Employee Discipline free essay sample

The disciplinary procedure should follow four rules: * The employee must know the nature of the problem. * The employee must know what he or she must do to fix the problem. * The employee must have a reasonable period of time in which to fix the problem. * The employee must understand the consequences of inaction. Employers must create a discipline policy that will not limit their right to enforce appropriate disciplinary measures. The law requires employers to match the discipline to the seriousness of the offense. The challenge for employers is how to reconcile being consistent in the application of discipline, but still take into consideration the specific facts which tend to make each disciplinary incident unique. Evaluate these 4 criteria when determining the most effective level of disciplinary action: 1. The severity of the offense. 2. The employee’s past performance record. 3. The employee’s length of service with the organization. 4. The organization’s past practice when dealing with this situation. Progressive Discipline Progressive Discipline is defined as a series of disciplinary actions or teps that are progressively more severe leading to improvement of performance or termination from employment. It is usually a set of circumstances or warnings – three strikes and you’re out. The primary purpose of progressive discipline is to assist your employees to understand that: * An opportunity exists for improvement or, * A severe performance problem may exist Companies should consider using the progressive discipline system. The progressive discipline system normally begins with the recruitment process and continues through orientation, training, performance evaluations and daily supervision. A progressive discipline system consists of the following: * A verbal warning * A written warning * Suspension * Termination Misconceptions about progressive discipline! There are many misconceptions concerning progressive discipline. Many employees feel they are entitled to disciplinary measures prior to being terminated. In most cases where at-will employment is the rule, progressive discipline is not a RIGHT; but an opportunity, offered by the employer, to correct performance on the job. It is not a RIGHT unless promised in an employee handbook, collective bargaining agreement or a public, municipal employer. â€Å"At-Will† is the law â€Å"At-will† is the law in every U. S. State (excluding Montana). Employment is at-will unless the employer has taken some type of action to introduce a different policy in the workplace of for a particular employee. An employment relationship for no specific duration may generally be terminated at any time, for any reason or for no reason at all, at the will of either the employer or the employee. The phrase at-will is just another way of saying at the will of either party. In other words, at-will employment means, the job will last as long as both parties wish it to continue and it will end when either party wants it to end. Accordingly, under at-will employment, the employee is not guaranteed a job for any specific period of time. The employment contract between the employer and the employee (any agreement regarding the job, pay, benefits, duties, etc. ) can end at any time. Simply put, the employer may terminate the employee at any time, and the employee may quit at any time. When employees are at-will employees, an employer does not need a reason to justify termination. These employees may be fired for any reason or for no reason. However, employees cannot be fired for an illegal reason, such as unlawful discrimination, refusing a supervisors sexual advances. While to following may differ from state, the below activities may be applicable: * Disclosure or refusal to disclose wages * Voluntary participation in alcohol or drug rehabilitation programs * Refusal to authorize disclosure of medical history or records * Jury duty Political activity * Military service * Volunteer firefighting * Refusal to patronize employer * Refusal to commit illegal activity * Absenteeism caused by attendance at childs school regarding a suspension * Absenteeism for a childs school or daycare activities * Domestic violence victim taking time off to obtain a restraining order, receive care or counseling, or to relocate * Refusal to disclose arrest records that do not lead to co nvictions * Refusal to take polygraph test * Enrollment in adult literacy program * Refusal to participate in abortions Consideration for employment without regard to results of blood tests for AIDS * Serving as election officer on election day * Healthcare workers exercise of statutory duty to report apparent victims of abuse or neglect, without suffering discharge or discipline Some employees are not at-will and are promised some type of job security. If employees have been promised that they will not be fired unless certain conditions are met, the employer must comply with these promises or face a claim for wrongful discharge. Similarly, a discharge may be wrongful when an employer violates an employees procedural rights. For instance, some employers promise employees a formal hearing, a certain number of written warnings, or some other process before they are finally terminated. If an employer fails to carry out these preliminary procedures before firing an employee, the firing may be considered a wrongful discharge. The courts also limit employers rights to terminate employees at-will. There are several instances where employers are not able to terminate an employee at will: * Discharges in violation of public policy. * Discharges that violate the â€Å"good faith and fair dealing† principle. * Discharges that involve breach of contract. Discharges for employee seeking rights under applicable law. * Discharges for cooperation with any investigation. * Discharges for testifying or future testimony in any action brought under appropriate law. Termination under these circumstances is wrongful and often results in a wrongful discharge suit. Each Employee Is Unique Each employee is unique and prog ressive discipline should not be used in a â€Å"cookie cutter† type approach. Progressive discipline should be used in a case-by-case basis, designed to fit each unique situation. Typical steps in a progressive discipline doctrine may include the following: Counseling employees about performance issues and obtaining feedback on the employee’s understanding of the requirements * Verbal warnings or reprimands * Documenting verbal warnings in an effort to improve performance * Provisions for suspensions, etc. After the above offers no resolutions to the problem terminate employment of an individual who refuses to improve. Be fair in all employment practices. Terminate with confidence by preserving the â€Å"at-will† employment status of employees. Termination Terminating an employee can be one of the greatest risks an organization faces. The vast majority of lawsuits filed against organizations are employment related, and the majority of these stem from improper discharge actions. Employment-related litigation is becoming more common, and employees are recovering larger and larger verdicts. Employers should regularly review all of their personnel policies and procedures, as well as employee handbooks and other written personnel documents, to ensure that no promises or statements are being made that could be construed as a binding employment contract. All employers should publish written disclaimers that preserve the employment-at-will relationship. Finally, when terminating employees, an employer should confirm that its action is uniform, consistent and fair. Whenever possible an employee should be given advance warning that particular behavior or continued misconduct could result in termination. Fairness, honesty, and candor with employees are the keys to defending against or successfully avoiding employment-related lawsuits. Conclusion The above is but a brief synopsis of the complex issues and potential risks that might arise when organizations decide to discipline and / or terminate employees. Obtain all the facts, plan before you act and be careful! Strong â€Å"At-Will† policies and careful pre-termination analysis go a long way in reducing the potential for privacy-based employment claims. Philadelphia Insurance Companies has created an alliance with yourHRdepartment (HRD). YourHRdepartment, Incâ„ ¢ provides HR training programs and other materials to all EPL Policyholders to assist the policyholders in reducing their exposure to employment practices liability. This can be accessed through www. losscontrol. com to find out more information. YourHRDepartment. com