The pros and cons of Progressive Discipline

Employers walk a fine line when it comes to disciplining their employees. On the one hand, employers want to give their employees the opportunity to improve performance problems. On the other, employers want to make sure that they don’t alter the “at-will” employment relationship and create problems if the employee is unable to improve. And straddling this line is the “progressive discipline” policy.

What is a progressive discipline policy?

A progressive disciplinary policy is one based on incremental levels of discipline, which usually includes: (1) oral warnings for the first infraction; (2) written warnings if the misconduct persists; and eventually (3) suspension or termination for subsequent infractions.

When and how should it be used?

Progressive discipline is typically used to correct less serious forms of performance deficiencies or misconduct – e.g., absenteeism, performance deficiencies, tardiness, abusive language, horseplay, sleeping or loafing on the job, personal use of company equipment, and other less severe forms of performance deficiencies or misconduct. Progressive discipline should not be used in instances of severe misconduct – assault, theft, falsification of work records, willful damage to property, or divulging confidential information.

Documentation is a key part of any progressive discipline policy. Supervisors should be required to document each step of the process. The employee's immediate supervisor should discuss each disciplinary step with the employee to assure that the employee understands the basis for discipline and the consequences of subsequent infractions.

What risks does a progressive discipline policy create?

While strict progressive-discipline policies encourage "fairness," many employers believe that a progressive discipline policy should be avoided, because (1) it is inconsistent with a truly "at-will" employment relationship, and (2) it creates too many litigation risks.

In essence, the employer that adopts such a policy establishes a standard for its own conduct. Consequently, any failure to observe the policy could be viewed by a judge or jury as improper.
The more detailed a policy is, the greater the risk that a mistake will be made in the course of dealing with a disciplinary problem. One approach for handling disciplinary matters is to include an at-will disclaimer at the end of the progressive discipline policy, permitting the employer to skip any step in the discipline process.

Eventually, each employer must decide for itself if the risks of a progressive discipline policy outweigh the rewards.