What should an employer do to manage an employee who is performing inconsistently but is more often a good employee? Or what about times when an employee is causing a problem but may not even realize it? What about otherwise high-performing employees who do things like show up late or have a lot of errors in their work lately?
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These are examples of situations where employee disciplinary actions may be beneficial. The employer doesn’t necessarily want to lose the employee (though it may come to that in the future if the situation cannot be improved) but does want to respectfully communicate that the behavior must improve to continue the working relationship. The key is to try to turn negative behaviors into positive ones—that’s the point of administering any form of disciplinary action in the workplace. (Many people perceive discipline as a form of punishment; it should be administered with the goal of improvement, not the goal of retribution.)
Possible Steps
Here are some examples of actions (both disciplinary and otherwise) that could be undertaken before considering termination:*
- Frequent, informal feedback, continually steering the employee in the right direction when minor problems occur. This simple step can avoid escalation of a situation. Remember to also give positive feedback to encourage the employee and reinforce the actions that are wanted.
- Verbal warnings, escalating to written warnings if the behavior continues.
- Temporary suspension. This disciplinary action could be used as a step to really highlight the seriousness of the situation and let the employee know that this is the final stage before termination if the behavior is not changed. This step is also often used for problems that are more serious. It’s also utilized during an investigation to determine if termination is appropriate.
- Performance improvement plans (often referred to as PIPs). With a performance improvement plan, there are clear requirements and consequences. The focus is on behavior improvement, with clear deadlines. This also serves as documentation of the situation.
- Positive discipline. Positive discipline focuses on positive outcomes desired rather than reprimands. It’s a methodology that seeks to remove the negative aspects of discipline and focus on the actions needed.
Another reason to go through these other forms of discipline – even with employees who are quite likely to be eventually terminated – is that it can show evidence that the employer did not terminate the individual without cause. It can make a clear case that the employer gave ample opportunity to improve—thus providing a clear defense should any accusations be made to the contrary. (Of course, this is assuming the discipline is fair and consistently applied and never applied as a ruse to get rid of someone for illegal or inappropriate reasons). This reduces the likelihood of wrongful discharge claims and provides a defense if these claims happen.
Another thing to remember is that discipline is an often-overlooked component of employee morale. While this may sound counter-intuitive and even wrong, remember that other employees are affected when a problem employee is not managed appropriately. When appropriate discipline is not administered, other employees can become frustrated and feel the organization is not treating everyone fairly and not enforcing the rules for everyone consistently.
What form of employee disciplinary actions does your organization utilize? Are these formal or informal? How do you ensure employees are treated fairly and consistently and not terminated without warrant?
*Note: sometimes termination is the most appropriate action, even as the first course of action, for some behaviors. Violence and theft are prime examples.
Bridget Miller is a business consultant with a specialized MBA in International Economics and Management, which provides a unique perspective on business challenges. She’s been working in the corporate world for over 15 years, with experience across multiple diverse departments including HR, sales, marketing, IT, commercial development, and training.