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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.


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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.

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Related articles on Discipline from the State Employment Law Letters
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Help me help you: documenting discipline
  West Virginia Employment Law Letter, June 2008
Falsified complaint is sufficient to strip prounion worker of NLRA protections
  Kentucky Employment Law Letter, April 2008
Delay in disciplining employee leads to allegation of FMLA violation
  Hawaii Employment LawLetter, April 2008
Tips for Indiana employers on three tough disciplinary issues
  Indiana Employment LawLetter, November 2007
Your beliefs matter: how to fine-tune your discipline policies and procedures
  OklahomaEmployment Law Letter, September 2007
Progressive discipline
  Alabama Employment Law Letter, August 2007
Griping over pay
  Alabama Employment Law Letter, June 2007
A warning can be a good thing
  South Carolina Employment Law Letter, May 2007

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