Progressive Discipline
© Business & Legal Reports, Inc Session Objectives Apply progressive discipline steps fairly and consistently Identify laws and policy requirements affecting discipline Conduct effective disciplinary meetings Document disciplinary action properly
© Business & Legal Reports, Inc Session Outline Discipline and the law The need for consistency Investigations of disciplinary problems Steps in progressive discipline Disciplinary meetings Documentation of disciplinary actions
© Business & Legal Reports, Inc Why Progressive Discipline? Establishes expectations and predictability Applies consequences fairly and consistently Corrects inappropriate behavior and poor performance Helps rehabilitate employees with potential Protects against complaints and lawsuits
© Business & Legal Reports, Inc Discipline and the Law EEO laws Consistency and fairness Retaliation Wrongful discharge
© Business & Legal Reports, Inc Discipline Policy Provides legal protection Reassures “good” employees Puts potential offenders on notice Protects employees from inappropriate actions of co-workers Gives violators the opportunity to improve
© Business & Legal Reports, Inc Employee Handbook Informs employees of policy Advises that the policy will be enforced Allows some flexibility
© Business & Legal Reports, Inc Common Discipline Problems Attendance Performance or behavior Safety
© Business & Legal Reports, Inc Common Discipline Problems (cont.) Equipment and materials Substance abuse Harassment, fighting, or violence
© Business & Legal Reports, Inc Consistency Always follow the company’s progressive discipline policy Respond to all rule violations immediately Use discipline only for genuine violations
© Business & Legal Reports, Inc Consistency (cont.) Discipline all similar offenses in the same way Make discipline appropriate to the offense Give the employee an opportunity to correct the problem
© Business & Legal Reports, Inc Investigations Make sure you have all the facts Document findings Give workers the chance to explain Interview witnesses
© Business & Legal Reports, Inc Foundations of Discipline Questions?
© Business & Legal Reports, Inc Progressive Discipline Steps Oral warning Written warning Suspension Termination
© Business & Legal Reports, Inc Oral Warnings Meet privately and state the problem clearly Listen to the employee’s explanation Be sure the employee understands the rule Issue the warning and explain the next disciplinary step Agree on an action plan
© Business & Legal Reports, Inc Written Warnings For repeated or serious problems Get prior approval from HR State the facts clearly and objectively Include an action plan for improvement Sign and have the employee sign Give the employee a copy and file a copy
© Business & Legal Reports, Inc Suspension Confer with HR Meet with the employee Sign the forms Meet with the employee again after suspension Follow up
© Business & Legal Reports, Inc Termination Use only as a last resort or for very serious violations Consult with HR and investigate carefully Follow required termination procedures Meet with the employee Document the meeting in a signed report
© Business & Legal Reports, Inc Disciplinary Meetings Talk privately and promptly after offense Be calm and objective Let the employee explain
© Business & Legal Reports, Inc Disciplinary Meetings (cont.) Determine the facts Emphasize the seriousness of the situation
© Business & Legal Reports, Inc Disciplinary Meetings (cont.) Determine the best discipline Agree on a plan of action Document the meeting
© Business & Legal Reports, Inc Documenting Discipline Include key information Keep records for as long as policy mandates Remove warnings and other documentation when allowed to give employees a clean slate
© Business & Legal Reports, Inc Key Points to Remember Steps in progressive discipline: oral warning, written warning, suspension, and termination Be consistent and follow company policy Help employees correct discipline problems Protect yourself and the organization by documenting disciplinary actions