Common use of Serious Misconduct Clause in Contracts

Serious Misconduct. In the case of serious misconduct, the Employer may in its sole discretion, for just cause, bypass any one or all of the steps of progressive discipline. Examples of serious misconduct include, but are not limited to, misrepresentation on employment applications, misrepresenting time and tasks, patient abuse, violence, theft, and “no call, and no show.” In the case of any form of discipline less than termination, the employee’s disciplinary action shall include a description of the conduct that is the basis for the disciplinary action(s). The Employer will strive to identify specific corrective action(s) that the employee is expected to take to improve his/her performance. Fact-finding: Prior to issuing any form of disciplinary action to an employee, the Employer shall attempt to meet with the employee to investigate and gather facts. The Employer shall advise the employee of the purpose of the investigatory meeting and that the meeting could lead to disciplinary action, and shall advise the employee of his/her right to request the presence of an advocate or Union representative in the meeting. If an employee requests the presence of an advocate or Union representative, the Employer will make a reasonable attempt to schedule a meeting when the participating advocate or Union representative and employee are available to meet. The unavailability of an advocate or Union representative for a meeting date shall not unreasonably delay or impede the Employer’s investigation or decision to take disciplinary action.

Serious Misconduct. In the case of serious misconduct, the Employer may in its sole discretion, for just cause, bypass any one or all of the steps of progressive discipline. Examples of serious misconduct include, but are not limited to, misrepresentation on employment applications, misrepresenting time and tasksfraudulent timesheets, patient abuse, violence, theft, and “no call, and no show.” In the case of any form of discipline less than termination, the employee’s disciplinary action shall include a description of the conduct that is the basis for the disciplinary action(s). The Employer will strive to identify specific corrective action(s) that the employee is expected to take to improve his/her performance. Fact-findingFactfinding: Prior to issuing any form of disciplinary action to an employee, the Employer shall attempt to meet with the employee to investigate and gather facts. The Employer shall advise the employee of the purpose of the investigatory meeting and that the meeting could lead to disciplinary action, and shall advise the employee of his/her right to request the presence of an advocate or Union representative in the meeting. If an employee requests the presence of an advocate or Union representative, the Employer will make a reasonable attempt to schedule a meeting when the participating advocate or Union representative and employee are available to meet. The unavailability of an advocate or Union representative for a meeting date shall not unreasonably delay or impede the Employer’s investigation or decision to take disciplinary action.