Employees are motivated to perform in several ways, some from positive reinforcement and some from negative reinforcement, which is where progressive discipline comes in. Another rationale for the use of progressive discipline is to instill a sense of fairness in employment termination decisions. When you let someone go, employees want notice in order for it to feel fair. They also want to be given an opportunity to improve. Progressive discipline does both of those things.
Understanding Progressive Discipline
Progressive discipline is a form of discipline that ranges from minimal to severe and utilizes communication to improve performance of the employee along the way. It serves both as discipline and as notification; by notifying the employee of the need to improve (and clearly communicating what is expected and how to meet expectations), this provides the employee the opportunity to improve performance to avoid progressing to the next disciplinary step.
“You engage in progressive discipline to put people on notice that they’re not doing a good job. You’re also putting them on notice that there’s more to come if they don’t improve their performance.” Kristine E. Kwong noted in a recent CER webinar..
Kwong explained that there are some fairly standard steps to progressive discipline:
- Verbal warning. This is the most basic or initial form of progressive discipline. It is also sometimes referred to as verbal counseling. If the employee improves after being given a verbal warning, you do not need to progress further. However, not everyone takes a verbal warning seriously.
- Written reprimand. When appropriate, this can be followed by a second written reprimand and even a third written reprimand.
- Suspension. Suspension may be an appropriate way to express the severity of the situation. It may also give you the opportunity to investigate the situation and determine whether you should terminate the employee.
- Transfer or demotion. While not everyone utilizes this option in their progressive discipline process, you may want to consider it, depending on the details of your situation.
- Termination. By the time you get to this point you should have clear documentation that shows that the employee knew what was expected and did not meet the expectations. (Of course for severe cases you may initiate termination without the other steps, such as in the case of employee theft, for example. Any step could be skipped in light of the severity of the situation at hand.)
Remember that a performance improvement plan may be used in any of these steps. Additionally, you should never forget about the possibility of initiating training to resolve issues, such as in a situation where the employee is unable to meet the job requirements, but may be able to do so with additional training.
The above information is excerpted from the CER webinar “HR Documentation in California: How to Avoid Costly Mistakes with Effective Drafting Strategies” with expert Kristine E. Kwong. To register for a future webinar, visit CER webinars.
Kristine E. Kwong, Esq. is a partner in the Los Angeles office of law firm Musick, Peeler & Garrett, LLP. (www.mpglaw.com) Her practice includes the drafting and updating of handbooks, policy manuals, codes of conduct, and severance packages, and she regularly produces and presents training programs for employers on current issues of employment law.