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Document each stage of progressive discipline

Skipping disciplinary step? Document why

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in Centerpiece,Firing,Human Resources

Employers that have a progressive discipline process, in which discharge can only happen after counseling and a series of warnings have occurred, have an advantage if a terminated employee sues them for discrimination.

Those cases often hinge on showing that other employees who broke the same rule weren’t punished, and then arguing that the disparity proves bias against whatever protected characteristic the fired employee has. That’s hard to do if the other employees weren’t at the same step in the disciplinary process.

Recent case: Todd worked for a medical facility that used progressive discipline. He had several disabilities, including obsessive compulsive disorder, bipolar disorder and attention deficit disorder.

The employer’s discipline system calls for a verbal warning, a written warning, a suspension and finally termination for the fourth offense. The facility also has strict rules against disclosing any p...(register to read more)

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