Progressive discipline can be divided into four steps of increasing severity. The first two steps give the employee a chance to improve their performance. They will also allow you to offer specific feedback for improvement.
1.Verbal warning
A verbal warning makes the employee aware that they did something wrong. Whether they breached a policy or participated in unwanted behavior, you should inform them exactly what behavior has led to the warning.
You should also:
- Offer the employee steps to improve their behavior
- Let them know what will happen if they don’t improve
- Document that the meeting took place and what was discussed
Suppose one of your employees breaches your Remote Work Policy by not being available during the mandated work hours. You approach them and let them know that they violated a policy.
During the conversation, you explain the policy to them, letting them know what they did wrong and how they can improve. In this case, they need to be available and working during the mandated work hours, even if they work remotely.
You also inform the employee that they will be subject to further disciplinary action (usually a written warning) if this behavior persists.
After the meeting, you document that you gave a verbal warning and what it was about. You add this information, along with the date of the warning, to the employee's file for future reference.
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2. Written warning
A written warning is a formal document that lets the employee know they might be in danger of losing their job unless their behavior improves. For employees who received a prior verbal warning, the warning letter will function as a reminder of the correct behavior and a heads-up that termination is a possibility.
When you create an Employee Warning Letter, it should include the following:
- The employee’s infraction with as much detail as possible
- The consequences of any recurrence
- Tips for future improvement
For example, imagine one of your employees doesn’t follow health and safety regulations. You have already given them a verbal warning for this behavior, informing them that more infractions will lead to a written warning.
When you discover them disregarding safety regulations again, you create an Employee Warning Letter.
The letter mentions the previous verbal warning and all the instances where the employee has ignored regulations. It also explains what they should do to follow the rules. Lastly, it warns the employee that a termination might occur if their conduct doesn’t improve.
You make two copies of the warning letter: One for the employee and the other to be kept in the employee’s file. It’s a good idea to ask the employee to sign and acknowledge the letters.
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You can use LawDepot’s free Employee Warning Letter template to create warning letters for your employees.
3. Suspension
A suspension removes the employee from the workplace, giving management time to investigate and consider the situation. Suspension is often used for more severe employee misconduct that demands investigation.
To suspend an employee, you need to give them a suspension notice that contains the following information:
- The date and details of the violation
- The details of the suspension
- The details of the investigative process
- The expected timeline of the investigation
- The potential outcomes of the investigation
Once the employee is suspended, an investigator gathers the information necessary so you can decide what happens next. The investigator can be an internal or external hire, but they should be a neutral third party not connected with the employee.
Suppose someone accuses one of your employees of discrimination and harassment. You suspend the employee and request a manager who has no relationship with the employee to investigate the claims.
The investigator first interviews the complainant and gathers evidence from surveillance cameras or digital records. They might also interview other workers who witnessed the situation.
As part of the investigation, the accused employee may submit a written explanation for their behavior. The investigator would document and store every piece of evidence or information before handing it over to you.
Once you have all the information, you can decide whether to reinstate or terminate the employee.
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4. Termination
Termination is the final and most severe step of progressive discipline. If the employee hasn’t changed or improved their behavior after multiple warnings, or they committed a very serious infraction, termination might be the only option.
Read our guide on how to fire an employee to learn more about letting staff go.
As part of the termination process, you will need to give the employee an official termination letter. This letter should contain:
- Termination date
- Reason for the termination
- Dates and details for previous warnings
- Details about pay, health benefits, and severance
Imagine one of your employees has received multiple verbal and written warnings for poor work performance. After each warning, they have shown signs of improvement before returning to old habits.
Since you have offered them multiple chances to change their behavior, you choose to terminate their employment.
You use the documentation from the previous warnings to back up your decision to let them go.
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