Employee Discipline and Termination: Make Sure it is Documented

Robert F. Conte, Esq

EMPLOYEE DISCIPLINE AND TERMINATION: MAKE SURE IT'S DOCUMENTED

Robert F. Conte, Esq.

 Do not allow yourself to get caught up in the frequent employer dilemma of "we want to discharge this guy (or gal), but we don't have any documentation". The solution is a simple one and it only takes a little time, but the dividends are huge.

 In all instances of employee discipline, from the oral warning to discharge, the employer is well served by having a writing that describes the basis for the action taken. Documentation, Documentation and more Documentation is the key to effective employee discipline.

 Except in those egregious situations that require immediate termination, employers are advised to build their case (for a probable future discharge) through the process of documenting the progressive disciplinary action taken at each level of the corrective action process. When the reason for discharge is immediate i.e. theft, falsification of records, impairment on the job from alcohol or drugs, an immediate suspension, to remove the offending party from the premises, is a good practice to follow. There should then be a thorough investigation of the facts and circumstances, and a final decision, reinstatement or discharge. All employer actions should be documented and well summarized in a detailed letter sent to the offending employee describing the incident and the reason for the employer's decision. Specific, descriptive and fair are the important elements of any employer action.

 Documentation of any meeting between the employer, employee, and third party representative, where applicable, should be in the form of a detailed, but not necessarily lengthy narrative that accurately describes the incident. In this self-serving document, the employer should choose its words wisely while accurately describing the facts and reasons for it's course of action. Leave no misunderstanding among the parties as to what will happen next if there is no improvement. i.e. "Actions were intolerable, unacceptable behavior, unsatisfactory work performance, excessive absenteeism, and lateness etc., failure to correct these problems will result in further disciplinary action."

 If the work related problems persist, employers are urged to proceed to the next step of the disciplinary process by grouping all of the reasons together in a clear, concise and descriptive letter. Caution! Make sure the employee is told about the company's short time frame (2 weeks, 30 days etc.) in which he or she must correct the problem or be subject to further discipline. i.e. "your failure to improve your job performance will result in further disciplinary action up to and including discharge." If this is a final warning, tell them! The expectation of course, is that the employee will know what is required of him or her if they fail to correct the problem, and the consequences they will suffer by their failure to do so.

 It is therefore recommended, in all instances of employee discipline, from the initial warning to termination, that there be a writing memorializing the event. That writing should be clear, concise, fair and consistent with other actions taken. When the employer acts in this manner it will have created a valuable tool that will protect it in any future litigation.

 Human Resources Consulting Services can assist you with the development of an effective disciplinary documentation process. We can also help you in the recognition and resolution process of identifying workplace issues before they become very costly problems.

   Human Resources Consulting Services

   Robert F. Conte

   Attorney and Counselor

   (574) 229-8555

   Email: rconte@hrlawconsulting.com

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