Managing Non-Performers —Fioernza

Progressive Discipline. With the exception of certain “summary” offenses that warrant immediate dismissal (e.g., workplace violence, theft, substance abuse on the job, etc.), creating a “record that stands up” requires a personnel file which includes successive levels of “discipline.” When reviewed as a whole, the file should lead to the conclusion that the discharge was the employer’s clear right, based not on “employment-at-will”, but rather on the basis of unacceptable employee conduct. Generally speaking, a strong personnel file will include evidence of oral and written warnings, poor evaluations, rehabilitation efforts, and possibly a suspension, prior to the discharge.