Employee Discipline Procedure | DEV106

Employee Discipline Procedure

The Employee Discipline Procedure establishes the methods for progressive discipline that your company can use to provide employees with the opportunity to correct performance issues. The goal of any discipline is to correct the misconduct and modify the behavior, rather than to punish the employee.

The Employee Discipline Procedure applies to all employees and any level of employee misconduct. (10 pages, 2687 words)

Management should:

• Maintain documentation of any misconduct and the negative impact observed on the employee’s work, or that of others.

• Be fair to the employee. Consider their side of the story, and any evidence they have.

Discharging employees for misconduct is commonly misunderstood. Case law defines misconduct as a “substantial or intentional disregard of the employer’s interests”. Yet it also specifically exempts misconduct discharge for “inefficiency, unsatisfactory conduct, failure in performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion”.

Following a consistent discipline policy may provide some protection. Simple warnings may not be enough.

Employee Discipline Responsibilities:

All Employees are expected to monitor and enforce The company work rules equally to ensure consistent and equitable treatment.

The Human Resources Manager should be responsible for overseeing the discipline process, interfacing with legal counsel regarding discipline issues, and assisting any employee involved.

The Legal Counsel should be responsible for advising management on the laws regarding discipline issues and the rights of employees.

Employee Discipline Procedure Activities

• Introduction to Company Misconduct
• Response to Misconduct
• Employee Written Warnings
• Serious Employee Misconduct
• Very Serious Employee Misconduct
• Inexcusable Employee Misconduct
• Employee Misconduct Investigations

Employee Discipline Procedure References

• Fair Credit Reporting Act (FCRA)

Employee Discipline Procedure Forms

• Disciplinary Notice Form