Give Your Managers an Edge on Discipline and Termination

03/05/07

Discipline and termination are two of the most misunderstood but necessary actions in the employer/employee relationship. On the one hand, some managers and supervisors are reluctant to initiate any negative actions against employees because of possible legal consequences. On the other, some employers mistakenly believe that “at-will” employment gives them the right to terminate any individual for any reason. What’s needed is a clear understanding of how the laws apply and what employers can do when employees break the rules or fall below performance standards.

Confronting employee problems as they arise, documenting the issues properly, and taking appropriate disciplinary action are skill-sets that all management personnel need to have. These skill-sets should be based on company policy, best practices and legal guidelines that are familiar to all of your managers and supervisors. HR can play an important role in making sure they are.

For example, you can train your supervisors and managers on the basics of progressive discipline. Each level of the process becomes progressively stronger in urging an employee to modify certain behavior. The first level is employee counseling, followed by a series of written warnings — the last of which may result in a suspension.

It’s time to part company
If all else fails, termination of the employee may be appropriate. A voluntary termination occurs when an employee submits a notice that he or she has agreed to leave the company on a certain date (such as two weeks into the future). If you decide that the employee should leave the premises immediately, convey that in a tactful but firm manner. An involuntary termination is one in which the employee is dismissed for cause (such as a physical altercation or theft), unacceptable job performance or layoff.

If the state in which your company operates requests information about a termination, respond in a timely manner. Otherwise, unemployment compensation may be awarded to a former employee who otherwise wouldn’t qualify. And remember, even with an “at-will” work arrangement in which employment may be terminated by either employer or employee at any time for any reason, an employee cannot be terminated solely because of race, religion or gender.