Disciplining an employee can be uncomfortable for everyone involved, but some types of workplace behavior are serious enough that they need to be addressed. Employee disciplinary action refers to a set of policies intended to improve employee behavior, such as a performance improvement plan (PIP) or corrective action plan.
To avoid infringing on employee rights, it’s important to apply disciplinary actions fairly and consistently with a formal discipline policy. Here’s what you need to know about disciplinary action, including what situations call for it and how to apply it.
Employee disciplinary action is your response to issues of workplace misconduct, from minor infractions to major code of conduct violations. Employee disciplinary action can range from a verbal or written reprimand to suspension and termination.
Many organizations use a progressive discipline process, in which each incident of a behavioral issue results in an increasingly serious response, but some violations may be serious enough that they call for immediate termination.
For employee performance issues that don’t involve misconduct, the best option may be a performance improvement plan, in which the employee is given a firm timeframe and milestones for addressing their behavior.
Employee disciplinary action can come in many different forms, so it’s important to apply your company policies fairly. The response to each type of employee misconduct should be outlined in your employee handbook or disciplinary action policy.
Here are some of the most common examples of disciplinary action:
Each disciplinary decision should be taken with care to avoid violating the Fair Labor Standards Act (FLSA) and other federal laws. Your HR team may need to conduct a thorough investigation of any incident to avoid the risk of legal action.
Employee disciplinary actions shouldn’t be taken lightly, but they’re an important tool for addressing issues with an employee's job performance or workplace behavior. The key is knowing which disciplinary process to apply to each type of behavior.
Here are a few common situations that require disciplinary action:
Remember, even in the most serious cases, employees still have legal protections, and disciplinary action should never be used for retaliation, intimidation, or punishment for poor performance. When in doubt, ask your human resources team for advice.
For the best outcomes, ensure that your organization’s disciplinary policy is proactive, not reactive. Having a plan in place to address an employee’s work misconduct means that individual team members don’t have to make it up as they go along.
Here are five best practices to keep in mind when creating a disciplinary policy.
Even small organizations need a company culture and a set of guidelines to abide by. Don’t rely on unwritten rules to inform your disciplinary policy. Write everything down, from your dress code to your expectations around attendance and performance.
If an employee breaks the code of conduct, you can point to the employee handbook to explain why they’re receiving a formal write-up or suspension.
Some behavioral issues arise when coworkers don’t share the same expectations or norms around racial, gender, or cultural diversity in the workplace.
Consider requiring diversity and inclusion (DEI) training for all employees, or hosting a workshop on soft skills like conflict resolution. Having a proactive anti-harassment and anti-discrimination policy can reduce unacceptable behavior in the workplace.
Employee performance and misconduct are two different things, but your performance management process should go hand-in-hand with your disciplinary policy.
Use standardized performance review templates to deliver feedback consistently, and check in with your employees on a regular basis, not just once a year.
This is a great opportunity to raise minor issues, such as tardiness, and deliver a verbal warning before they become major issues.
Your employee’s file should contain a record of every disciplinary action, from the major to the minor. Not only does this allow you to see how an employee’s performance has improved over time, it also serves as a paper trail if anything escalates.
It’s important to show that you gave the employee the same opportunity to address the issue as you would any other employee.
Even when employee disciplinary action is necessary, it can open your company up to accusations of unequal treatment or wrongful termination. For example, if an employee is on a leave of absence under the Family and Medical Leave Act (FMLA), they have certain protections against termination and reassignment.
And if an employee’s performance issues are related to a disability, they may be entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA).
When delivering a notice of disciplinary action, let employees know if they have the right to appeal the decision to your HR department.
Employee disciplinary action can be used to address a range of behavioral issues in the workplace, from dress code violations to insubordination. By having a clear disciplinary policy and code of conduct, you can avoid claims of bias and ensure that employees know what’s expected of them on the job.
Pulpstream makes it easy to handle incidents in the workplace, from disciplinary issues to workplace safety claims. Our no-code, cloud-based software enables you to create your own corrective action plans, performance review templates, and more.
By automating HR processes, you can ensure that key stakeholders are notified any time there’s an incident, and that every disciplinary action is recorded.
Contact us today to get a 30-minute demo and learn more!