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Do’s and Don’ts of Disciplinary Action

As you approach the necessity of engaging in a challenging conversation with an employee, it becomes crucial to adhere to certain key principles to ensure the success of the discussion. Here are some guidelines:

Do’s:

  1. Document, document, document!
    • Maintain a written record, whether in a notebook, Word/Excel document, or emails, outlining the issues for discussion with the employee.
    • After a conversation, follow up with an email summarizing the discussion and emphasizing the need for behavioral change.
    • Ensure that your conversation is not the first time the employee hears about the issue, avoiding surprises.
  2. Keep emotions out of it.
    • Stick to facts when addressing growing frustrations or errors, such as stating specific dates and incidents when discussing concerns about attendance.
  3. Use the employee handbook as your guide.
    • Reference the relevant policy or violation in the handbook, quoting directly to strengthen your disciplinary action.
  4. Specify a time frame for correction.
    • Clearly state the period for the employee to rectify actions or behavior in the disciplinary action.
    • Allow sufficient time for correction, especially if it's the first serious conversation about the matter.
  5. Involve Human Resources.
    • Collaborate with HR during the process to ensure a comprehensive review and protection of the company's interests.
  6. Have at least two people present.
    • Include representatives from management and/or HR during the conversation to prevent potential disputes later on.
  7. Provide an opportunity for the employee to respond.
    • Allow the employee to express their perspective on the disciplinary action and ensure the form is signed by all present.

Don’ts:

  1. Discuss the matter with unrelated parties.
    • Handle the disciplinary matter on a "need-to-know" basis, avoiding unnecessary discussion with managers or employees not involved.
  2. Leave the disciplinary action ongoing indefinitely.
    • Follow up with the employee on the specified date in the disciplinary action, offering feedback and deciding on the appropriate course of action.
  3. Change your treatment of the employee.
    • Use the opportunity to assist the employee in their success, avoiding adverse treatment that could be perceived as retaliation or an attempt to terminate employment, especially if the employee is in a protected class.