Making Disciplinary Decisions

Some disciplinary actions arise from allegations of misconduct, such as theft, misuse of company property or disclosing confidential information. Before taking disciplinary action, conduct a thorough and reasonable investigation to verify that the allegation is true.

Promptly investigate all reasonable sources of information. Give the employee notice of the allegation and an opportunity to respond. If you act reasonably based on adequate information, courts will generally uphold your action even if they disagree with the result. Let the full extent of the investigation be determined by the seriousness of the incident and extent of the potential penalty. Disciplinary action is often based on the type of violation. Depending on the seriousness of the violation, employees may be given the opportunity to correct negative behavior.‚Äč

  • Progressive Discipline

    Progressive DisciplineThe progressive discipline process involves applying increasing disciplinary action each time a violation is repeated.  More »

  • Consistency and Reasonableness in Disciplinary Decisions

    Consistency and Reasonableness in Disciplinary DecisionsProtect yourself against court action regarding employee discipline by being consistent and logical when applying your disciplinary policies.  More »

  • Documenting the Discipline Process

    Documenting the Discipline ProcessNo matter how you choose to implement your disciplinary policies, maintain an objective, constructive and non-confrontational atmosphere when dealing with disciplinary issues.  More »

  • Issuing Warnings

    Issuing WarningsIt is a common misconception that employees are entitled to three warnings before termination. No existing law stipulates a specific number of warnings.  More »

  • Holding Investigatory Meetings

    Holding Investigatory MeetingsIf employees reasonably believe that discipline or other adverse consequences may result from what they say, they have Weingarten rights to demand union representation.  More »

  • Taking Disciplinary Action

    Taking Disciplinary ActionAlways conduct disciplinary actions in private and without interruptions. Allow enough time to present the issue completely. Give the employee a sufficient opportunity to comment or ask questions.  More »

  • Demoting Employees

    Demoting EmployeesState or federal laws do not specifically limit your right to demote an employee. However, your policies, if not carefully drafted, may limit that right.  More »