Disciplinary Action & Terminations
Employers, Managers, and Leaders, use this article as a guide to help you counsel and/or terminate employees.
Rule of Thumb:
IF IT IS NOT DOCUMENTED, IT DID NOT HAPPEN
You ALWAYS want to document any time you speak with an employee about changes in their schedule, verbal/written warnings, pay changes, policy violations, complaints, training, retaining or more training, etc.
Utilizing emails is good practice since it is time stamped and we can search for specific topics.
Unemployment Insurance (UI) usually gives the employee the upper hand and if the company does not have thorough documentation and proof of final misconduct.
The employee is more likely to receive benefits when managers fail to keep necessary documentations of violations or misconduct
ANYONE can Apply for Unemployment Benefits:
Even if a person quits, they can still apply...and the downside is, they may still be awarded benefits if UI finds the employee decided to resign due to EMPLOYER MISCONDUCT.
Example: If there is proof that employee was treated unfairly, complaints were not followed through, not getting applicable feedback/information from managers, a promise of a raise or specific schedule that was not given, harassment that was not addressed or resolved, employee feels attacked or retaliated against, etc.
Managers must watch how they speak/respond to employees
Poor conduct such as intimidation tactics or abuse of authority towards the employee can be problematic for a company
NEVER counsel an employee in front of other same level employees
ask another manager or upper-level employee to witness any counsel with an employee especially if the two parties are of opposite sexes
VOLUNTARY RESIGNATIONS:
Employers can honor resignations early (before the date the employee intends to leave), IF it is within 2 weeks of the last date the employee agrees to work.
If you accept resignations more than 2 weeks out, the company can be held accountable for paying Unemployment because it then becomes an involuntary termination not related to employee misconduct.
NEVER encourage an employee to resign or make statements of that nature, that will go against us in an Unemployment Hearing
JOB ABANDONMENT:
Most State’s Rules allow for 3 days of No Call No Show (NCNS)
It is at the discretion of the employer to limit to 2 or 1 days.
Not returning from a suspension is also job abandonment and a voluntary resignation
SUSPENSIONS:
The key number is 3
Try not to suspend more than 3 days, employers can fall into Unemployment and EEOC territory if it is more than 3 regularly scheduled work days for the employee
Give the employee a formal letter about the suspension and the date of return
RELIGION:
Do not discriminate against religious needs.
If you hire an employee already knowing they have religious restriction, make sure to offer them a specific schedule that accommodates the person’s religious needs.
Employers may face problems if the schedule changes and will be held liable to pay unemployment benefits for loss of hours if the new schedule lacks the same accomodation for the religious needs/restrictions.
AVAILABLITY CHANGES:
If an employee has a change with their work availability, the employee must notify the employer in writing.
For Military or Medical related, have the employee contact HR to submit the appropriate documents
Below is a guide that any employer can use for disciplinary actions:
Employee write-up forms are documents that record an employee’s performance in the workplace, either to exemplify their work or for disciplinary action. The forms should be written by either the manager/supervisor to the employee or by a co-worker who wishes to report an individual for bad behavior. The forms can be submitted to the individual via email, in-person, or posted in their workspace for the official notice.
Verbal Warning - Even with verbal warnings, managers still need to document the interaction
Written Warning - Written warnings is the first disciplinary document that a manager completes and have the employee acknowledge and sign the document
Final Warning - A Final warning is the last written warning employees receive before possible termination
Termination - Inform the employee about the decisions for termination. You can inform the person in person accompanied with a letter or send the notice through certified mail or the person’s email.
*Depending on the violation, employer’s have the discretion to immediately terminate employees without verbal or written warnings.
Examples of Immediate Termination
the company has proof that an employee has damaged or vandalized company property
payroll theft
substance abuse
falsifying documents
damaging the company’s relationship with clients and/or vendors
For General Disciplinary Templates: SEE HERE for Documents Download
Download Includes: Counseling Form, Warning Form, Disciplinary Action Form, Reprimand Form, Complaint Form, and Termination Letter
FOR EMPLOYEES: See HERE for an Unemployment Guide
