How fair is it to retroactively discipline an employee for attendance?

There’s this extremely problematic employee who happens to be one of our most productive. Part of the reason they’re one of our most productive is that they’re often mean to other people and fail to develop the skills of those around them.

This employee disrespects me and others, and I’m about done being nice. It just so happens that they’re often late and/or absent. I’ve documented their attendance infractions, but I haven’t had any conversations with them or had them sign off on the forms—a step needed for each documented incident.

The bad news, however, is that our department head doesn’t apply the attendance policy on a consistent basis.

The head boss keeps hinting to me that they want “us,” as a management team, to write people up, but I get the impression that they’re kinda scared to apply the policy.

To be honest, I kind of am, too.

Partly because I don’t want to do the boss’s “dirty work” by writing everyone up if the boss is going to feign cluelessness to the policy. Partly because I don’t want to write the problematic employee up retroactively when I (and other managers) have been late, as well. I don’t know if my manager would suddenly, retroactively write me up, too, since our (and the company’s) numbers have been kinda bad recently, and none of us managers’ jobs are really that safe. And partly because this employee exhibits some psychopathic behavior, such as frequent triangulation of people. So I don’t want them to organize something at my expense.

So...how risky is it for me to write this person up, retroactively? Would it be fair?

This person’s attitude and character are detrimental to the team, and their presence and behaviors detract from team morale. My boss says the employee has been warned that they’re on thin ice for not having a proper attitude, and I’ve tried to support them as best I can. I feel like I’m running out of ways to help them succeed, and in a sense they’re a constant detriment to the goals of the team.

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