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Progressive Discipline
© Business & Legal Reports, Inc. 0609
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