Employee Discipline Toolkit
The employee needs to be made aware how tardiness impacts the department, operation and the employee’s ability to be dependable for the shift. Make the employee aware that you will be documenting this conversation in the employee’s record log.
What should I do if my employee, who has been warned about tardiness in the past, begins to show up late for work again?
Since this discussion has been addressed in the past about the same concern, you should bring it to the employees attention that this is the 2nd time we have had to address this concern and will be documenting this as a verbal on the record log. Make the employee aware that if this continues, the next level in the MAP Process will be taken.
How do I handle an employee who is negative, likes to stir up gossip and cause conflict between employees?
If employees are causing distractions in the workplace due to gossiping and negativity in the workplace, it needs to be immediately addressed since negativity is contagious. This causes distractions and hinders the team’s productivity. Address with the employee, reiterate the Fostering a Positive Healthy Working Environment policy and the consequences this violation has if there is no immediate improvement. Document this meeting in the discussion log and if it continues, proceed with the next step in the MAP Process.
Employee is a no call no show for a shift, can I terminate them?
If an employee doesn’t show up for a scheduled shift, contact the employee to see what happened? If the employee failed to show up for scheduled shift, this would be an automatic PAN unless indicated differently in your policy. If the employee doesn’t answer or return the phone call and they no call no show for a 2nd scheduled shift, this would be an automatic voluntary job abandonment.
Employee continues to violate the dress code policy. Policy indicates that the position prohibits open toe shoes in the workplace, but the employee continues to wear them, can I send them home and write them up?
If the policy indicates what the dress code should be for the assigned position, and the employee fails to adhere to the policy after past verbal conversations; yes you can write the employee up and send them home with instructions to come prepared for work the next scheduled shift with the proper dress code. Explain why the dress code is put in place and the consequences for not following policy.
Employee is suspected of theft of company property, can I send the employee home while we investigate the situation?
Placing an employee on administrative leave is sometimes necessary to remove the employee while an investigation is conducted. If the investigation concludes with no evidence that the employee violated any policy, the employee will be brought back to work and paid for their time away. If the employee was guilty of the policy violations, then the proper discipline level would be administered at that time. (paid and unpaid leave while under investigation would be indicated in your policies if different) If this is a salaried exempt status employee, they must be paid for their time away in order not to violate the Fair Labor Standard Act (FLSA) Exemption guidelines.
What is the legal definition of "insubordination?"
The word "insubordinate" can be seen as not, subordinate to the authority of another. Someone who refuses to recognize the authority of the employer and is no longer willing to work under their guidelines. Insubordination is always grounds for immediate termination, unless the employer is asking the employee to do something illegal, immoral, or unethical.
Should disciplinary documentation allow for employee comments and signature?
Yes, that way there is a signature if:
- The employee makes comments about rectifying the behavior, there is documentation that the employee understood and accepted the discipline.
- The employee disagrees with the action, there is documentation that there was a discussion.
- The employee refuses to sign the document, there is proof that the employee refused to participate in the process should the employee later challenge. Write a notation on the document that the employee refused to sign.
What are four rules of positive discipline?
The employee needs to:
- Know what the problem is;
- What he or she must do to fix the problem;
- Have a reasonable period of time to fix the problem; and
- Understand the consequences of inaction.
What are most common mistakes made when handling employee conflict?
Employers have made some of the following mistakes in handling conflicts with their employees.
- Failing to take a claim made by an employee seriously.
- Not seeking advice from an employment specialist when needed.
- Slanting the truth or omitting bad news.
What are questions that supervisors should ask themselves before disciplining an employee?
- Are employees given adequate notice?
- Are the disciplinary rules fair and reasonable?
- Are alleged offenses adequately, fairly and objectively investigated before taking disciplinary action?
- Are rules enforced and discipline administered consistently and equally?
- Is the method of discipline reasonably related to the severity of the offense, taking into account the employee's prior disciplinary record?
Why does a company have to offer its employees progressive discipline if they are employed at-will?
Although the idea of giving employees written notice of substandard performance seems to contradict the employment-at-will doctrine, documenting discipline remains a critical activity that can help companies overcome outside legal challenges.
If an employee gives a two (2) week notice and the employer decides that they should leave that day, is the employer obligated to pay the two (2) weeks to the employee?
No, unless the employer has an Employee Handbook policy, an individual employment agreement, or some other implied contract that states otherwise.
If the employer decides the employee should leave that day, the termination shifts from a voluntary to an involuntary status which could prompt the employee to claim unemployment benefits. One recommendation is (if the employer intends for the employee to leave earlier than his / her voluntary resignation date) to simply agree to a "last day of work" to keep the employee "in the books" until the official termination date" the employee had requested.
The above FAQ’s are listed as a guideline. You always want to ensure that you are referencing your policies when violations have occurred, understanding what are the next steps in the policy, what are the consequences indicated in policy, and if the violation is considered egregious; what are my options.
Every individual in a position of authority to administer discipline should be familiar with their policies and procedures to ensure that the appropriate level of disciplinary action is taken.
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