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Prior to the hearing, the employee must be given a Loudermill letter–i.e. specific written notice of the charges and an explanation of the employer's evidence so that the employee can provide a meaningful response and an opportunity to correct factual mistakes in the investigation and to address the type of discipline being considered.
The Loudermill letter fulfills the requirement of (written) notice, and should include an explanation of the employer's evidence ("to act as a check for mistaken accusations"). To fulfill the remaining Due Process requirements, a Loudermill letter will also have to inform the employee of his opportunity for a Loudermill hearing.
The order of severity for formal written administrative action is: a letter of counsel (least severe) a memorandum of concern; a letter of admonishment; a letter of reprimand. A letter of reprimand may be issued in lieu of punishment under Article 15 of the Uniform Code of Military Justice. A formal letter of reprimand is placed in the service ...
However, Fortune has learned that workers in the U.S. apparently received prior warning about not complying with the company’s return-to-work policy, before being sent a formal letter of education.
When an arbitrator looks at a discipline dispute, the arbitrator first asks whether the employee's wrongdoing has been proven by the employer, and then asks whether the method of discipline should be upheld or modified. In 1966, an arbitrator, Professor Carroll Daugherty, expanded these principles into seven tests for just cause.
Employers have varying views of sleeping while on duty. Some companies have instituted policies to allow employees to take napping breaks during the workday in order to improve productivity [11] while others are strict when dealing with employees who sleep while on duty and use high-tech means, such as video surveillance, to catch their employees who may be sleeping on the job.