Terminating or correcting an employee whose performance is not up to par or whose actions violate company policy is becoming risky business. Ann Clarke Snell puts it this way, “The seemingly simple task of taking employment action is fraught with peril, and rash actions have the potential to turn into lengthy, expensive litigation. Instead of jumping in, stop and think about it. Is your decision prohibited by law? Even if it is not, would an uninvolved party think it looked like it was?”
One course of action is to implement a consistent policy of documentation so that your company is protected in the event of a “wrongful termination” lawsuit. A secondary benefit of this kind of discipline policy is that supervisors who use it may be more conscientious about “rehabilitating” employees, sparing your company the expense of searching for, and training a replacement.
Proper Documentation
According to John A. DiCicco, president of Organizational Analysis Systems, Inc., an effective discipline policy includes written documentation that covers three vital elements:
- It clarifies what the infraction was
- It explains the corrective action that will be taken
- It specifies the consequences should the violation continue
Written warnings should always be signed by the supervisor, the claimant, and, when the claimant refuses to sign, a witness.
Disciplinary Documentation: an example
“Mr. Smith (the claimant) violated company policy by sending inappropriate or suggestive e-mail to a co-worker on March 3, 1998. He had been warned previously about this problem on February 19, 1998. The claimant’s supervisor has reviewed the company policy as written in the employee handbook with him, and Mr. Smith was told that if inappropriate e-mail continued, he would be terminated.
DiCicco, John A. “Warn, Document, and Communicate: Establishing an Effective Progressive Discipline Policy.”
The PEO Insider.
Snell, Ann Clark. “Taking Disciplinary Action—Without Subjecting Yourself To It.” www.bickerstaff.com/articles/discip98.html.
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