Few areas of the law have had a greater impact on business in the last twenty years than the proliferation of employment legislation. More than ever, it is imperative that employers develop and maintain good employment policies and practices. With that in mind, we have decided to make this column a regular feature of the Transportation Advisor in an effort to provide our readers with some practical advice on legal issues commonly faced by employers. Future articles will include "how to" features on employee handbooks, employee personal files, performance evaluations and related topics. In this issue, we kick off the new column with an excellent checklist provided by Hal Clements, Chair of Miller & Martin’s Labor & Employment Department, dealing with an uncomfortable subject faced by all employers: how to discipline an employee.
While employee discipline is an uncomfortable subject for many managers, it is an area that must be approached in a serious and consistent manner. Only two elements should be considered in deciding whether to discipline an employee: performance and conduct. Both factors should be documented in the employee’s personnel file. Good documentation is key to defending an employment lawsuit. When documenting an employee’s performance and conduct, keep these key points in mind:
- Document all performance and conduct counseling of employees. Make sure that document finds its way to the personnel file.
- Document facts -- not conclusions or assumptions.
- Always document the employee’s response to counseling.
- Prepare for employee counseling before meeting with the employee. Review the employee’s record in detail prior to counseling.
- Document the standard that the employee is expected to meet. The standard should be clearly stated.
- Do all counseling in a private setting. When the discipline is going to be a suspension, a final warning, or termination itself, there should be another management person present besides the employee’s immediate supervisor.
- Make counseling a two-way process. Record the employee’s commentary.
- Set a goal that the employee is expected to meet (standard) and a time frame. Then follow that up with a review date.
- Documentation of these events should occur within 24 hours of the offense so that it becomes a contemporaneous business record.
- Lastly, do not ever counsel an employee when you are angry. This is the golden rule of discipline.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
