Good suggestions here from HR Matters E-Tips. (Go here to subscribe to this e-newsletter)
“Many managers put off or avoid dealing with problem employees because of fears that disciplinary action could spark a legal claim against the employer. These concerns arise mainly from publicity surrounding bungled disciplinary actions.”
Article continues with brief discussions of disciplinary concerns related to: discrimination; retaliation; employer disciplinary policies as having contractual status under some states’ laws; and improper pay docking as a disciplinary measure, which may alter overtime-exempt status of salaried emplyees.
Bottom line: discipline and termination are indeed risky business. But nothing is gained by putting off the inevitable. Don’t find yourself faced with the question (following a much-delayed termination): “if she was so terrible, why didn’t you fire her years earlier?” Discipline should leave employees with clear choices: improve or leave. It’s not about making a paper trail for a pre-ordained decision to fire. It’s about establishing clear expectations, and letting employees step up to the plate or move on.
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