Progressive Discipline 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. 0609 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. 0609 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. 0609 Discipline and the Law • EEO laws • Consistency and fairness • Retaliation • Wrongful discharge © Business & Legal Reports, Inc. 0609 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. 0609 Employee Handbook • Informs employees of policy • Advises that the policy will be enforced • Allows some flexibility © Business & Legal Reports, Inc. 0609 Common Discipline Problems • Attendance • Performance or behavior • Safety © Business & Legal Reports, Inc. 0609 Common Discipline Problems (cont.) • Equipment and materials • Substance abuse • Harassment, fighting, or violence © Business & Legal Reports, Inc. 0609 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. 0609 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. 0609 Investigations • Make sure you have all the facts • Document findings • Give workers the chance to explain • Interview witnesses © Business & Legal Reports, Inc. 0609 Foundations of Discipline • Questions? © Business & Legal Reports, Inc. 0609 Progressive Discipline Steps • Oral warning • Written warning • Suspension • Termination © Business & Legal Reports, Inc. 0609 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. 0609 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. 0609 Suspension • Confer with HR • Meet with the employee • Sign the forms • Meet with the employee again after suspension • Follow up © Business & Legal Reports, Inc. 0609 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. 0609 Disciplinary Meetings • Talk privately and promptly after offense • Be calm and objective • Let the employee explain © Business & Legal Reports, Inc. 0609 Disciplinary Meetings (cont.) • Determine the facts • Emphasize the seriousness of the situation © Business & Legal Reports, Inc. 0609 Disciplinary Meetings (cont.) • Determine the best discipline • Agree on a plan of action • Document the meeting © Business & Legal Reports, Inc. 0609 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. 0609 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 © Business & Legal Reports, Inc. 0609