a claim response from an employer indicating “Poor Performance” with regard to a salesman who had been terminated. Comments provided indicated that he had been on a Performance Improvement Plan (PIP) which required him to take his company issued laptop home with him. On the date the decision to discharge was made, the salesman had called out sick, and when the company went into his office, they found his laptop hidden in his desk drawer. The claimant was fired for violating the PIP. The claim was returned to the state as a discharge for misconduct. The claimant had been warned – via the PIP – of the requirement to take his computer home with him each night in an effort to help him meet his sales goals. Evidence that he failed to do so clearly existed. When questioned by the state, the claimant denied knowing he had to take the laptop home and alleged co-workers often left theirs in their office. The signed PIP was crucial to the employer’s case. The form clearly spelled out each and every objective the salesman was to meet. 

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Holiday Help!

Many employers staff up during the last quarter of the year.  The increase in the number of people out and about, shopping during the holiday season, in turn increases the necessity for employers to hire.  Despite earlier prognostications that temporary seasonal jobs would not be as plentiful as last year, the retail industry added 159,000 jobs in October. Think about it, additional security is required at the mall; additional staff is needed to stock the shelves at night; additional employees are needed to pour the coffee and lattes for the shoppers during the wee hours of the night… 

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