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Ensuring Employee Discipline with Effective Processes
Editor's Note: Correct employee misconduct and enforce work rules consistently.
Overview: Employee discipline can improve communication with employees and foster positive outcomes - but only if used effectively. An employee's professional development may be aided by any number of measures, including targeted employee training and development or a referral to counseling. However, disciplinary action should also be used to ensure compliance with work rules and to promote workplace safety. In addition, employee discipline is a natural next step if an employee has not complied with a performance improvement plan (PIP) or action plan.
Although progressive discipline may be adequate to address many situations, at times immediate suspension or termination must be used. Employers need the proper tools to tackle commonplace workplace discipline situations, such as poor attendance, substance abuse and workplace theft. These tools include a variety of resources to aid in conducting discipline successfully, including internal policies and procedures and customized warnings.
Trends: States continue to enact legislation enlarging employee protections regarding an array of activities, ranging from smoking to voting to weapons possession. In addition, employees continue to make external agency complaints or file court claims under statutes with antiretaliation or whistleblower protections, such as federal and state False Claims Acts. Depending on state law, employers may be restricted from taking a number of actions during a disciplinary investigation, e.g., employee drug or polygraph testing. In other instances, an employer's failure to adequately discipline an employee or to document the results of a disciplinary investigation may pose greater liability problems, such as in the case of an external agency probe or an employment discrimination lawsuit.
Marta Moakley, J.D., Legal Editor
Latest items in Employee Discipline
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Supreme Court Could Extend SOX Whistleblower Protections
The Supreme Court has agreed to hear arguments in a case that could extend Sarbanes-Oxley Act (SOX) whistleblower protections to employees of private companies that contract with public companies.
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Connecticut and New Jersey Involuntary Terminations Content Enhanced
XpertHR has updated two of its state sections, Connecticut and New Jersey, to include further guidance on handling employee "whistleblowers" and to include a major exception to age-discrimination claims. Employers with locations in these states should review the additions to remain compliant with the law and proactive in preventing litigation.
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Vermont Content Updated to Reflect New Laws on Equal Pay, Flexible Working and Nursing Mothers
The Vermont content within the Employment Law Manual's EEO - Discrimination, EEO - Retaliation, Employee Discipline and Terms of Employment sections has been updated to reflect recently passed legislation regarding equal pay, the right to request flexible working arrangements and the right to breastfeed at work.
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Employee Discipline: Vermont
In-depth review of the spectrum of Vermont employment law requirements HR must follow with respect to employee discipline.
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Merck Hit With $100 Million Sex Discrimination Lawsuit
A sales representative has filed a class action lawsuit against her employer, Merck & Co., seeking $100 million in damages for discrimination against female employees with respect to compensation and promotion opportunities.
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Employee Discipline: Texas
In-depth review of the spectrum of Texas employment law requirements HR must follow with respect to employee discipline.
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Retail Resource Center for HR
XpertHR's Retail Resource Center for HR helps retail employers handle their most vexing employment issues by bringing relevant resources together in one place for easy access.
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Termination for Failure to Admit Prior Drug Addiction Does Not Violate ADA
A new 3rd Circuit ruling finds the Americans with Disabilities Act (ADA) does not protect an employee who concealed his prior drug addiction on a health information form during the hiring process.
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Conducting Disciplinary Investigations
This section of the XpertHR best practice manual discusses how a disciplinary investigation should be conducted, including suspension from work, witness statements and the features of an investigatory interview.
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Tennessee Recruiting and Hiring Sections Updated to Include Interference With Employment
The Tennessee Employment At-Will and Terms of Employment sections have been updated to reflect a discussion of the intentional interference with employment cause of action available to employees, illustrated in a recent case decided by the Tennessee Court of Appeals.
About this topic
HR and legal considerations regarding fair and consistent employee discipline. Advice on disciplining with effective results, no discrimination.