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 to reflect US Department of Labor (DOL) regulations concerning the Longshore and Harbor Workers' Compensation Act (LHWCA).
Updated to include forthcoming amendment regarding alcohol testing law.
Updated to include retaliation provisions under forthcoming Diane B. Allen Equal Pay Act.
Updated to include retaliation provisions under forthcoming Equal Pay Opportunity Act.
Updated to include pregnancy and breastfeeding protections, effective April 1, 2018.
Updated to reflect discipline provisions in forthcoming amendments to the Domestic Violence Leave Act.
Opioid abuse has reached epidemic proportions with increased loss of life from overdoses and more than $18 billion a year in lost productivity and medical expenses for employers. XpertHR offers many tools and resources to help an employer take steps to prevent drug use and drug-related problems at their workplace and help employees who are suffering from addiction.
Updated to include retaliation protections under the forthcoming Austin paid sick leave law.
Updated to include information on Digital Realty Trust, Inc. v. Somers, a Supreme Court case that addresses whistleblower protections.
HR and legal considerations regarding fair and consistent employee discipline. Advice on disciplining with effective results, no discrimination.