Such a policy, might be expressed in an employee handbook, specifying certain stages of discipline, up to and including termination. For example, it may begin by an informal interview, followed by a verbal warning, followed by a written warning, followed by a final warning, and then culminating in the actual termination. This protracted procedure operates as a straitjacket–it prevents the expeditious termination of an employee, especially as to serious violations.
For example, assume one of your employees seriously violates company policy and you have a strong desire to terminate right away. You may now have to wait for months, until you go through all the stages. And if the employee complies after the initial warning, you may not be able to terminate him or her at all. This is because you cannot “skip ahead” through the stages of discipline and go right into termination.
Since this is a condition of employment, the courts will hold you to those procedures and if not followed, there will be wrongful termination. There may even be an argument by the employee’s attorney that such a procedure requires implied just cause.
On the other hand, without these procedures, you have complete flexibility. You can act informally on a case-by-case basis. You may decide to give a warning before termination–but this is totally in your discretion and you are not hampered by strict procedural steps.
Note in some cases, including union contracts and public employees, there may be a requirement of such progressive discipline.
www.HRconsulting.network can act as your virtual HR Independent Consultant. Our consulting services include: 1) acting as your virtual Human Resources department, 2) assisting your existing HR department personnel, 3) giving advice to other HR consultants or 4) simply providing outsourcing information to anyone interested in HR matters. And, we are equipped to prepare any documents required. Examples include: termination notices; warnings; counseling reports; progressive discipline procedures; write-ups; employment/confidentiality/noncompete agreements; employee handbooks; responses to employee demands; responses to wage and hour, overtime, rest/meal breaks, retaliation and hostile work environment disputes; memos to management; complaint investigations and reports; separation and severance agreements; settlement and release agreements; responses to sexual harassment claims; responses to discrimination claims; arbitration procedures (preparing a binding arbitration agreement, responses and other paper work, scripts and declarations for testimony, representatives to appear at hearings) and help with language used in your emails and communications with employees. Services can be on a retainer basis, hourly or flat fee. Our HR consultants have 20+ years’ experience in HR consulting. Or, simply give us a call for a free initial consultation. (800) 995-9434 (Ext. 1). Or email our parent company (attention Cliff): Info.NationalLienLaw@gmail.com.
HR Consulting Network 