CORRECTIVE DISCIPLINARY ACTION

All employees are expected to meet performance standards and behave appropriately in the workplace.
Corrective action is a process of communicating with the employee to improve unacceptable behavior
or performance after other methods such as coaching and performance appraisal have not been
successful. If the employee has not made an improvement or if the behavior/unsatisfactory
performance persist, corrective action may be appropriate. Corrective action MUST be executed in
consultation with an Employee Relations Representative.

The goal is to guide the employee to correct performance or behavior by identifying the problems,
causes and solutions, not to punish the employee. If there is no improvement or if there are repeat
occurrences, correction action may be appropriate. In general, corrective action should be progressive,
i.e., beginning with the lowest severity action before employing actions of more severity.

Step 1.

Oral Warning

The supervisor should:

· Schedule a meeting with the employee to ensure privacy;

· Make notes abou what they want to say in advance;

· If applicable, encourage the employee to have Union Representation Present; remember that the
employee has a right to representation*.

· State clearly that they are issuing an oral warning;

· Be specific in describing the unacceptable performance or behavior;

· Remind the employee of the acceptable standards or rules. If they are available in writing, they
should be provided to the employee;

· State the consequences of failure to demonstrate immediate and sustained improvement: Further
disciplinary action may be the result; and

· Memorialize the conversation in wriing with the employee and copy the Labor Relations
Department at laborrelations@ucmerced.edu

If the supervisor gave an oral warning and the unsatisfactory performance or behavior endures, a
written warning may be warranted. This action may be used more than once, however if the problem
continues to persist repetitive letters may not be the solution.

*Weingarten Rights guarantee an employee the right to Union representation during an investigatory
interview. There rights were established by the Supreme Court in 1975 in the case of NLRB vs.
Weingarten, Inc.

Step 2

Written Warning

Written warning letter(s) must be approved by a Labor Relations Representative before issuance. A
template letter may be requested from a Labor Relations Consultant.

A written warning should:

· State clearly at the outset of the letter that it is a written warning, and cite the appropriate
personnel policy or contract provision.

· Describe the performance problem(s) or work rule violation(s) in very specific detail and attach
documents which support the supervisor's conclusions.

· Outline previous steps taken to acquaint the employee with the issue and attach copies of the
documents that are referred to.

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· Describe the impact of the problem.

· Note the employee's explanation or that the employee declined to offer one. If it was unacceptable,
the supervisor should explain why.

· Explain the expectations regarding behavior and/or performance.

· Clarify that if the employee doesn't demonstrate immediate and sustained improvement, the
consequence may be further disciplinary action, up to and including dismissal.

· Note the appropriate policy or contract provision for the employee's appeal rights.

· The warning letter should be delivered to the employee using appropriate delivery procedures such
as Proof of Service, and a copy forwarded to the Labor Relations Department to be placed in the
employee's personnel file.

A suspension without pay, reduction of pay within a class, demotion to a lower classification or dismissal
may be the next step in the progressive disciplinary process after written warning(s).

Step 3

Disciplinary Action

Suspension without pay - A suspension without pay prevents an employee from working and is without
pay for one or more days.

The letter should:

State that the action is a suspension without pay.

Inform the employee of the number of days they will be suspended with the beginning and ending
dates.

Describe the problem, the previous corrective measures, and the impact of the continued behavior or
performance.

State the supervisor's expectations and the consequences of failure to improve.

Notify the employee of their appeal rights, if appropriate.

Depending upon the contract or personnel program the employee is covered by, a letter of intent to
suspend may be required, which provides the employee with the right to appeal the intended action to
the next higher management level before the action is implemented. Contact your Labor Relations
Department as well as the appropriate policy or contract for more information. A template letter maybe
requested from your Labor Relations Department.

Reduction of pay within a class - This alternative is normally used when a supervisor does not wish to
remove the employee from the work site, but serious discipline is appropriate. Contact your Labor
Relations Department for more information regarding this action.

Demotion to a Lower Classification - This alternative is normally used when a supervisor does not wish
to remove the employee from the work site, but serious discipline is appropriate. Contact your Labor
Relations Department for more information regarding this action.

Dismissal – This action may be appropriate after performance counseling and progressive corrective
action have failed to get the employee to correct the problem(s). Contact your Labor Relations
Department for more information regarding this action.Need an Expert? Contact Labor Relations at:
laborrelations@ucmerced.edu

After establishing that corrective or disciplinary action is warranted, use some or all of the following
steps:

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TYPES OF DISCIPLINARY ACTIONS

Verbal Warning

The supervisor should:

Set a time and place to ensure privacy.

Make notes about what they want to say in advance.

Remember that the employee has a right to choose representation. (Weingarten Rights)

State clearly that they are issuing an oral warning.

Be specific in describing the unacceptable performance or behavior.

Remind the employee of the acceptable standards or rules. If they are available in writing, they should
be provided to the employee.

State the consequences of failure to demonstrate immediate and sustained improvement, or further
disciplinary action may warranted.

Note the oral warning on their calendar.

Written Warning

If the supervisor gave an oral warning and the problem performance or behavior persists, a written
warning may be given. This action may be used more than once, however if the problem continues to
persist repetitive letters may not be the solution. A template letter may be requested from an Employee
Relations Consultant. A written warning should:

State clearly at the outset of the letter that it is a written warning, and cite the appropriate personnel
policy or contract provision.

Describe the performance problem(s) or work rule violation(s) in very specific detail and attach
documents which support the supervisor's conclusions.

Outline previous steps taken to acquaint the employee with the issue and attach copies of the
documents that are referred to.

Describe the impact of the problem.

Note the employee's explanation or that the employee declined to offer one. If it was unacceptable, the
supervisor should explain why.

Explain the expectations regarding behavior and/or performance.

Clarify that if the employee doesn't demonstrate immediate and sustained improvement, the
consequence may be further disciplinary action, up to and including dismissal.

Note the appropriate policy or contract provision for the employee's appeal rights.

The warning letter should be delivered to the employee using appropriate delivery procedures such as
Proof of Service, and a copy forwarded to HR to be placed in the employee's personnel file.

Suspension Without Pay

A suspension may be the next step in progressive corrective action after written warning(s). Typically,
suspensions will prevent an employee to work and requires the employee to leave without pay for one
to ten working days, as specified in the letter.

The letter should:

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State that the action is a suspension without pay.

Inform the employee of the number of days they will be suspended with the beginning and ending
dates.

Describe the problem, the previous corrective measures, and the impact of the continued behavior or
performance.

State the supervisor's expectations and the consequences of failure to improve.

Notify the employee of their appeal rights, if appropriate.

Depending upon the contract or personnel program the employee is covered by, a letter of intent to
suspend may be required, which provides the employee with the right to appeal the intended action to
the next higher management level before the action is implemented. Contact your Employee Relations
Consultant as well as the appropriate policy or contract for more information. A template letter may be
requested from your Employee Relations Consultant.

Reduction of Pay within a Class

This alternative is normally used when a supervisor does not wish to remove the employee from the
work site, but serious discipline is appropriate. Contact your Employee Relations Consultant for more
information regarding this corrective action.

Demotion to a Lower Classification

This action involves moving an employee to a lower level position, and may be temporary or permanent.
Demotion may be appropriate in cases of inadequate performance of responsibilities at a particular
level, rather than violation of work rules. It should be based upon a reasonable expectation that the
employee will perform successfully in the lower classified position. Contact your Employee Relations
Consultant for more information regarding this action.

Dismissal

This action may be appropriate after performance counseling and progressive corrective action have
failed to get the employee to correct the problem(s). Contact your Employee Relations Consultant for
more information regarding this action.

Types of Discipline Used in the Workplace

Defining Progressive Discipline. The type of discipline depends on the issue facing the employer. ...

Written Reprimand. A written reprimand is appropriate when the employee ignores a verbal warning
about his behavior. ...

Temporary Pay Cut. ...

Performance Improvement Plan. ...

Suspension. ...

Demotion and Termination. ...

Weingarten Rights.

Depending on the circumstances and the seriousness of the offence, disciplinary action takes the form
of one of the following:

Verbal reprimand and explanation

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Written warning

Final written warning

Verbal reprimand

An employer may reprimand a employee where his/her conduct is regarded as being unacceptable and
the employer considers further steps to be unsuitable or unnecessary.

A reprimand is intended to be informal with the emphasis on correcting the employee's conduct
through discussion. A reprimand is not recorded formally on a written form. The verbal reprimand must
make the employee aware that further misconduct may result in formal and more serious disciplinary
action.

Written warning

A written warning may be given after a reprimand has not resulted in the desired correction or where
the misconduct is so serious that a verbal reprimand would be inadequate.

The employer who gave the warning must complete the warning form in duplicate. The exact nature of
the misconduct must be recorded and explained to the employee. The employee must have the
opportunity to state his/her case.

One copy of the warning form must be given to the employee and the other must be kept by the
employer. The employee's comments must also be recorded on the form.

The employee will be asked to sign the warning form. His/her signature or mark will be an
acknowledgement on the content. Any disagreement or refusal by the employee to sign the form must
also be recorded on the form. The employee's signature is not a prerequisite for the validity of the
warning.

Final written warninG

A final written warning can be given after a verbal and/or written warning has failed to achieve the
desired correction or if the warning justifies it irrespective of the absence of previous warnings.

If it is alleged that a employee has committed a level A or B misconduct or offence or has already
received a final written warning and he/she commits a further offence, a disciplinary enquiry into the
conduct or further offence shall be necessary.

A written warning and a final written warning shall be valid for a MAXIMUM period of six (6) months.
After the warning has expired, it shall NO LONGER count against the employee for any purpose.

Dismissal

No employee may be dismissed because of misconduct without the benefit of a disciplinary enquiry.

Dismissal may take place with notice or summarily notice depending on the seriousness of the
misconduct. If the misconduct is of such a nature that dismissal is warranted by law, no notice shall be
given.

FORMS OF MISCONDUCT

Level A : VERY SERIOUS MISCONDUCT

Absence without leave for a short period.

Reporting late for duty.

The employee leaves the working premises without authorisation.

Unauthorised possession of the employer's or anyone else's property.

Drunkenness, the use of liquor or the taking of narcotics on duty.

Assault or fighting.

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Intimidation, incitement or participation in a strike contrary to the Labour Relations Act, 1995.v

Disobedience, insubordination.

Failure to carry out standing instructions.

Violence, whether threatening or actual.

Fraud or forgery of any document or information.

Betting or gambling in any form.

Gross negligence.

Possession and/or use of drugs.

Deliberate damaging of the employer's property.

Corruption, bribery, including attempts at bribery and acceptance of a bribe, theft, fraud, dishonesty
and making confidential information known.

Absence from work without leave for more than five (5) days.

Conviction in a criminal court and imprisonment without the choice of a fine.

Making private or confidential information known to a third party without the permission of the
employer.

In posession of or the vieving of pornographific material or material that is offensive or discriminatory of

nature wheather in printed or computer data format.

Distroying or deleting computer data without the employer's consent.

Level B : SERIOUS MISCONDUCT

The action for the first offence is a final written warning and for the second offence dismissal.

Sleeping on duty.

Failure to report unsafe areas, structures or implements.v

Failure to use tools or implements according to the standard procedure.v

Protracted absence.v

Using insulting and indecent language.

Unauthorised collections on the employer's premises.

Failure to report the overtime (irrespective of an undertaking to work overtime) without a valid reason.

Inadequate or poor service.

Ireconcilability.

Injuries to others as a result of negligence or rough play during working hours.

Littering.

Wilful telling of false information.

A first offence of absenteeism during the probationary period, namely the first 6 months of service.

Level C : LESS SERIOUS CONDUCT

Depending on circumstances and the relationship between the employer and employee, a written
warning or final written warning could be given if the relationship between the parties has deteriorated
to such an extent that they cannot work together any longer. The action taken must be fair in the

6
circumstances. The action for a first offence is a written warning and for a second offence within the
period of validity of the warning already given, a final written warning. For a third offence the action is
dismissal.

Failure to carry out a reasonable, legal instruction within the time required.

Failure to report sickness to the employer.

The final test to determine whether an employee should be kept in the employer's service is if the
misconduct was so serious that there is no longer any chance for the establishment of a normal trusting
relationship between the parties and that reconciliation cannot be brought about.

Compiled by M. Scheepers

This manual is copyright under the Berne Convention. In terms of the Copyright Act, No. 98 of 1978, no
part of this manual may be reproduced or transmitted in any form or by any means, electronic or
mechanical, including photocopying, recording or by any information storage and retrieval system,
without permission in writing from the author.

Approaches to Discipline

Posted on May 16, 2017 by admin

Basically the approaches to discipline are of two types: positive and negative.

1. Positive Approaches to Discipline:

Employee discipline is critical in achieving organisational success. Generally, approaches to workplace

discipline are positive and constructive, including communication, good systems design, quality
management systems, training, motivation and rewards. However, in any organisation there is the need
to plan for the negative, exceptional situations that occur when individuals or groups misbehave and
break the rules, or do not comply with the expected standards.

In “positive” discipline, there is willingness to comply that comes from the desire to cooperate in
achieving the common goal of the organisation. The emphasis here is on cooperative efforts to secure
compliance to organisational norms.

2. Negative approaches to discipline:

Disciplinary Procedures:

On the other hand, “Negative” discipline involves force or an outward influence. It is the traditional
approach to discipline and is identified with ensuring that subordinates adhere strictly to rules and
punishment is meeting out in the event of disobedience and indiscipline. The fear of punishment works
as a deterrent in the mind of the subordinate. Approaching discipline from this kind of a perspective has
been proving increasingly ineffective.

We now move on to how to cope with ‘indiscipline’. What does an organisation do when staff does not
comply with the standards of behaviour or performance expected and planned for? Indiscipline refers to
the absence of discipline. Indiscipline, therefore, means nonconformity to formal and informal rules and
regulations. No organisation can afford indiscipline as it will affect the morale, motivation and
involvement of employees. Indiscipline often leads to chaos, confusion, and reduces the efficiency of the
organisation. It often leads to strikes, go-slows, and absenteeism, resulting in loss of production, profits
and wages.

Absenteeism, insubordination, violation of organisational rules, gambling incompetence, damage to

machinery and property, dishonesty and other forms of disloyalty causes industrial indiscipline. These
are all forms of misconduct against management. Most of the disciplinary problems do not occur

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overnight, but they gradually develop and many of the tendencies toward misconduct or indiscipline
could be remedied if the supervisors take proper and timely action. Taking long lunch hours, not actively
working on the job, gossiping and whiling away time, carelessness and tardiness etc. shows lax attitudes
which have developed over a long period of time because they were tolerated. It is rightly said that first
we develop habits and attitudes and later on they develop us. Therefore, it is extremely necessary to put
out fires while they are small and yet to spread. A stitch in time would save nine!

Yet another crucial point is to probe deeper in order to find out the basic underlying causes of
indiscipline problems. Instead of going by the outward symptoms and manifestations of misconduct, it is
essential to pinpoint and alleviate the root causes of disciplinary problems. In most cases, management
wishes to help the employee to overcome his difficulties. A further point is that management will wish
to try to ensure that the malaise does not spread to other staff. Justice must not only be done, it must
be seen to be done!

The approach to managing discipline normally involves positive feedback, the encouragement of staff to
do the ‘right’ things. To this end we set rules detailing the expected standards of behaviour. In addition,
there is also the need to specify how deviations from these rules will be dealt with. The threat of
sanctions can be used, i.e., penalties imposed for doing the ‘wrong’ things, such as breaking an
important organisational rule. In this context, organisations speak about ‘disciplinary offences’ or
‘disciplinary hearings’ – but this is really a shorthand label. We are really seeking to monitor and control
staff behaviour by setting rules and monitoring performance. This way we can readily identify and deal
with those exceptional cases where the required order has broken down.

When such a situation occurs, some form of management reaction is required in order to restore the
standards of behaviour and working practices to that which is required to achieve organisational
objectives. This frequently involves threatening or invoking sanctions or penalties to correct, punish or
deter staff from doing the ‘wrong’ things. This is the system of disciplinary procedures.

But discipline is more than punishment and deterrence. It is a whole system of rules and procedures
designed to encourage people to do the right things, to deter them from doing the wrong things and for
dealing with staff who do the wrong things. Disciplinary action is planned with the intention to improve
the future behaviour of the employee who has broken the rules. It can also influence the behaviour of
other staff.

Disciplinary Offences:

We can identify many staff actions which may put the achievement of organisational objectives at risk or
which pose a threat to its assets or reputation. These include:

Inadequate or incompetent work performance

Absenteeism

Poor timekeeping-late arrival, early departure, too many rest periods

Breaking rules- on safety or other aspects of work performance

interfering with the work of others

rudeness to customers or colleagues

improper personal appearance

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being under the influence of alcohol or drugs

conflict of interest- too close links with customers or rivals

theft

fraud

damage to goods or property

assault on customers or other staff

Most organisations now have a formalized approach to disciplinary procedures both to ensure uniform
practice and also to conform to legal requirements. Most countries have laws designed to protect the
rights of workers. An inconsistent or unplanned approach to imposing discipline may well lead to legal
action being taken against the organisation.

Such action can prove expensive in monetary terms. There is also the cost of management time required
to defend the organisation. The reputation of a company can also be damaged if a court judgment is
made against it. The standard of behaviour expected of staff should be defined in advance. Actions,
which may give rise to punitive disciplinary action, should be clearly identified together with the
consequences that will be imposed if such behaviour is encountered.

Disciplinary Action:

Before conducting a discipline discussion, the supervisor should be able to:

Describe the incident by answering: Who? What? When? How? Where? Witness? Why?

Refer to the policy or procedure that was violated.

Determine whether the employee was previously notified of the correct operating procedure and be
able to provide documentation, if it exists.

Know whether the employee has been disciplined previously.

Provide documentation of verbal counselling, if possible.

Determine whether other employees have violated the same policy/ procedure and what discipline, if
any, they received.

In discipline discussions with an employee, the supervisor points out the unsatisfactory behaviour,
explains the need for and purpose of the rule or practice that is being violated, and expresses
confidence in the employee’s willingness and ability to make the necessary changes in behaviour.

During a discipline discussion the supervisor should be objective in reviewing the situation and give the
employee specific examples of the behaviour that is causing the problem. The employee should be
allowed an opportunity to present his or her own case. The supervisor needs to make sure the employee
has a clear understanding of the consequences of his or her behaviour. The supervisor and the
employee should agree on specific recommendations for correcting the performance.

Appeal of Disciplinary Action:

People work together best in an atmosphere where they are valued as individuals and recognized as key
members of the organisation. Supervisors ensure that policies and procedures are administered
uniformly and followed judiciously by treating employees fairly and consistently. Fair, efficient, and
equitable solutions for problems arise out of the employment relationship.

Employees may disagree with the supervisor and submit grievances. Grievances are an informal
approach to resolving conflicts. Grievance subject matter might include wages, hours of work, working

9
conditions, performance evaluations, merit raises, job assignments, reprimands, rules, regulations, and
policies.

Though there is no rigid and specific procedure for taking a disciplinary action, the disciplinary
procedure followed in Indian industries usually consists of the following steps:

Issuing a letter of charge: When an employee commits an act of misconduct that requires disciplinary
action, the employee concerned should be issued a charge sheet. Charges of misconduct or discipline
should be clearly and precisely stated in the charge sheet. The charge sheet should also ask for an
explanation for the said delinquent act and the employee should be given sufficient time for answering
this.

Consideration of explanation: On getting the answer for the letter of charge served, the explanation
furnished is considered and if it is satisfactory, no disciplinary action need be taken. On the contrary
when the

Progressive Discipline

Disciplinary treatment in most organisations is progressive, whereby the organisation attempts to

correct the employee’s behaviour by imposing increasingly severe penalties for each infraction. The
usual steps are:

Verbal warning

Written warning

Suspension, without pay

Termination of employment

Thus, progressive discipline is a discipline system where the severity of the penalty increases each time
an employee breaks the rules. Typically the progression is from oral warnings to written warnings to
suspension and, finally, to termination.

There are advantages to using progressive discipline, especially when it’s used in conjunction with a set
of work rules (that are thoroughly communicated to employees) and an explanation of the disciplinary
system. For instance:

The existence of a progressive step-by-step discipline system conveys to employees that you’re not out
to nail them to the wall at the first sign of trouble.

The existence of an adequately communicated progressive disciplinary system keeps employees

informed of where they stand.

Having a definite and consistently applied disciplinary system ensures employees who never need to be
disciplined that those who do need to be disciplined will be.

A progressive discipline policy provides the business with a system that is fair and easily defensible
against a challenge.

Employees accept fair, equitable, and consistent discipline. Positive, progressive, hot stove approaches
work best. The hot stove rule is a set of principles that guide effective disciplining:

Immediacy: The more quickly the discipline follows the offense, the more likely the

discipline will be associated with the offense rather than with the dispenser of discipline.

10
Warning: It is more likely that disciplinary action will be interpreted as fair when employees receive clear
warnings that a given violation will lead to a known discipline.

Consistency: Fair treatment demands that disciplinary action be consistent.

Impersonal nature: penalties should be connected to the behaviour (violation) and not to the
personality (person) of the violator.

The Red Hot Stove Rule:

Without the continual support of subordinates, of subordinates, no manager can get things done. But,
disciplinary action against a delinquent employee is painful and generates resentment on his part.
Hence, a question arises as to how to impose discipline without generating resentment? This is possible
through what Douglas McGregor called the “Red Hot Stove Rule”, which draws an analogy between
touching a hot stove and undergoing discipline.

According to the Red Hot Stove rule, disciplinary action should have the following consequences:

Burns immediately: If disciplinary action is to be taken, it must occur immediately so the individual will
understand the reason for it. With the passage of time, people have the tendency to convince
themselves that they are not at fault.

Provides warning: It is very important to provide advance warning that punishment will follow
unacceptable behaviour. As you move closer to a hot stove, you are warned by its heat that you will be
burned if you can touch it.

Gives consistent: Disciplinary action should also be consistent in that everyone who performs the same
act will be punished accordingly. As with a hot stove, each person who touches it is burned the same.

Positive Discipline or PD is a discipline model used by schools and in parenting that focuses on the
positive points of behavior. It is based on the idea that there are no bad children, just good and bad
behaviors. ... Negative discipline may involve angry, destructive, or violent responses to inappropriate
behavior.

Progressive discipline is a process for dealing with job-related behavior that does not meet expected and
communicated performance standards. The primary purpose of progressive discipline is to assist the
employee to understand that a performance problem or opportunity for improvement exists.

The process features a series of increasingly formal efforts to provide feedback to the employee so that
he or she can correct the problem. The goal of progressive discipline is to get the employee's attention
so that he or she understands that employee performance improvement is essential if they want to
remain employed.

The process of progressive discipline is not intended as a punishment for an employee, but to assist the
employee to overcome performance problems and satisfy job expectations. Progressive discipline is
most successful when it assists an individual to become an effectively performing member of the
organization.

Progressive discipline is used most frequently with hourly or non-exempt employees. Salaried or exempt
employees, under most circumstances, never move beyond the written verbal warning stage because
they either improve or seek employment elsewhere.

Failing that, progressive discipline enables the organization to fairly, and with substantial
documentation, terminate the employment of employees who are ineffective and unwilling to improve.

Typical steps in a progressive discipline system may include these.

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Counsel the employee about performance and ascertain his or her understanding of requirements.
Ascertain whether there are any issues that are contributing to poor performance. These issues are not
always immediately obvious to the supervisor. Solve these issues, if possible.

An example of an issue is the employee doesn't understand the goal of what he needs to contribute. A
second example of an issue in a poor attendance performance situation is that the employee is taking
time off to assist his sick mother. He didn't tell his manager who would have referred the situation to
Human Resources for addressing as FMLA eligible time off.

Verbally reprimand the employee for poor performance. Tell the employee that you will document the
next steps in progressive discipline and that termination can result at any point in the progressive
discipline process when the employer believes that the employee is unable to improve despite repeated
warnings. Document the conversation.

Provide a formal written verbal warning in the employee's file, in an effort to improve employee
performance. Continue progressive discipline as long as you believe the employee is making efforts to
bring his performance on track.

Provide an escalating number of days in which the employee is suspended from work without pay. Start
with one day off, escalate to three and then escalate to five.

End the employment of an individual who refuses to improve.

Communicating with an Employee During Disciplinary Action

Are you interested to know how you can communicate effectively during disciplinary action you are
taking to correct an employee's behavior or performance? In this example, the employee's coworkers
have often experienced the brunt of the impact of the employee's absenteeism or failure to contribute.

They want to know that you're taking the matter seriously and working to correct the behavior. Nothing
hurts the morale of your contributing employees more than seeing no action taken to correct the
actions of poorly performing employees.

You can't share what you're communicating because of employee confidentiality, but here's how you
can approach the conversation with the non-performing employee. Discipline is best when you have
personally witnessed the behavior, so make a genuine effort to that end. Keep in mind that your
presence can change the employee's behavior and so you may never see the actions that the coworkers
see.

His coworkers will appreciate any action you take to correct the problem. (You can tell coworkers that
you've addressed the problem—nothing more—but sometimes they need to know that their complaints
were at least heeded.)

Disciplinary Action Form Guides the Discussion with the Poor Performer

Revisiting the subject of employee discipline, specifically progressive discipline, this revised disciplinary
action form is straightforward and addresses employee actions in behavioral terms. Managers receive
guidance via the questions on the form to provide actionable performance feedback and suggestions for
improvement to the employee.

How to Communicate Discipline

The first step in communicating disciplinary action is to take the employee to or set up a meeting with
the employee in a private office. If you anticipate difficulty, and always at the stage of written verbal
warning, it's smart to ask an HR person or another manager to sit in on the meeting so that there is a
third party witness present.

In a union-represented workplace, the employee may also ask his union rep to attend the meeting. The
rep is usually a second onlooker but may ask questions to clarify or for examples that illustrate the
behavior. In a nonrepresented workplace, an employee can request that his own witness, possibly a
coworker friend, also attend.

Talking with the Employee

12
Telling an employee, "You have a bad attitude," gives the employee no information about the behavior
you want to see the employee change or improve. Better?

Say, "When you slam your parts down hard on your workbench, you risk breaking the part. You are also
disturbing your coworkers. The noise bothers them and they are concerned about their safety if parts fly
through the air.

"Your actions also cause your coworkers to stop working to see what is happening. Loud noises are
disturbing in the workplace. Your coworkers feel the need to find out whether they are in danger when
strange sounds happen near their workstations.

"You can consider this your verbal warning that the behavior needs to stop. I can understand that the
work sometimes frustrates you and that you let pent-up impatience out by slamming parts down on
your workstation. But, the behavior needs to stop because of its impact on your coworkers.

"You can take a look at the progressive discipline policy in your employee handbook. The next step
following this meeting is that I will document that I gave you a verbal warning and I will ask you to sign
the document. Your signature doesn't mean that you agree with the document.

"It means that you have seen and read the document and that you are aware that HR will file it in your
personnel records.

"Finally, George, the next steps if you continue these actions is a formal written verbal warning and then
suspension without pay. At the point of the formal written verbal warning, the company will decide
whether you are interested in changing your behavior. If the answer is, not likely, we will terminate your
employment. Do you understand?"

Just as you are as specific as possible when you praise or recognize positive employee behavior and
contributions, you are just as specific when you ask an employee to stop or improve negative actions.
Your effort to describe the specific behavior that you want to see corrected makes the results you want
to see more clear to the employee.

Of course, the employee may ask questions and make comments about the situation throughout the
meeting. He may deny that the situation is occurring and tell you that his coworkers are out to get him.

This reaction is why, whenever possible, you will want to have witnessed the behavior yourself rather
than enforcing discipline based on coworker opinions. But, as mentioned earlier, it's not always possible.

Progressive Discipline Policy Content

On a final note, even if you have a written progressive discipline policy, you need to make sure that you
state that you will apply it only in certain circumstances. Retain your right as an employer to skip all or
some of the steps in certain circumstances. In one small manufacturing company, for example, the
following actions occurred.

Two employees (who were dating outside of work) held a screaming match in the middle of the plant in
view and hearing of most other employees. All work by over a hundred people stopped, and then, of
course, the screaming match took up hours of the employees' attention and conversation.

Neither employee had ever had any disciplinary action taken against them. But, in this instance, because
of the widespread impact of their actions, they were each given a week off—unpaid— to think about
proper behavior at work.

In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which
an employee's contract of employment has been terminated by the employer, where the termination
breaches one or more terms of the contract of employment, or a statute provision or rule in
employment law. Laws governing wrongful dismissal vary according to the terms of the employment
contract, as well as under the laws and public policies of the jurisdiction.

A related concept is constructive dismissal in which an employee feels no choice but to resign from
employment for reasons that result from the employer's violation of the employee's legal rights

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Forms of wrongful dismissal

Being terminated for any of the items listed below may constitute wrongful termination:

Discrimination: The employer cannot terminate employment because the employee is a certain race,
nationality, religion, sex, age, or (in some jurisdictions) sexual orientation.

Retaliation: An employer cannot fire an employee because the employee filed a claim of discrimination
or is participating in an investigation for discrimination. In the US, this "retaliation" is forbidden under
civil rights law.

Reporting a Violation of Law to Government Authorities: also known as a whistleblower law, an

employee who falls under whistleblower protections may not lawfully be fired for reporting an
employer's legal violation or for similar activity that is protected by the law.

Employee's refusal to commit an illegal act: An employer is not permitted to fire an employee because
the employee refuses to commit an act that is illegal.

Employer is not following the company's own termination procedures: In some cases, an employee
handbook or company policy outlines a procedure that must be followed before an employee is
terminated. If the employer fires an employee without following this procedure, depending upon the
laws of the jurisdiction in which the termination occurs, the employee may have a claim for wrongful
termination.

The absence of a formal contract of employment does not preclude wrongful dismissal in jurisdictions in
which a de facto contract is taken to exist by virtue of the employment relationship. Terms of such a
contract may include obligations and rights outlined in an employee handbook.

Many jurisdictions provide tribunals or courts which that hear actions for wrongful dismissal. A proven
wrongful dismissal will tend to lead to the award of one or both of the following remedies:

reinstatement of the dismissed employee;

monetary compensation for the wrongfully dismissed.

Probationary employees

https://en.wikipedia.org/wiki/Wrongful_dismissal

A written reprimand generally is part of a progressive discipline policy. It is one of the final corrective
steps supervisors use before they consider employee suspension or termination. For an employee, it
serves as a warning to improve her performance or workplace behavior or jeopardize losing her job.

Absenteeism is a habitual pattern of absence from a duty or obligation without good reason. Generally,
absenteeism is unplanned absences.[1] Absenteeism has been viewed as an indicator of poor individual
performance, as well as a breach of an implicit contract between employee and employer. It is seen as a
management problem, and framed in economic or quasi-economic terms. More recent scholarship
seeks to understand absenteeism as an indicator of psychological, medical, or social adjustment to work.

High absenteeism in the workplace may be indicative of poor morale, but absences can also be caused
by workplace hazards or sick building syndrome.

Why Absenteeism Matters

Absenteeism is costly for both employees and employers. The employee may not be paid for taking
excessive time off or may even lose their job for calling in sick or for other absences. In fact, because
most employees in the U.S. are considered employed at will, employers can fire them for almost any
reason – or for no reason at all.

Absenteeism also affects employers’ bottom lines. Absent employees impact an organization’s
productivity, revenue, and costs. Absenteeism contributes to employee turnover, increased labor costs
when replacement workers need to be hired, and to other management and hiring costs. The Integrated
Benefits Institute, which represents major employers and business coalitions, reports that absenteeism
ascribed to poor employee health costs the U.S. economy about $530 billion a year.

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What’s an Excused Absence?

All employers expect employees to need some time off from work occasionally, and many employers
have company policies that provide for paid leave under approved circumstances. Other employers
don’t provide pay but do allow employees to take time off when they need it.

However, employers are not obligated by law to give time off for vacation or for sick days other than
under those conditions mandated by the Family and Medical Leave Act (FMLA). They are obligated to
allow employees to perform jury duty, but there are no federal laws mandating pay for service.
(Although some states have their own legal provisions.)

Regardless of legal requirements however, most employers will excuse absences from work for certain
reasons, such as vacation, medical leave, jury duty, military work, or bereavement. Proof of your leave (a
jury duty notice, a doctor’s note, an obituary, etc.) is usually sufficient documentation for an employer
to excuse absence from work. However, employers can spot trends and may keep track of how often an
employee is absent and what their reasons are.

Occasional Absences

Most employers allow a certain number of days off for excused absences. These days can be allocated as
flexible days to be used for any reason or as vacation or sick time.

Some employers require that Paid Time Off (PTO) be used when an employee is sick. This is meant to
encourage employees to come in whenever possible. However, employees often feel obligated to come
to work while sick and end up spreading germs and illness to their coworkers. This can develop into
office-wide absenteeism and low productivity.

Chronic Absenteeism Disciplinary Actions

When a person is absent from work on a regular basis, it is considered chronic absenteeism. This can be
a violation of an employee’s contract and may lead to job suspension or termination. Chronic
absenteeism does not include occasional excused absences such as unexpected health or personal
issues.

Chronic absenteeism is often an indicator of poor employee performance, poor morale, workplace
hazards, a medical condition, or psychological problems. Causes can include personal or family illnesses,
injury, family or personal obligations, harassment in the workplace, a heavy workload, bullying,
depression, lack of commitment, job searching, or family circumstances. However, illness or injury is the
most common reason cited by most workers.

How Your Employer Might Respond to Absenteeism Issues

What happens if absenteeism becomes a problem at your company? Your employer might take one of
several actions.

Performance Improvement Plans teach employees to be self-aware and accountable for the work they
have missed and how they have contributed (or failed to contribute) over the past quarter or year.

One-on-one performance reviews give the employer an opportunity to address absenteeism issues,
offer the opportunity for employees to self-evaluate their productivity, and can create a positive
dialogue between the employee and the supervisor. Performance reviews and other types of employee
meetings can resolve obstacles and lay the groundwork for decreased absenteeism in the future.

Creating clear sick leave and excused absence policies helps to eradicate any gray area surrounding
taking days off.

Incentive plans can also help increase morale and encourage employees to come to work every day.

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