Our notoriously litigious society has made it a continuous challenge for employers to defend themselves from “sue-happy” employees. It has become far too easy for employees to sue their employers and as a result many employers are increasingly apprehensive about taking the necessary steps to address disciplinary actions.

HR managers are typically the “progressive discipline gurus” of a company, but let’s not overlook one major detail. Line managers need to be just as proficient in progressive discipline procedures since they are the key discipline agents. In essence, line managers should be viewed as an extension of HR management when dealing with disciplinary actions. There are a few fundamental elements of workplace due process that can improve the employer confidence in taking the appropriate disciplinary actions when needed.

First, in an appropriate, safe atmosphere the employee needs to be informed of what the problem is and what efforts can be taken to rectify the situation. Second, the employee needs to be given the opportunity to fix the problem within a reasonable time line. Lastly, the employee needs to be aware of the consequences if he or she does not show noticeable improvement. These disciplinary actions appear to be reasonable and logical, however, this is far easier said than done, which is why we have progressive discipline procedures.

The strategies of progressive discipline, shifts the sole responsibility for improvement away from the company and toward its employees (where it rightfully belongs). The way to do this is by meeting the employee half way to show equitable accountability for improvement.

How can employers meet employees half way? Well, for starters, there must be a progressive discipline policy in place that provides a clear systematic uniform approach to informing an employee of his or her unsatisfactory performance and/or conduct.

Progressive discipline counters the notion of at-will employment. The concept that employees may quit their jobs at anytime and employers may fire employees at anytime for any reason is a mere delusion of at-will employment even during the so-called “probationary” period. In my humble opinion, having a probationary period is a moot point since employers must still show cause for the termination if they are being sued during that time period.

Well-documented written warnings showing the employer’s intent of meeting the employee half way is the responsible way an employer can demonstrate their use of greater due process. Integrating a progressive discipline system will improve the confidence and skills of line managers to properly address situations that require disciplinary actions.

Ronnie Perez
HR Consultant
RPerez@ghrogroup.com

http://www.linkedin.com/in/ronnieperez

In keeping with the fighting spirit which seems to dominate Washington D.C. these days I would like to provide you with the latest on what I would call the Federal Government’s 1 – 2 punch.  Whether these punches will be jabs, hooks, or knock outs will all depend upon the final bills signed by the President this fall.  It will of course also vary depending upon your business, however, one thing is certain, they will cost you more.

The three areas I would like to discuss are Nationalized Healthcare, the Employee Free Choice Act and Worker’s Compensation rates and changes.  To read the rest of this article please click here gov-1-2-punch

The Employee Free Choice Act (EFCA) is pending legislation that will fundamentally change how employers deal with unions. H.R. 1409, S. 560 will make it MUCH easier for unions to organize your workforce and provide severe penalties if you commit an unfair labor practice.

In today’s labor environment, unions must secure 30% of the workforce signatures on interest cards. Once this is completed they petition the employer for recognition. The employer will usually want to hold a secret election and they have several weeks to “make their case” why the employee is better off without the union.  For the rest of this story please click here employee-free-choice-act