Free Progressive Discipline Policy

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Progressive Discipline Policy

Process for Appeals


Process for Appeals



Frequently Asked Questions
Should I add an appeal process to my Progressive Discipline Policy?Including an appeal process in your Progressive Discipline Policy is helpful in fostering a workplace that promotes transparency and fairness.

An appeal process:
  • Establishes a clear and comprehensive review procedure that applies to all employees;
  • Provides disciplined employees with an opportunity to be heard;
  • Reduces the chance of legal disputes arising from misunderstandings or biases; and
  • Ensures employees that disciplinary decisions will be reviewed and corrected if needed.


Your Progressive Discipline Policy

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_________________________

PROGRESSIVE DISCIPLINE POLICY

Effective as of ______________________

_________________________ (the "Employer") is committed to fostering a productive and safe working environment where Employees are professional and respectful of the Employer’s policies, the management, and their colleagues. The primary objectives of this Progressive Discipline Policy (the “Policy") are to correct Employee misconduct or poor performance, prevent recurrence, and impose consistent and appropriate disciplinary actions, including stricter sanctions for persistent or severe unacceptable behavior. The Employer will address Employee misconduct and poor performance in a constructive, fair, and timely manner using the disciplinary actions outlined in this Policy.

The Employer reserves the right to amend or modify this Policy in the future. Any changes to the Policy will be communicated to Employees in a timely manner.

Covered Employees

This Policy applies to all employees (each an "Employee" and collectively the "Employees").

Disciplinary Process

The discipline levels in this Policy are progressive, with the goal of providing Employees with ample opportunities to correct their behavior or improve their performance before the Employer takes any severe disciplinary action.

The Employer will consider the type, severity, and frequency of the violation, and the Employee’s disciplinary record when determining the appropriate disciplinary action for an Employee.

The levels of discipline are as follows:

Step 1: Verbal Warning

A verbal warning is given to an Employee who commits a minor violation. Generally, an Employee’s first infraction only warrants a verbal warning.

An Employee’s immediate supervisor typically issues a verbal warning. Verbal warnings should be issued privately. A verbal warning must inform the Employee of what they have done and the actions the Employee must take to improve their performance or correct their behavior.The immediate supervisor must also inform the Employee of the consequences should the Employee fail to address the issue by a certain date.

The immediate supervisor must document the relevant details of the verbal warning after talking to the Employee, such as the name of the Employee, the name of the immediate supervisor, the date, time, and reason for the warning, and any other persons present during the discussion. The report must detail the plan the Employee and their supervisor agreed upon to improve the Employee's performance or correct their behavior.

The immediate supervisor must submit their report to the Human Resources Department, and it will be added to the Employee's personnel file.

Step 2: Written Warning

A written warning is a formal document issued to an Employee who commits a more serious violation or fails to improve their performance after receiving a verbal warning.

A written warning must include the following information: the name of the Employee, the reason for disciplinary action, the deadline and expectations for improvement, and the consequences if the misconduct or poor performance persists. If the Employee has received previous warnings, verbal or written, this fact and relevant details about the previous warnings must also be included in the written warning.

There must be at least two copies of the written warning. The Employee must acknowledge receipt of the written warning by signing both copies. The Employee will keep a copy, and the Human Resources Department will keep the other copy. The written warning will be added to the Employee’s personnel file.

The Employee has the option to submit a written explanation for their performance or behavior. The Employee’s explanation will also be added to the Employee’s personnel file.

There is no required number of written warnings before the Employer can proceed to the next discipline level.

Step 3: Suspension

The Employer may suspend an Employee who is alleged to have committed a severe violation, such as bullying or harassment, while the Employer investigates the matter.

Generally, the Employer will suspend the Employee if the Employer believes the Employee poses a serious imminent threat to the life or property of the Employer or other Employees.

A suspended Employee cannot come to work or participate in work-related activities during the suspension. The length of suspension depends on several factors such as, but not limited to, the nature and seriousness of the violation, the Employee’s disciplinary history, and any other persons involved. The suspension may be with or without pay, but it cannot be taken with vacation, sick leave, or other paid or unpaid time off.

The Employer must inform the Employee of the suspension by providing them with a notice of suspension. The notice must include the following details: the date and the details of the violation, the details of the suspension, and the investigative process, including the Employee’s right to respond, the expected timeline of the investigation, and potential outcomes of the investigation (e.g. the Employee reports back to work or gets dismissed).

The suspended Employee has the option to provide a written explanation for their performance or behavior, which will be included in the investigation and added to their personnel file.

Step 4: Termination of Employment

The Employer may dismiss an Employee who has repeatedly committed severe misconduct or failed to improve their performance or behavior despite receiving numerous warnings. Generally, terminating an Employee is the last resort, and the Employer will only take this action when all other disciplinary measures have been exhausted.

The Employer must document the Employee’s termination and include details such as, but not limited to, the reason for dismissing the Employee, previous disciplinary actions taken to correct their misconduct or improve their performance, the Employee’s last day of employment, and any applicable severance compensation and benefits they are entitled to receive.

The Employer has the discretion to skip or repeat any steps in this Policy if warranted by the circumstances.

Grounds for Disciplinary Action

The following behaviors will be subject to disciplinary action:

  • Habitual or unreasonable absenteeism or tardiness;
  • Insubordination or refusal to comply with directions or requests from a supervisor, manager, or other individual that the Employee reports to;
  • Failure to perform duties or tasks satisfactorily over a period of time without good reason;
  • Engaging in discriminatory acts or harassment in the workplace;
  • Endangering self or others by breaching health and safety regulations; and
  • Violating company policies, procedures, standards or expectations.

Grounds for Immediate Termination

The Employer reserves the right to skip any progressive disciplinary steps listed above and immediately terminate an Employee's employment for certain egregious conduct, including but not limited to physical violence or threats against the Employer and other Employees, theft or destruction of company property, falsification of records, and intoxication or use of illegal drugs while working.  

Miscellaneous

  1. Employment-At-Will

    The Employees have at-will employment, which means the Employer or the Employees may end the their employment at any time without notice or cause, as long as the reason for the termination is not illegal.

    This Policy does not constitute as a waiver of the employment-at-will doctrine.

Inquiries

If you have any questions about the Policy, please contact _______________________________________, __________________________.


ACKNOWLEDGMENT AND ACCEPTANCE FORM

(Human Resources Department Copy)

I acknowledge that I received a copy of _________________________'s Progressive Discipline Policy and that I understand I am fully responsible for reading the contents of _________________________'s Progressive Discipline Policy.

I understand that by signing this Acknowledgement and Acceptance Form, I am agreeing to follow _________________________'s Progressive Discipline Policy.


__________________________________
Employee's Signature


______________________
Date


__________________________________
Employer's Signature


______________________
Date


ACKNOWLEDGMENT AND ACCEPTANCE FORM

(Employee Copy)

I acknowledge that I received a copy of _________________________'s Progressive Discipline Policy and that I understand I am fully responsible for reading the contents of _________________________'s Progressive Discipline Policy.

I understand that by signing this Acknowledgement and Acceptance Form, I am agreeing to follow _________________________'s Progressive Discipline Policy.

Please sign, date, and retain this second copy of the Acknowledgment and Acceptance Form for your reference.


__________________________________
Employee's Signature


______________________
Date


__________________________________
Employer's Signature


______________________
Date

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