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Progressive Discipline and Effective Terminations

Employees don’t always improve their performance or behavior, even when companies use progressive discipline.

Employees don’t always improve their performance or behavior, even when companies use progressive discipline. If the same issues persist after the first three steps, moving forward and terminating the employee is necessary. Unlike other steps in the progressive discipline model, the termination process has many complex details to coordinate. If you’re leading this step, you’ll want to make it as smooth as possible. Remember, you can always terminate an employee later, but you can’t take it back once you’ve taken action to terminate. As an HR professional, it’s your responsibility to protect the company from legal action to the best of your ability.

In this course, we’ll discuss how to avoid claims of wrongful termination and how we can implement and support progressive discipline within the workplace, starting with some common mistakes you may want to avoid. Let us help you learn how to document everything, be consistent with the process, and stay aware of the most common mistakes that lead to wrongful termination.

Learning Objectives:

  • Understand mistakes that are commonly made when practicing progressive discipline
  • Discover termination and post-termination best practices
  • Learn how to avoid litigation

Author: Annette Hooker

Duration: 10m · 4 lessons
Language: English

Skills you’ll gain

De-escalation TechniquesDisciplinary ProceduresDisciplinary CounselingPositive Discipline

What You'll Learn

  • Identify common mistakes to avoid when practicing progressive discipline
  • Apply termination and post-termination best practices
  • Recognize how to avoid claims of wrongful termination and litigation
  • Document the disciplinary and termination process thoroughly
  • Maintain consistency throughout the progressive discipline process

Key Takeaways

  • When the same performance or behavior issues persist after the first three steps of progressive discipline, terminating the employee becomes necessary.
  • The termination process has many complex details to coordinate, unlike other steps in the progressive discipline model.
  • An employee can always be terminated later, but the action cannot be reversed once taken.
  • As an HR professional, it is your responsibility to protect the company from legal action to the best of your ability.
  • Documenting everything, being consistent with the process, and staying aware of common mistakes help prevent wrongful termination.

Frequently Asked Questions

Who is this course for?

It is aimed at HR professionals, whose responsibility is to protect the company from legal action to the best of their ability, and those leading the termination step of progressive discipline.

What does this course cover?

It covers how to avoid claims of wrongful termination and how to implement and support progressive discipline in the workplace, including common mistakes to avoid, termination and post-termination practices, and avoiding litigation and other problems.

What skills will I gain from this course?

The course develops skills in de-escalation techniques, disciplinary procedures, disciplinary counseling, and positive discipline.

What are the learning objectives?

To understand mistakes commonly made when practicing progressive discipline, discover termination and post-termination best practices, and learn how to avoid litigation.

How is the course structured?

It includes lessons on Common Mistakes to Avoid, Termination and Post-termination Practices, and Avoiding Litigation and Other Problems, followed by a Test Your Knowledge section.

Transcript

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Let's discuss how we can implement and support progressive discipline within the workplace. We'll start with some common mistakes you may want to avoid. The first and most impactful mistake is a lack of a written and formal progressive discipline policy. This happens when organizations confuse policies for traditions or common practices. This approach isn't appropriate for HR policies, especially progressive discipline. The purpose of a progressive discipline policy is to outline what employees can expect from an organization and what the company expects from employees. It's supposed to be applied consistently throughout the entire organization for all levels of employees. Not having the policy in writing can lead to misunderstandings and unfair or discriminatory application of the policy. In other words, it's crucial to have a well written and formal policy so leaders can implement it the right way. Use basic language rather than sophisticated wording jargon or acronyms that aren't widely known. Try checking the policy for spelling and grammatical errors. For organizations with employees whose native language isn't English, consider translating policies to ensure that all employees can easily understand them. At times, managers get emotional when facing an employee's issues with performance or behavior. Unchecked anger and disappointment can tempt managers to personally attack the employee. For example, a manager may decide on an inappropriate punishment that doesn't match the offense. The manager could lose their temper during a meeting. These kinds of events lead to employment claims and litigation. Even when they don't, it's still unprofessional. Other times, managers may personally like an employee, which can tempt them to bend the rules. For example, a manager may feel like they're friends with an employee, so they could decide not to document the issue. This doesn't follow progressive discipline, and it might not correct the issue at all. This kind of favoritism is also unfair to other employees, meaning it's discriminatory. To prevent this problem, companies train managers about their responsibilities in the supervisor employee relationship. HR holds managers accountable for fair practices. HR professionals also review employee complaints. Managers and employees likely sign the policy an acknowledgment and give a copy to both the individual and HR. Without a signature, an employee or manager could claim that they weren't aware of the disciplinary policy. If anyone refuses to sign the document, HR can write employee refuse to sign and then initial the statement with the date. This would record that the individual did see the document. HR could copy the finalized documents for the employee's file and the employee's personal records. Not giving the employee a copy could be a liability, since that wouldn't allow the employee to keep their own documentation. Once the clear and well written documentation is on file with HR, each person can be held accountable to following the progressive discipline process.

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