Discipline may be appropriate and necessary for
some continuing or serious performance or work-related
problems. Discipline is often considered a form of "punishment,"
but that need not be the case. While discipline can
have negative consequences and must warn about possible
future consequences, it can be a powerful motivator
for positive change. The employer's discipline policy
should be uniformly applied.
Disciplinary step— e.g., a
caution notice, a strict warning, or immediate termination—might
be taken by the employer under the following circumstances:
 |
Unsatisfactory
job performance |
|
Misuse or abuse of work time
|
|
Misuse or abuse of workplace
property |
|
Unfit for work |
|
Use of profane or abusive language
|
|
Absenteeism or tardiness |
|
Sexual or race related harassment |
|
Insubordination - direct refusal
to obey a supervisory directive |
|
Creating a disturbance |
|
Threatening or intimidating
others, physical confrontation |
|
Theft or misappropriation of
office property |
|
Unethical conduct |
|
Gross neglect of duty |
|
Sleeping while on duty |
|
Violation of the Drug-Free
Workplace/Substance Abuse Prevention Policy |
|
Refusal to cooperate or provide
requested information during an investigation |
|
Falsification of reason for
leave |
|
Fraud or deception in securing
employment |
If a problem develops, employers generally issue
a first warning notice to the employee. Further action
can include a two-week probationary period, or suspension.
A third warning often results in termination of employment,
but it depends upon the policy of the employer. The
employment may be terminated at any time (as most
companies follow the “employment at will”
doctrine), regardless of prior warnings.
However, employees cannot be disciplined
for whistle-blowing on their employer’s illegal
conducts, as part of a discrimination practice or
as retaliation for asking for compensation. Depending
upon the federal and state law, employees have a right
to file a charge with a government agency, sue the
employer, or both.
