Workplace Disciplinary Policies Lawyers
Should an Employer Establish Disciplinary Policies in the Workplace?
There are several benefits to setting out a disciplinary policy for employees. First off, employees are aware of an expectation of how to conduct themselves in the workplace. This may help save a lot of time dealing disputes that may come up in the workplace if there is not a guideline set out for employees to follow. The second advantage is that it makes the workplace a more enjoyable and productive area. If employees know that a fellow employee who acts in a hostile and prohibited manner will not be tolerated by an employer and will disciplined in some fashion, employees will feel safer and happier about their work environment. The third advantage is that setting out disciplinary policies ahead of time helps the employer to avoid lawsuits by employees who feel they have been disciplined unfairly. If an employer does not have a policy set out, the employer may make the mistake of punishing two different employees in different ways for the same prohibited act. The employee who suffered the harsher treatment could claim discrimination by the employer and sue.
What Should an Employer Do to Avoid Liability?
There are some basic rules that every employer should follow when it comes time to discipline an employee for prohibited actions:
- Privacy - A meeting between an employer and employee to discuss discipline should be conducted quietly and discreetly to protect the employee's privacy rights.
- Communication - The employer should be open and honest with the employee by describing what the employee did that was wrong, why it was wrong, and what the consequences of such behavior will be. The employer should also allow time for the employee to tell his side of the story and defend himself.
- Put it in Written Form - The employer should write down every disciplinary meeting and action taken and put a copy of the record in the employee's personnel file.
- Check Up - If the employer demanded something of the employee such as improvement, there should be deadline set and the employer should be sure to check up on the progress of the employee
Do I Need a Lawyer for my Employee Disciplinary Policy Problem?
If you are drafting an employee disciplinary policy, an experienced employment lawyer can help you add provisions that protect you from liability. If you have been unfairly disciplined in violation of your employer's disciplinary policy, an employment attorney can help you file a claim against your employer.
Consult a Lawyer - Present Your Case Now!
Last Modified: 09-05-2012 03:21 PM PDT