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Discipline Problems
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have a progressive discipline form which lists an oral warning, 1st warning, 2nd, 3rd, and last. One of our employees has come in late, not shown up for overtime and has broken other various compan
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Forums » Topic Forums » Legal Forum » Discipline Problems
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Discipline Problems
posted at 7/20/1999 7:22 AM EDT
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Posts: 24
First: 6/25/1999 Last: 2/28/2000 |
We have a progressive discipline form which lists an oral warning, 1st warning, 2nd, 3rd, and last. One of our employees has come in late, not shown up for overtime and has broken other various company policies. Before termination action can be taken, do we have to wait until he accumulates 4 identical infractions or can 4 different kinds of infractions on the same form be sufficient? |
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Discipline Problems
posted at 7/20/1999 9:16 PM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
That's a question that needs to be addressed in your internal policies. What are you telling your employees? How is discipline explained in your company's handbook? What have you done in the past, or, more correctly, have you ever "combined offenses" before?
We may be able to give you examples of how we handle the situation in our operations, but, ultimately, the answer has to come from whoever blesses your people-practices within your company, and should be communicated to your employees. |
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Discipline Problems
posted at 7/20/1999 11:04 PM EDT
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Posts: 946
First: 6/14/1999 Last: 12/14/2005 |
The reasonable approach is that you can combine them if the incidents were close in time at least to demonstrate a continuing pattern of .... (fill in the blank), subject to how your progressive discipline policy is worded. I assume that the latest incident, by itself, wouldn't warrant discharge. Even though the incidents may be of different natures, they do reflect that the employee is not following policy. Remember, you have policy that addresses tardiness and a policy that probably states empllyess shall work mandated overtime. Whenever I have counselled and given progressive discipline and have advised managers, I try to not only identify the specific issue but to put it into context of a more basic problem...e.g., not following policy or instructions...
Depending on how you worded the previous disciplinary measures, you should be okay if you link the current incident with the previous incidents that reflect policy violations about which the employee was warned not to do. Again, for an aribtrator, the mixing of different incidents will probably float if they are reasonably close in time and can be related in some many to warrant the next step of the progressive discipline. I think an aribtrator would see the unreasonableness of only allowing progressive discipline for the exact same incidents. Make sure you identify the previous disciplinary steps and the explanation for the increased step now on a different incident (not really different). And make sure that what you are terminating for is something that is supported by your policy and practice. |
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Discipline Problems
posted at 7/21/1999 12:11 AM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
As previously indicated, the short answer is: it depends on what agreements you've made (was your progressive discipline policy collectively bargained?), what your policies provide, and what you've done in the past. Even if your written agreements/policies allow you to take certain disciplinary action, you want to avoid even the appearance that you are enforcing your policies differently because of a person's membership in a protected group.
Agreements/policies/past practice permitting, "Hatchetman" has given you some good suggestions as to how to give these separate incidents a context that makes sense from an employer's point of view. |
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