50 Laws in 50 States Compare side by side and see
exactly what employers need to do
Guide to Discipline Use corrective action to coach
employees in a positive direction
Supervisor Training Booklet series help train managers
to correctly use discipline
Progressive Discipline
Seminar on CD teaches managers to
inspire corrective, not legal action
Discipline and documentation are two concepts that go hand-in-hand. In fact, it's kind of a chicken and the egg scenario — which comes first? To discipline an employee, supervisors should have well-prepared documentation to back up any such employment action decision. But to have good documentation, supervisors need a well-crafted disciplinary policy to enforce.
Some of the most common problems at work that require discipline include dress code violations, poor attendance, and inappropriate or offensive behavior, such as harassment or discrimination. Human resources professionals should at least develop a plan for how to address on the front-end the most common disciplinary infractions.
Any employment lawyer worth his salt would agree that more cases are won and lost because of documentation than any other factor. Why is that? Because juries like to have something to hang their hats on when making decisions.
For example, an employee who is fired for coming in late every day for three months might win her lawsuit if the supervisor never documented the fact that she was late. Add to that a sloppy performance evaluation that rates her as satisfactory in the area of timeliness and she's running to the bank before you can spell D-E-F-E-A-T!
But documentation isn't the only thing to think about. As the entirety of the workplace landscape changes over time, the concept of discipline has altered accordingly. Employers are increasingly taking into consideration the real cost of replacing employees with disciplinary issues before simply firing them. The focus has shifted now on what can be done to turn a lagging employee into a productive one.
By letting employees know their shortcomings, and giving them a chance to improve, these efforts may save companies thousands of dollars in the long run. Addressing these shortcomings however, can take some finesse.
Related articles on Discipline from the State Employment Law Letters designates additional valuable resources available exclusively to Employment Law Letter subscribers