Disciplinary matters at work can get tricky very quickly. A Lexology blog post recently outlined the many variables at play when it comes to disciplining employees. This could range from a verbal and/or written warning, a PIP or even termination. Employers with unionized employees typically have different restrictions than non-unionized employees.
Stay Consistent
One thing to keep in mind is that these situations involve humans and that means some level of emotion will always be at play. While the decision for corrective action is still up to the employer, there needs to be a level of consistency employed in the decision made. It can also be helpful to have solid guidance in place in the form of an employee handbook. This is beneficial to both employers and employees. The authors point out that inconsistencies in corrective action can lead to claims of discrimination.
Matters become more complicated in states where employees can be fired at will. These laws typically have nuances from state to state. The authors caution that even in cases where it is legal to fire at will, this is a decision that might not play out well in front of a jury. Other considerations include whether the employee was given consideration under the Equal Employment Opportunity Commission (EEOC).
Consistently Follow the Process
- Fair play includes getting the employee’s side of the story before deciding. This will be important if the case goes before a jury and/or the EEOC.
- Ensure the decision is consistent with similar situations experienced within the workplace.
- Decide if there is a history of misconduct and how that relates to the current situation.
- Assess whether the employee is management or leadership and why they must be held to a higher level of accountability.
- Ascertain if any difference in employee treatment is legitimate and legal.
Lastly, if the employee is on the payroll of a staffing company, it is important to work directly with the staffing company, so that all parties are involved in documenting the situation. This will create an important documentation trail for the candidate’s file and for the client in a way that is beneficial to all parties involved.
