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Progressive Discipline
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I am preparing a progressive discipline procedure for our firm. All employment is at-will at our California company and we need to keep it that way. We also need to avoid straitjacketing ourselves to
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Progressive Discipline
posted at 5/19/2010 9:07 AM EDT
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Posts: 58
First: 10/17/2006 Last: 9/13/2011 |
I am preparing a progressive discipline procedure for our firm. All employment is at-will at our California company and we need to keep it that way. We also need to avoid straitjacketing ourselves to the procedure when the situation warrants immediate termination. I am looking for sample procedures for guidance. I would also be interested in arguments and experiences both for and against having a formal procedure. Thank you in advance. |
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Progressive Discipline
posted at 5/19/2010 10:14 AM EDT
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Posts: 18
First: 5/20/2009 Last: 4/19/2011 |
In terms of not limiting yourself when a behavior warrants immediate termination, you may want to include language like "The Company reserves the right to take disciplinary action at any time up to and including termination of employment in accordance with the Company's employment at-will policy," or an indication that any and all steps of progressive discipline can be skipped for an egregious offense by saying something like, "If an employee commits an offense that does not warrant termination but is of a very serious nature, a final notice may be the first step in the process." It's important that you clearly define what kinds of offenses are immediately terminable, like stealing and workplace violence, and which would initiate progressive discipline, like attendance. Although we've always had a progressive discipline policy, getting managers to enforce it consistently is a challenge. |
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Progressive Discipline
posted at 5/20/2010 8:36 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Arguments for:
1. Lower UI claims experience resulting in lower UI rates. Lowers rate or eliminates successful appeals (often employees who win appeals in California think there's opportunity to go further with civil case). 2. Significantly reduces the risk of wrongful term cases (which may also reduce your business liability insurance rates). 3. Employees will feel as though they're being treated fairly if you use a well designed process. Arguments against: 1. A poorly designed/written/administered plan can work against you and create confusion and potential for legal action. 2. Requires more management attention 3. Must follow the policy once you implement it. Using the "escape" clause noted above helps greatly. But if you don't follow the process for less than egregious offenses, you can risk a wrongful term case. |
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Progressive Discipline
posted at 5/20/2010 9:06 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I like the first example given, but not the second. You don't want to have too definite a list of when you can skip....because if you list 5 things, I can promise that almost immediately a 6th will come up that isn't on "the" list.
Definitely have any policy reviewed by a labor/employment attorney in California to make sure it is going to do what you want it to do -- that is have a policy but allow a bit of flexibility when required. That said, we have one like the first and all our managers know to follow the steps. If they get into a situation that calls for immediate term outside the steps, they have to call HR, explain the situation and then deal with it after being approved/disapproved. They do however have the right to tell the employee to go home for the day if they can't get hold of HR. |
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Progressive Discipline
posted at 5/20/2010 11:08 AM EDT
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Posts: 18
First: 5/20/2009 Last: 4/19/2011 |
We distinguish between major and minor infractions and give examples of each, but the list is not all-inclusive. It is incumbent upon the manager to determine the level of discipline based upon the infraction. |
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Progressive Discipline
posted at 5/21/2010 5:43 AM EDT
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Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
I recommend not using a list of infractions. General statements provide the appropriate discretion, while being less open to challenge when terminating for offenses that are not part of the laundry list. Dave Arnold, Ph.D., J.D. |
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