Disciplinary Action: Best Practices for Employers
- hireeasenow
- Apr 6
- 3 min read
Understanding Disciplinary Action in the Workplace
Disciplinary action is a structured approach that employers use to address employee misconduct, performance issues, or policy violations. Implementing a fair and consistent disciplinary process is essential to maintaining a productive workplace, minimizing legal risks, and ensuring compliance with employment laws.
While employers typically use progressive discipline to support a termination for cause, employers must be aware that terminating for cause is typically an uphill battle for employers to establish.
Employers must demonstrate that the misconduct makes continued employment untenable, not just undesirable. Courts have held that misconduct must severely undermine the employment relationship. Anything less will not be cause for termination, and the employer may face liability for otherwise terminating for cause. See the case examples below where the court found the employer failed to establish cause, despite the employee’s misconduct.
An isolated incident of serious misconduct, such as theft, violence, harassment, or a severe breach of company policy, may justify termination for cause. The misconduct must fundamentally breach the trust required in the employment relationship. For less severe infractions, a pattern of repeated behavior, despite warnings and opportunities for improvement, is typically required to establish cause. Examples of less serious infractions include tardiness, minor policy violations, or ongoing performance issues.
To successfully establish cause for misconduct, employers should:
Document Thoroughly: Record each incident with dates, details, and consequences using the HireEase Disciplinary Action Form.
Provide Warnings: Issue clear and formal warnings for behavior that doesn't meet expectations. Use progressive discipline unless the conduct is egregious enough to warrant immediate termination.
Offer Opportunities to Improve: Allow the employee to correct the behavior where reasonable.
Be Consistent: Apply policies and discipline uniformly across all employees.
Follow Fair Procedures: Investigate incidents fairly and provide the employee with an opportunity to explain.
Key Steps in a Disciplinary Process
Investigation – Before taking disciplinary action, employers should conduct a thorough and impartial investigation to gather facts and assess whether the employee has violated company policies or performance expectations.
Verbal Warning – For minor infractions, a verbal warning may suffice. This should be documented and communicated clearly to the employee, outlining expectations for improvement.
Written Warning – If the issue persists, a formal written warning should be issued. This document should specify the misconduct, expected improvements, and potential consequences if the issue continues.
Performance Improvement Plan (PIP) – In cases of ongoing performance issues, a PIP can help employees meet job expectations by setting clear goals, timelines, and support mechanisms.
Suspension or Final Warning – If prior warnings or interventions fail, employers may impose a suspension or final written warning, signaling that termination could follow if no improvement occurs. It is important to note that employers cannot place an employee on an unpaid suspension without a provision in their employment contract allowing the employer to take such action.
Termination – If misconduct or performance issues persist despite prior corrective actions, termination may be necessary. Employers must ensure that the termination is conducted in good faith, follows company policies, and complies with employment laws.
Conclusion
A well-structured disciplinary action process ensures that employers handle workplace issues fairly, legally, and effectively. By following best practices, maintaining clear documentation, and applying discipline consistently, employers can foster a positive workplace culture while minimizing legal risks. For guidance on developing workplace policies, consult the HireEase HR Guidebook.
For more information on HR best practices, download the HireEase HR Essentials Guidebook today.
To download your Template Disciplinary Action Form, visit https://www.hireease.ca/ to ensure your business is protected today.
Comments