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Leadership Defense: Mastering Progressive Discipline and Structuring Terminations

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LEARN TO HANDLE EMPLOYEE CORRECTIVE ACTIONS LEAGALLY AND ETHICALLY

A quick guide to legally and ethically mastering progressive discipline and structured termination, from the leading voice in HR expertise.

Paul Falcone, author of 101 Sample Write Ups for Documenting Employee Performance Problems and renowned HR and leadership expert, breaks down the best practices for progressive employee discipline and structured terminations into easy-to-understand steps that will help you avoid common legal and ethical pitfalls.

Leadership Defense answers practical, legal, and ethical questions surrounding employee discipline and termination, including how to:

  • Mediate employee disputes and engage in healthy conflict resolution strategies
  • Avoid the preemptive strike of "pretaliation" against unsuspecting managers or supervisors
  • Address attitude problems and stop bullying in its tracks
  • Protect my company from negligent hiring or termination claims
  • Terminate a long-term employee with a history of positive performance evaluations
  • And much more

This book offers easy-to-implement solutions that make the often-feared task of employee discipline more approachable and easier to navigate.

ISBN-13: 9781400230051

Media Type: Paperback

Publisher: HarperCollins Leadership

Publication Date: 03-01-2022

Pages: 160

Product Dimensions: 5.20(w) x 7.10(h) x 0.60(d)

Series: The Paul Falcone Workplace Leadership

Paul Falcone is principal of the Paul Falcone Workplace Leadership Consulting, LLC, specializing in management and leadership training, executive coaching, international keynote speaking, and facilitating corporate offsite retreats. He is the former CHRO of Nickelodeon and has held senior-level HR positions with Paramount Pictures, Time Warner, and City of Hope. He has extensive experience in entertainment, healthcare/biotech, and financial services, including in international, nonprofit, and union environments.Paul is the author of a number of books, many of which have been ranked as #1 Amazon bestsellers in the categories of human resources management, business and organizational learning, labor and employment law, business mentoring and coaching, business conflict resolution and mediation, communication in management, and business decision-making and problem-solving. His books have been translated into Chinese, Korean, Vietnamese, Indonesian, and Turkish.Paul is a certified executive coach through the Marshall Goldsmith Stakeholder Centered Coaching program, a long-term columnist for SHRM.org and HR Magazine, and an adjunct faculty member in UCLA Extension's School of Business and Management. He is an accomplished keynote presenter, in-house trainer, and webinar facilitator in the areas of talent and performance management, leadership development, and effective leadership communication.

Table of Contents

Introduction ix

Part 1 Tough Conversations, Constructive Confrontation, and Holding Employees Accountable 1

1 Addressing Attitude Problems 3

2 Dealing with Excessive Swearing: Putting a Quick End to Bad Habits 6

3 Stopping Bullies in Their Tracks 10

4 Addressing Sexual Harassment 14

5 Culture Shift: Creating a Healthy and Respectful Work Environment 18

6 The Danger of Off-the-Record Conversations 21

7 Mediating Employee Disputes and the Art of Constructive Confrontation 25

8 Dealing with Gossips, Rumormongers, and Snitches 31

9 Addressing Body Odor Problems 36

10 Overcoming Unwillingness to Confront Problems Head- On 43

Part 2 The Critical Nature of Progressive Discipline: Shifting the Power Paradigm Back to Your Company 49

11 What Is Progressive Discipline and How Does It Help Both Companies and Workers? 51

12 Disciplining and Terminating Probationary Workers 57

13 Why Is It So Hard for Leaders to Apply Progressive Discipline? 61

14 Preventing Mistakes When Documenting Discipline 64

15 Avoiding Employee "Pretaliation" Against Unsuspecting Managers and Supervisors 67

18 Documentation Techniques and Strategies: Incident Descriptions, Performance Improvement Plans, and Outcomes and Consequences 72

17 An Alternative to Formal Corrective Action: "Letters of Clarification" 78

18 Decision-Making Leaves and Days of Contemplation: Dramatic Turnarounds Without a Lot of Drama 84

19 Last-Chance Agreements in Conjunction with Final Written Warnings 91

20 Held Hostage by Underperformers: Strategic Group Turnarounds When a Team Is on the Brink of Failure 96

Part 3 Terminations for Cause, Layoffs, and Negotiated Resignations 103

21 Vetting the Record Before Recommending Termination 105

22 Negotiating Separation Packages When No Progressive Discipline Is on File 109

23 Summary Offenses (Immediate Discharge) 115

24 Terminations for Cause Versus Resignations by Mutual Consent 122

25 Can an Employee Rescind a Verbal Resignation? 125

26 If We Can't Terminate Someone, Can We Simply Lay Them Off? 129

27 Healing the Team After a Termination or Downsizing 134

Acknowledgments 140

Index 141

About the Author 147