Progressive Discipline -

 Discipline and terminations are the most prevalent areas of employment law difficulties.  The most common disciplinary error is neglecting to document all steps.  Throughout the disciplinary process the employers documentation must be factual and complete.  Remember, the goal of progressive discipline is to correct a problem and avoid unnecessary turnover.  Being proactive when confronting employees affords the employee an opportunity to improve.  While the goal of progressive discipline is not termination, the employer should reserve the right to terminate an employee at any time.

Communication is critical to resolving discipline issues.  

•       Assure that each employee knows what the Company expects of him or her. (job description, training, etc.)

•       Encourage team members to work together to resolve issues that effect job performance.

•       Provide opportunities to resolve issues through departmental / interdepartmental meeting, mediation, and / or arbitration.

•       Be proactive in confronting employees with behavioral or competency issues.*

*  This should be done in private on neutral ground.  The goal should be to have the employee agree that a problem exists and agree to change.

Once an employee crosses the line and requires disciplinary action employers may follow the steps below:

1.      First Offense – Verbal reminder of future expectations:

This is to be done in a private setting with the supervisor.  A written record of the facts of the meeting is maintained in the personnel file.  While the intent of this meeting is to remind the employee what the Company’s expectations are, the Company reserves the right to terminate the employee at any time.

2.      Second Offense – Written reminder of future expectations:

A meeting with the employee is held in a private setting with the supervisor or management presiding and human resources witnessing.  The employee receives a written restatement of the verbal discussion regarding the employee’s responsibilities and / or expected behavior.  The employee is notified that future offenses may lead to disciplinary action up to and including termination.  A written record of the facts of the meeting and a copy of the reminder are maintained in the personnel file. 

3.      Third Offense – Decision making day:

At this point all options are available up to and including termination.  At the discretion of management, the employee is given an agreement to sign stating that he or she either agrees to adhere to the Company’s expectations, policies, and etc. or submit a letter of resignation.  The employee is asked to go home to make this important decision.  The agreement will also state that failure to return with a signed agreement will result in termination of employment.

Remember -

• Treat all employees equitably.  Be Fair!

• Do not condone poor behavior by your lack of response.  Be Firm!

• Document all disciplinary actions including verbal warnings.  Write it down!

• Provide feedback regarding the actions taken.  Follow-up!