Disciplinary Notices in New Hampshire
Posted by Tamara
The majority of employers utilize a disciplinary system that includes issuing “warnings” to the employee that he or she needs to makes adjustments in their behavior or performance. The system is often a progressive program, which includes one verbal warning, followed by warnings in writing.
The system has two advantages. One, it allows the employee to understand exactly what is expected, and how to make changes in his or her performance. Two, it provides evidence for the employer in case the employee must be terminated.
For example, many businesses have a policy that if an employee receives three written warnings for the same infraction within a designated time period, the worker will be terminated. If the employee contests the termination, the company has the written proof that the worker was repeatedly advised of the problem and of the possible consequences.
There is no state or federal law which covers written disciplinary warnings for employees. The progressive disciplinary system was devised by Human Resources professionals, and is common practice for the majority of the country’s employers.
When utilizing the system of disciplinary warnings, it is common practice to have the employee sign the warning. Workers often think that if they don’t sign, the warning doesn’t count. That is completely incorrect. Signing the warning is not an admission of guilt; it is merely an indication that the situation has been discussed with the employee.
When discussing a problem with the employee, an employer should always have another manager or supervisor present. This prevents a “he said, she said” scenario for the employer and for the employee. If the worker refuses to sign after the problem and consequences have been discussed, the supervisor should make a written note of the fact. For example, “Talked with employee on (date), worker refused to sign.” The additional supervisor or manager should sign the form, too.
As with all procedures in the workplace, the disciplinary system should be applied fairly to all employees. Showing favoritism to one worker or to one group of workers can open the employer to charges of discrimination against other workers.
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