1.03.09 Counseling & Disciplinary Action

1.03.09 – Counseling & Disciplinary Action  (Revised 6/2023)

OVERVIEW
Any associate’s failure to comply with Policy & Standard Operating Procedure and/or demonstrate unacceptable behavior other than those described as “intolerable” will be addressed utilizing the progressive disciplinary process.

Infraction – Outcome
1st – Verbal / Friendly Warning (The associate will be informed of this verbal warning and the written incident will be logged into the associate file. The associate does not have to sign afriendly/verbal warning but must be made aware of the documentation.)

2nd – Written Warning # 1 (Along with the written warning, there will also be a documented performance improvement plan that spells out the issues, the corrective action required and further disciplinary action to be taken if corrective action is not accomplished. Supervisor and associate will sign the improvement plan and it will be logged into the associate file.)

3rd – Final Warning Any continued violations of company policies will result in the next level of progressive disciplinary action which is termination.

4th – Dismissal (If after the Final Warning the improvement plan is not accomplished, the associate’s employment with Amerimed will be terminated.)

Associates who have not completed their six (6) month initial evaluation period may be dismissed and/or asked to resign without prior notification provided that we have not begun the progressive disciplinary process.

For disciplinary action purposes, Policy and Standard Operating Procedures and General Associate Expectations are categorized as follows:

• Attendance
• General Policy and Procedure/Clinical and Job Performance

It should be noted that formal disciplinary for any of the above categories follows concurrently. An associate may incur any combination of infractions that will result in progressive formal discipline. While the intent of this policy is to allow progressive disciplinary action to encourage associate corrective action and growth, nothing in this policy should be interpreted as preventing management from beginning the disciplinary process at any point depending on the severity of the offense and associate’s previous or concurrent disciplinary record.

Once a final written warning has been provided to an associate, the associate will be placed on “provisional” status until the performance improvement plan is accomplished. If the performance improvement plan is met, the associate will be taken off of “provisional” status. If the performance improvement plan is not met, the associate will be dismissed from the company.

Cumulative progressive disciplinary action will be considered during the Associate Performance Evaluation process for the prior 12-month period. Corrective actions older than 12 months will be retired and any others based on the retired corrective action will be downgraded accordingly.

SECTION A

Incident Investigation and Fact Finding
Immediate suspension of associates involved in an incident may be utilized to allow adequate time for investigation.

Any and all complaints, allegations, and/or disputes will be investigated by management. If a formal investigation is not warranted, the reviewing supervisor/manager will document a summary of their findings and file this information with the investigative file. If a formal investigation is deemed necessary, the reviewing supervisor/manager will begin by gathering facts about the incident. Associates and other employees from whom a statement is requested are encouraged to provide accurate details of circumstances during any investigation. In the event additional incidents are discovered during the investigative process, a sperate incident report shall be made and shall be separately assessed in accordance with this policy. At the conclusion of the investigation, supervisor/manager shall consider the facts of the incident and any existing corrective action plan should be taken into account when determining disciplinary action. It is the policy of Amerimed that grace should be applied when appropriate. Any determination of disciplinary action may be appealed to the OCE. Final determination of disciplinary action may include verbal warning, mentorship/retraining, first written warning, final written warning, or termination of the employee at the sole discretion of management.

Any action or disposition made by management following an investigation is completely confidential and will only be disclosed to the associate(s) involved in the investigation and the management team.

If suspended pending investigation, an associate will be paid following the conclusion of investigation for scheduled hours missed if they are found “not at fault” for the infraction investigated.

SECTION B

Counseling and Corrective Action
Discipline will be determined in a fair, practical, and consistent manner as it is supported by policy and/or management determination.

All pertinent facts will be carefully reviewed, and the associate will be given full opportunity to explain his or her conduct before any decision is reached.

Written warnings and performance improvement plans will include the reasons for the supervisor’s/management dissatisfaction and any supporting evidence along with the expectation for the future.

Details of associate disciplinary and corrective action will not be made public by management. Following investigation and management review, an associate shall be responsible for the replacement cost or insurance deductible, whichever is less, should the associate be found negligent, and therefore, responsible for the loss or damage to/of any company-owned equipment.

SECTION C

Dismissal
Employment and compensation with Amerimed EMS is “at will”, in that associates may be dismissed with or without cause, and with or without notice, at any time, at the option of either Amerimed or the associate, except as otherwise provided by law.

If the associate’s performance is unsatisfactory, fails to abide by Amerimed Policy and Standard Operating Procedures, or fails to fulfill the requirements of his/her position, the associate will be notified of the problem. If satisfactory change does not occur, the associate may be dismissed.

Some incidents, such as intolerable violations, may result in immediate dismissal. This does not apply to the initial evaluation period, during which associates may be terminated without progressive disciplinary process.

If you are dismissed by Amerimed, you will not be entitled to payment for accumulated time off.
See 1.16.01 Paid Time Off.

Whenever an associate resigns or in any way terminates their services with Amerimed, they will return all the property in their possession belonging to the company in working order or the cost of replacement will be deducted from his/her final paycheck as per the Equipment Issuance Form. See 1.05.03 Equipment Issuance and 1.01.01 Associate Appearance, Section B.

Any associate dismissed by Amerimed is not eligible for rehire without OCE approval.