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.
Author: Marta Moakley, JD, Legal Editor
Updated policy and guidance to reflect the Defend Trade Secrets Act, effective May 11, 2016. See Defend Trade Secrets Act.
Updated to reflect amendment to equal pay law expanding coverage to all employers that employ two or more employees, effective July 20, 2016.
Updated to reflect discipline concerns under the Workplace Privacy Act, effective July 20, 2016.
Updated to include amendments expanding discrimination protections regarding employee wage discussions, effective June 30, 2016, and forthcoming protections regarding reproductive health decisions and family responsibilities.
Updated to include information on a state court ruling allowing for damages in a retaliation claim under the Minnesota Fair Labor Standards Act, and forthcoming Minneapolis sick and safe time protections.
Updated to reflect a federal district judge's ruling blocking the law prohibiting state action against religious organizations or persons for establishing sex-specific standards based on a sincerely held religious belief or moral conviction.
The US Department of Justice has published an interim final rule adjusting current civil monetary penalties, which takes effect on August 1, 2016.
Updated to include retaliation protections under the Philadelphia wage theft ordinance, effective July 1, 2016; and expanded discrimination protections under the Philadelphia Fair Practices Ordinance, effective July 7, 2016.
Updated to include amendments to the Fraud and Abuse Whistle Blower Protection Act, effective July 1, 2016.
HR and legal considerations regarding fair and consistent employee discipline. Advice on disciplining with effective results, no discrimination.