+1 This person is not going to get fired. |
I disagree. This person could very easily get fired for poor performance, if what OP says is true. As I said earlier, Op's terminology is off. But it isn't crazy to mistakenly think that getting paid to do no work is "fraud."" |
Yes, this sounds like a performance issue, not a time fraud issue. |
Oh, I don't know. In my agency you can get caught with porn on your work computer and not lose your job. |
In the federal government you do not "fire" someone for poor performance. You put the person on a Performance Improvement Plan (PIP) after rating that person Unacceptable in one or more Critical Elements. Failure to complete assigned work does not mean that the work that was completed was unacceptable. Failure to complete assigned work (if that is the case) is a conduct issue, not a performance issue. If the employee failed to complete assigned work, he should be reprimanded. If he was not assigned sufficient work to complete, that's a management issue. Unless he falsified his time card -- alleged he was in the workplace when he was not -- there is no abuse of time issue. |
The teleworking aspect may change things. If he is logging the time as worked from home and then is not actually working (e.g. going out to run errands, watching TV) then I think it could be a time and attendance issue. Since time fraud isn't a performance issue, it is easier to prosecute (e.g. no PIPs, insane documentation over years, etc.). |
| so OP. did he miss any deadlines? Was there work that he was expected to complete that he did not? What led to the conversation that he hadn't done any work in a month? What has led to his disengagement? Wouldn't your energy be better spent in trying to re-engage this employee and in better monitoring his work output than coming to an anonymous message board looking for a way to fire him? You're a leader. LEAD. |
Telework is work. Period. Unless he has a signed telework agreement that says he can't leave his telework location (his home) without informing his supervisor, you can't treat telework any differently from the terms and conditions of regular work -- in other words, do you discipline employees for getting up from their desks and going to the bathroom without notifying you? Getting up and going to someone else's desk? Staring into space for a moment or two? If the answer is no, you can't discipline your teleworkers for "time and attendance fraud" for leaving their homes and walking around the block, unless you have a signed telework policy that mandates they stay home or notify you if they don't. You are disciplining them for violating that policy, not for fraud. |
Huh? This makes no sense. Getting up and going to the bathroom or talking to a coworker is not the same thing as, say, going grocery shopping when you should be teleworking. |
If an employee was leaving the office to go to the grocery store for an hour every afternoon, without taking leave or notifiying me, yes I would consider that time fraud. They are getting paid for doing non-work. |
Yes, clearly. But federal employees can go years with accomplishing very little while in the office. Many just tarry the day away. You can't have higher expectations just because they do telework. They can daydream the day away on telework too. As others have pointed out, it's up to OP -- the manager -- to supervise, to arrange sufficient workload, and to make sure expectations are met. |
Er.....what seems to be the problem? |
Actually you can have higher standards for telework because it is a privilege that not all employees get. Only those with a sufficiently high performance ranking and who meet deadlines are granted telework in my organization. And while you're teleworking, you're required to be logged into the chat service we have, you need to be reachable by phone, and some supervisors require a check-in at the beginning of a telework day, and a check-out at the end, summarizing what's been accomplished. Those are all additional requirements that are not imposed for those who are working in the building that day. If OP can verify that the employee was logged off, ie - not on work email, for hours at a time when supposedly teleworking and there was no big research paper delivered at the end of that - then yes, there is certainly potential for T&A fraud. |
Yes, you do fire someone for poor performance. Sure you PIP them first, but at the end of the day, if they do no work, they get fired for unacceptable performance. Failure to work is just as easily handled under a Chapter 43 Performance Management system than a Chapter 75 misconduct system. (If you want to be pendantic, I can use "removed" if you would prefer.) |
| LOL welcome to the government you really think he's the only one not doing anything. It's your job as a manager to delegate work. |