Employers face the unenviable task of determining when and
how to discipline employees for violations of the company’s policies or
federal/state laws. Inevitably, the employer must consider whether taking
disciplinary action will result in a claim by the employee of discrimination,
harassment or other legal claims.
As an employer, you will never be “bulletproof.” But there
are a few things that you can do to help minimize risk and maximize your
defense when you must take appropriate disciplinary action.
First, make sure that you have communicated your policies
and procedures to your employees in writing, preferably with a signed
acknowledgment of receipt by each employee.
This should include your workplace rules and expectations concerning
attendance, safety, employee conduct, and how you will address theft or other
violations of criminal law, violations of non-discrimination and
anti-harassment laws, and violations of workplace rules.
A progressive disciplinary policy is recommended, with a
range of discretionary measures from an oral or written warning to immediate
termination depending on the gravity of the violation. But if you do implement
such a policy, be aware that you must BE CONSISTENT. No exceptions or
exemptions for your favored or star employee should be allowed without a
compelling and urgent (and reasonable) business necessity.
Make sure that the employee knows what your next step will
be if the violations continue.
When you decide to take disciplinary action - document,
document, document. Conduct an impartial investigation, obtain written
statements from witnesses, make notes to the personnel file, and have the
employee sign the warning or other disciplinary action.
Don’t act in haste or while emotions are running high. Take
some time for reflection and consider all of the options available to you
before deciding on a course of action.
By: Cynthia W. Veidt, cindy@lpvlaw.com
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