Disciplinary Notices in North Dakota
Posted by Tamara
When a North Dakota employee needs to be disciplined, a written warning often has more impact than a verbal one. The written warning also serves as proof for the employer that the problem was discussed.
There is no federal or state law that regulates disciplinary warnings, so Human Resources professionals devised a progressive discipline procedure. This program has become common practice among most companies and franchises.
The progressive disciplinary system usually consists of one verbal warning, followed by up to three written warnings. Each instance is discussed with the worker, and the worker is asked to sign the warning. Employees sometimes think that signing the warning is an admission of guilt, and that if they don’t sign, the warning doesn’t count. These workers are mistaken. Signing only indicates that the employee received the warning and has been reminded of company policies.
When an employer discusses a discipline problem with a worker, it is wise to have another manager or supervisor present. This serves to protect the employer and the employee from a “he said, she said” situation. After the problem has been discussed, the employer should ask the worker to sign the form. If he or she refuses, the employer should note the refusal in the worker’s file. For example, “On (date), talked with employee, employee refused to sign.” The employer and the other supervisor should both sign the form.
This procedure provides the employer with a witness to the discussion.
When discussing disciplinary problems with a worker, the atmosphere should be non-threatening. The point is to advise the worker of a performance or behavior problem, and to give them a chance to correct the situation. A critical part of this discussion must be the consequences of the worker’s actions. Many companies have established a policy where if an employee receives three written warnings for the same problem within a certain time frame, the employee can be terminated.
Employers must apply the disciplinary system fairly to all employees. Allowing one worker or a group of workers to break policy without reprimand is favoritism and could open the employer to legal consequences.
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