# Managing Employee Conduct and Performance Course (Self-Paced)

Canonical URL: <https://www.graduateschool.edu/courses/managing-employee-conduct-and-performance-course-self-paced>

## Overview

Formerly titled: Employee Conduct and Performance.

Develop the skills necessary to deal with common performance and conduct problems federal supervisors face every day. This practical, no-nonsense course covers the legal framework for disciplinary actions, including how to apply the Douglas Factors to determine appropriate penalties, conduct investigations using Golden Hour procedures, and issue Garrity and Kalkines warnings. Topics include absenteeism, insubordination, sick leave abuse, workplace violence, government charge card misuse, Weingarten rights, Performance Improvement Plans, within-grade increase denials, and selected labor relations topics.

## What you'll learn

- Distinguish between a performance problem and a conduct problem.
- Determine when employee conduct is actionable and understand the four elements of a disciplinary action.
- Decide whether to take formal or informal discipline and list the different types of actions.
- List the most common factors in assessing penalties based on the MSPB case _Douglas v. VA_.
- Explain the role of the supervisor in this process.
- Identify common problems faced by supervisors when dealing with absenteeism, insubordination, travel cards, probationary periods, workplace violence, and offenses involving alcohol or drugs.
- Take preventive steps and set up rules to control employee behavior.
- Follow the correct steps in a performance counseling session.
- Write a performance improvement plan.
- List the steps in a performance-based action.
- Explain denial of within-grade increases.
- Identify selected labor relations topics.

## Curriculum

#### Module 1: Dealing with Problem Employees — A Strategic Overview

- Differentiate performance (“can’t”) problems from conduct (“won’t”) problems and tailor strategy accordingly.
- Verify causes (training, supervision, organizational issues) before acting; focus attention through counseling and feedback.
- Apply preventive steps, monitoring, and prompt action on “small” issues to avoid habits.
- Use appropriate formal measures when conduct affects the efficiency of the service.

#### Module 2: Disciplinary Offenses

- Understand the four elements of a disciplinary action: cause, appropriateness of formal action, penalty, and proof.
- Apply the “efficiency of the service” (nexus) standard and identify actionable conduct under law, rule, or policy.
- Distinguish actionable, irritating (non-actionable), and protected conduct (e.g., grievances, whistleblowing, union activity).
- Analyze case studies to practice determining when conduct is actionable.

#### Module 3: Formal and Informal Disciplinary Actions

- Use informal measures (oral/written counseling) to set expectations and create a record when appropriate.
- Select formal actions (reprimand, suspension, demotion, removal) when the employee knew or should have known the rule.
- Apply the “inherent wrong” vs. “not inherently wrong but prohibited” framework to choose informal vs. formal action.
- Work through scenarios to decide between counseling and discipline.

#### Module 4: Determining the Penalty

- Treat penalty selection as a separate determination after establishing actionable conduct.
- Balance relevant Douglas factors (nature/seriousness, job level, past discipline, consistency, notice, rehabilitation, etc.).
- Document consideration of tables of penalties and consistency within the work unit.
- Assess alternatives and deterrent effect when choosing among penalties.

#### Module 5: Documentation and Proof

- Meet the preponderance of the evidence standard using physical, testimonial, and documentary evidence.
- Clarify roles: supervisors gather evidence; HR/agency reps prepare and present cases.
- Follow “golden hour” practices: preserve evidence, get statements, record details, and interview all witnesses.
- Apply Garrity/Kalkines and Weingarten principles correctly during interviews and investigations.

#### Module 6: The Most Common Problems

- Manage absenteeism: AWOL strategy, sick-leave restriction, documentation, and excessive absence removals.
- Handle insubordination and lesser failures to follow instructions with clear orders and appropriate charges.
- Address misuse of government travel cards, probationary period issues, and workplace violence (threats and acts).
- Navigating alcohol/drug-related issues: accommodation, on-the-job incidents, and safe charging.

#### Module 7: Preventive and Extreme Steps

- Understand human nature on the job—why good people do bad things—and use rules/monitoring to keep good people honest.
- Implement preventive steps (set rules, monitor, act early) to reduce misconduct.
- Develop strategies for the “employee from hell” and avoid common management mistakes.
- Practice with case studies on prevention and extreme scenarios; set clear workplace rules.

#### Module 8: Handling Performance Problems

- Choose the correct path: performance-based action vs. conduct action.
- Execute PIP flow: counseling → PIP → performance-based action; recognize why agencies lose cases.
- Use disciplinary actions when poor performance is deliberate or negligent.
- Apply rules for within-grade increases and denial based on performance.

#### Module 9: Selected Labor Relations Topics

- Operate effectively in union and non-union environments; understand conditions of employment.
- Apply formal discussion and Weingarten rights correctly during meetings and interviews.
- Recognize past practice, steward roles, and official time requirements.
- Prevent reprisal and manage unfair labor practice (ULP) risks.

## Pricing

**Tuition:** $1049