An Oregon Medicaid Agency Supporting Individuals with Intellectual and Developmental Disabilities

Section 3C

Employee Disciplinary Action

Customer Complaints

  • Employees who have received customer complaints (see Addendum E) will be notified in writing of the nature of the complaint, the steps necessary for resolution of the complaint, and a due date for completing the steps in order for the employee to retain employment. Employees who comply with the steps in a timely manner will not be terminated as long as they remain in compliance.
  • Employees may be terminated with two weeks’ notice for cause or no cause. If for cause, the employee will be given a written statement of the cause.
  • Any owner or partner may terminate an employee for cause without notice if the officer determines that any customer is in imminent danger due to the behavior or statements made by the employee.
  • The Company is a drug-free workplace. The workplace is defined as anywhere an employee is providing approved, contractual services to a customer. Violations of the drug-free policy, whether the customer complains or not, will result in immediate termination of the employee.

Abuse

The Company will issue to employees who provide direct assistance to individuals a written notification of mandatory reporter status (see Addendum B). The Company will inform in writing any employee who has any founded child abuse report or substantiated abuse, which may result in termination of the employee. The Company will provide employees with any written documentation of complaints against the employee, results of the complaint process, and disciplinary action.

Customer Confidentiality

The Company’s customers are protected by the federal Health Insurance Portability and Accountability Act (HIPAA). All employees, leads, and directors are responsible to protect the confidentiality of our customers’ protected information. Violations of customers’ confidentiality is cause for disciplinary action, including for-cause determination.

Absenteeism

Most employees are hired on a part-time basis and schedules are generally negotiated with customers based on the customer’s needs and schedule. It is generally unnecessary for hard schedules to be published for each employee/customer session together when the employee is the only employee of the Company assigned to work with the customer.

One Employee Assigned to One Customer Many Employees Assigned to One Customer
Scheduling The employee will negotiate a schedule with the customer. The Lead DSP will negotiate a schedule with the employees assigned and the customer.
Notifications The employee will give as much warning as possible to the customer when the employee cannot make a shift. If necessary work is planned with the customer, the employee will also notify the Lead DSP so that the shift can be covered. Otherwise, the employee should reschedule. The employee will give as much warning as possible to the Lead DSP when the employee cannot make a shift. The Lead DSP will make reasonable efforts to schedule another employee.

The Company considers a missed shift as excused if the employee gives a good-faith effort to notify customers or Lead DSPs of needing to miss a shift. However, even excused absences can become chronic. When an employee has enough excused absences to negatively impact the customer, the Company reserves the right to make a assignment change.

Absenteeism occurs when an employee chronically misses shifts with customers or chronically fails to give adequate notice of schedule changes to customers and Lead DSP. It is also considered to be absenteeism when employees have too many excused absences when the absences negatively impacts the customer.

Insubordination

Insubordination refers to an employee who is outright disobedient or disrespectful to a lead or owner of a business. Examples of insubordination include:

  • Refusal to obey commands of a supervisor
  • Disrespect shown to leadership in the form of vulgar or mocking language
  • Directly questioning or mocking leadership decisions
  • Gestures such as non-verbal cues showing dissatisfaction or eye-rolling
  • Complaining to customers about leadership

Compliance

Compliance problems are related to employees who do not keep up with necessary trainings, licenses, and other legal requirements to work in their job. This includes failure to cooperate with a regular criminal background checks.

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