Progressive Discipline

Question of the day: What is progressive discipline, and what is the other language related to employment status?  

Progressive discipline is exactly what it sounds like. It’s a series of disciplinary actions with later discipline being progressively more severe. The concept is that the employer begins with lower levels of discipline, and if issues continue, it culminates in more severe discipline, ending with involuntary termination.

Depending on the employer’s Employee Manual, the employer may or may not have language regarding the use of progressive discipline. At-will language, on the other hand, signifies that an employer can dismiss an employee for any lawful reason and does not require progressive discipline.

Some employers have probationary-period language in their Employee Manuals. However, by virtue of including a probationary period, it can create conflict with the position that your employees are at-will. Other employers refer to an introductory period in their manual to explain the initial training period. 

Public employees have a property right to their positions and must receive due process, which is a procedure that allows an employee to respond to a proposed disciplinary action that has the potential to affect their income or position prior to that action taking place. Employers who have unionized employees may have to follow certain procedures outlined in the Collective Bargaining Agreement with the union and meet the elements of “just cause,” which are requirements that should be met before terminating an employee.

While an employer may prefer not to terminate any of their employees, unfortunately, it sometimes becomes necessary. Given the complexities of employment, wouldn’t it be helpful to contact someone specializing in Human Resources when you have employment issues and need an expert? At Southwestern HR Consulting (SWHRC) we have a team of experts who are available to help. Contact us today to speak with a representative and learn about our services.