April 28, 2010

Don't let your supervisors discipline employees on their own, says attorney Jeffrey Wortman. Keep HR involved. Supervisors and managers about to impose discipline are often frustrated, angry, and at the end of their ropes. That's not a good place for clear thinking and rational discipline.

Wortman, a partner in the Los Angeles office of national employment law firm Seyfarth Shaw, LLP, offers the following guidelines for good discipline:

The "Discipline" of Discipline

To be sure that discipline is level-headed, consistent, and appropriate, Wortman suggests that supervisors and managers answer the following questions before taking action:

• Does the employee know of the rule or performance standard?
• Is the rule or standard reasonable? Assuming yes, is enforcement of the rule reasonable under the circumstances?
• Is the action consistent with how other employees have been disciplined for the same or similar misconduct?
• Have you reviewed all relevant materials, including handbooks, contracts, policies, disciplinary history, and performance evaluations?
• Have you interviewed third parties who may know of or been involved in the incident?
• Are there accurate, contemporary, and clear notes from interviews and investigations?
• Have you confronted the employee about the misconduct?
• Has the employee had a fair opportunity to explain or deny the conduct?
• Are you convinced that you know all the pertinent facts and that this disciplinary action is the best way to handle the situation?

What to do when the employee who needs to be disciplined or terminated for misconduct is your star salesperson? Or the CEO's daughter? Or someone equally "untouchable"? Find out at our May 18 webinar, specifically for California employers.

Register now »

Find out more »

Administering Progressive Discipline

Although progressive discipline does provide a step-by-step procedure, supervisors must realize that it is not to be followed blindly, says Wortman, because no two situations are alike. Yes, consistency is important, but supervisors should keep the following factors in mind when assessing the need for and appropriate level of discipline:

• The seriousness of the problem. Is it a major infraction that requires immediate attention, or is it a minor incident where constructive, verbal counseling is more appropriate?
• The employee's history. Is this the first problem for this employee, or has he or she had this or other problems in the past?
• The frequency. If there have been problems in the past, what has been the frequency of the infractions? How long has it been since the last one?
• Employee's work history. What is the quality of the employee's work? How long has he or she been with the organization?
• Extenuating circumstances. Are there any unusual factors that could have contributed to the situation or should be taken into account?
• Past practice. How has your organization handled similar situations in the past?

Final Tip

Wortman offers one more tip: Prompt action is essential. If you delay, he says, it suggests that the problem does not seriously impact your business, or worse, that you condone the behavior.

High-Profile Problem Employees: How to Coach, Discipline, and Terminate These "Untouchable" Workers

Many employers follow a consistent, time-tested formula when dealing with rule-breakers or underperformers: Coach them to improve their skills, apply progressive discipline and issue warnings, and ultimately terminate them if necessary.

But these same employers often throw the rules out the window when the wrongdoer is a high-profile employee:

• The CEO
• The founder's daughter
• The highest-grossing sales rep
• The longtime manager celebrating his 30th year with the company

Even the toughest HR people can get squeamish about disciplining these rulebreakers — who, in turn, often believe they're above the rules that apply to everyone else. But make no mistake — let them run roughshod over your company, and you're practically begging for an expensive lawsuit (not to mention poor morale throughout the rest of the organization).

It's time to get tough. Join us on May 18 for a webinar all about the best way to effectively deal with these "untouchable" troublemakers. You'll learn:

• Why you're courting disaster if you ignore issues of poor performance, toxic attitudes, or policy violations among your high-profile employees
• What to do if you're getting pushback from higher-ups when you try to discipline a high-profile employee — or if the troublemaker is a higher-up
• How to draft and communicate your discipline and termination policies so that all workers know the rules apply to them
• When to call in outside counsel to protect yourself
• The most effective strategies for using progressive discipline in these situations
• How to make your documentation airtight when you're coaching, disciplining, or terminating these very visible employees
• The ways in which your approach may change if these workers have employment contracts, or own the company in whole or in part
• How to terminate a high-profile employee correctly — especially if the termination must be immediate
• What you can do to avoid any "double whammies" of disciplining or terminating high-profile workers who are members of a protected class due to age, disability, gender, national origin, race, or religion
• How you should respond if these employees fight back with charges of discrimination or retaliation (or appeal to their "old boy" networks for special treatment)

Register now »

Find out more »