Employee Conduct

1. Policy

   1. This policy applies to employees, contractors, consultants, temporaries and other workers at Solution Exchange, including all personnel affiliated with third parties.

      Solution Exchange, LLC’s conduct policy reinforces desired behaviors that support our company values. The company expects all employees to exhibit behaviors that are conducive to creating a positive working environment. When we see behaviors that don’t support this objective, it is incumbent on the supervisor or co- workers to constructively counsel a fellow employee to change the undesirable behavior.

2. Applicability

   1. All employees, except US EMT members may be subject to the terms of section 4.2, solely at the discretion at the next higher level of management.

3. Definitions

   1. None.

4. General

   1. The following categories of conduct include, but are not limited to, those types of conduct that are considered inappropriate and may be the basis of disciplinary action, including termination of employment.
      1. Inability or unwillingness to work harmoniously with others: Conduct which demonstrates lack of desire or ability to work in the spirit of harmony or cooperation with the efforts of co-workers, customers, subordinates, or superiors, including unlawful discriminatory behavior of any type.
      2. Insubordination: Failure or refusal to follow directions of the supervisor or others authorized to direct the employee.
      3. Violation of Safety and/or Security Regulations – Willful or negligent violation of any published safety or security policies or procedures.
      4. Unauthorized removal of Company property or the property of someone else: Removal from company premises, or from the premises of a customer, of any property that is not personal property of the employee, without prior written approval of management or of the person whose property it is.
      5. Gambling: Gambling of any kind on company time or property, or on the property of the customer.
      6. Drugs: Employees are prohibited from possessing, using, selling, distributing, manufacturing, purchasing or dispensing illegal drugs.
      7. Intoxicants: While on working time, or on company or customer property, using or being under the influence of alcohol or any other intoxicant that impacts your ability, or the ability of others, to carry out work.
      8. Harm or threat of harm to Persons or Property: Any conduct that harms or threatens to harm any person or property.
      9. Possession of firearms: Unauthorized possession of dangerous or illegal firearms, weapons or explosives on company property.
      10. Unexcused absences or tardiness: Failure to report to work or report to work on time based on the work schedule that is agreed to with the supervisor.
      11. Misrepresenting or concealing information: Misrepresenting or concealing material information relevant to Solution Exchange, LLC, verbally or in writing (such as in report preparation, an employment application, a resume/CV, medical forms, time records, benefits, requests for records, customer/prospect-related information, or other work records or receipts, including overpayment of funds).
      12. Failure to protect Solution Exchange business interests: Failure to protect, or willful or wanton disregard of, Solution Exchange interests and the confidentiality of projects, documents, or information pertaining to Solution Exchange contracts, or other Solution Exchange business; disclosing or misusing information about an Solution Exchange employee, or about Solution Exchange’s business contracts or its customers/prospects or their business.
      13. Violating the nondisclosure agreement: Giving confidential or proprietary information to competitors or other organizations or to unauthorized Solution Exchange, LLC employees; working for a competing business while employed by Solution Exchange, LLC; breach of confidentiality of personnel information.
      14. Falsifying data: Making or causing to be made, a false entry in Solution Exchange books or records.
      15. Other criminal conduct: Any other act, or failure to act, that would be considered criminal in nature.
   2. Process for resolving inappropriate conduct
      1. Generally, inappropriate employee behavior is fully resolved through discussion between the employee and supervisor or a co-worker. However, if inappropriate behavior persists, or the behavior is so egregious, the supervisor must formally counsel an employee(s) regarding such behavior.
      2. The following should be taken into consideration before formal action is initiated: the actual or potential impact on operations or the morale of the work unit; the amount of time that passes between occurrence of the conduct; extenuating or aggravating circumstances, if any; the employee’s degree of negligence; whether the employee knew, or should have known what was expected of him/her; the employee’s work record, including length of service, prior conduct issues, accommodations, and performance evaluations; how similar problems have been handled with consideration to relevant similarities and differences.
      3. The supervisor is responsible at every stage of issue resolution for creating a written record of how he/she investigated and what was learned, the dates and a summary of what was said at each meeting with the employee, and, where possible, the employee’s explanations of facts and reactions to each level of formal conduct resolution.
      4. With guidance and review from Human Resources, each level of formal action as discussed below, shall be documented in writing. Such documentation should include: the date, the name of the employee, deficiencies or examples of inappropriate conduct noted with dates when applicable; that the employee is not meeting his/her responsibilities because of these problems; the corrective action expected, and the time frame in which expected standards must be met; a statement that if the employee fails to make adequate progress or other problems arise, that further formal action including dismissal may occur before that time period ends, as well as after it; signed and dated by the supervisor.
      5. The supervisor and Human Resources should conduct a counseling meeting with the employee to discuss the adverse conduct and the conclusions of the investigation if one was necessary. The employee should be given an opportunity to provide justification or other relevant issues to the supervisor’s attention. If the supervisor determines that the employee’s justification or other issues identified do not affect the original formal action, the supervisor should verbally advise the employee that the formal action will proceed. In the event of formal action as described in Section 4.3, the employee should be advised that further occurrences of this substandard conduct, or other problems, will result in additional formal action, which could lead to dismissal. After the conclusion of the meeting, the supervisor should present the employee with the written documentation. The employee shall be given the opportunity to prepare a written response rebutting the facts and/or conclusions.
      6. In the event the supervisor determines that the employee’s justification or other added information may affect the supervisor’s judgment, the supervisor may withhold the formal action in order to determine how to proceed at a later point in time.
      7. Copies of formal actions as described in 4.2.5 above, along with attached rebuttal (if prepared), shall be placed in the employee’s official personnel file [for a period of time specified by Human Resources] or in such other official disciplinary file as Human Resources deems appropriate.
   3. Categories of formal action include:
      1. Formal action will normally begin with a Letter of Caution and proceed, on the next occasion of adverse conduct to a Final Written Warning. Thereafter, any adverse conduct will normally proceed to a decision leave or dismissal as two levels of management and Human Resources deem appropriate.
      2. Certain types of conduct are deliberate or grossly negligent and pose a significant danger to the company’s security, its operations, employee morale, or management authority or present similar concerns and that the first occurrence warrants immediate decision leave or dismissal. In such circumstances, two levels of management and Human Resources should agree that decision leave or dismissal is warranted.
      3. Letter of Caution: A Letter of Caution should be used in cases where informal counseling has not proven successful or where the supervisor and Human Resources determine the situation should first be addressed at this level. Human Resources must review the letter before it is given to an employee.
      4. Final Written Warning, Decision Leave, and Dismissal: A final written warning, decision leave or dismissal is warranted in cases where the employee continues to engage in unacceptable conduct after receiving a Letter of Caution, or when management determines that the situation should first be addressed at one of these levels. Any disciplinary action by a supervisor resulting in a final written warning, a decision leave and dismissal must have the approval of the responsible EMT member and Director of Human Resources. A dismissal must also have the approval of the President/CEO.
      5. Decision Leave may occur for disciplinary reasons, or may be initiated by a manager to immediately remove one or more employees from the work site to avoid harm or threat of harm to other employees, or to company or customer property. Decision leave may be on a paid or unpaid basis, or a combination of the two. Determining the duration of the decision leave, and whether it will be on a paid or unpaid basis, or both, will be the responsibility of the supervisor, the responsible EMT member, and Director of Human Resources.
      6. Guidelines for Decision Leave
         1. Exempt employees will normally be placed on decision leave in full workweek increments, from one up to three workweeks, without pay. If it proves necessary to suspend an exempt employee for any period that includes less than one full workweek, that period or portion of the decision leave shall be on a paid basis.
         2. Non-Exempt Employees Only – Non-exempt employees will normally be placed on a decision leave on an hourly basis, from one hour up to the number of hours comprising fifteen workdays,without pay.
      7. In circumstances where it is not practicable to comply with Sections 4.3.5 or 4.3.6 above, a supervisor is authorized to temporarily place an employee on decision leave prior to preparing the necessary documentation and/or securing the necessary approvals. No employee covered by the requirements of this policy may be dismissed without appropriate approvals and documentation as described in this policy.

5. Related Policy Provisions

   1. This policy is not intended to supersede the provisions of the Employment-at-Will policy.

6. Exceptions

   1. Require the approval of one of the managing partners.