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No matter how you choose to implement your disciplinary policies, maintain an objective, constructive and non-confrontational atmosphere when dealing with disciplinary issues.
You are not required to create a document when you engage in a corrective or counseling session with an employee. However, judges and juries expect employers to put employees on notice when their performance or behavior can lead to termination. The importance of documenting each corrective or counseling session cannot be overestimated. Supervisors should always make a record of verbal warnings and performance discussions, even if the discussions seem informal.
In addition, an established performance appraisal program is also important in limiting liability. Supervisors should document any noteworthy incidents about the employee’s ability or inability to perform a job. They should pay attention to and note personality traits that demonstrate a quick temper, frequent frustrations or violent reactions. If behavioral patterns or propensities that are inconsistent with job requirements continually occur, immediate disciplinary action, up to and including discharge, may be necessary.
Fully investigate and document any alleged incidents of serious misconduct. Interview potential witnesses and the accused employee and document these interviews. Advise employees that investigations should remain confidential.