Employee Discipline: Federal

Summary

This guide emphasizes the importance of using employee discipline to foster positive outcomes, while warning against risks associated with inadequate discipline, such as low morale and increased liability. It discusses the need to implement clear, uniformly applied policies; explore alternatives to discipline; and handle whistleblower situations with caution. Additionally, it highlights the necessity for clear communication of conduct expectations.

In this guide, learn about:

• Treat Employee Discipline as an Opportunity
• Investigating Employee Behavior
  • Investigative Process
  • Employer Searches and Employee Privacy
  • Recordkeeping
• Resolving Disciplinary Issues Informally
• Alternatives to Discipline
  • Leniency or Amnesty Plans
  • Additional Training Opportunities
  • Counseling
  • Accommodations and Alternate Work Arrangements
  • Referrals to Employee Assistance Program (EAP)
• The Process of Discipline
  • Establishing Rules of Conduct
  • Compliance With the National Labor Relations Act
  • Establishing Discipline Policies
  • Communicating Expectations for Workplace Conduct
  • Expectations for Conduct Outside of Work
  • Disciplining Employees With Criminal Histories or Pending Proceedings
  • Disciplining Employees in Garnishment or Bankruptcy Proceedings
  • Lawful Behaviors Outside of Work
  • Progressive Discipline
  • Procedures
  • Documentation
  • Types of Discipline
  • The Performance Improvement Plan (PIP)
  • Conducting the Disciplinary Meeting
• Exceptions to Progressive Discipline
• Discipline of Probationary Employees
• Discipline of Employees in Protected Classes
• Disciplining Employees Who Have Engaged in Protected Activities
• Discipline Considerations
  • Defamation Avoidance
  • False Imprisonment
  • Computer Fraud and Abuse Act
• Specific Discipline Situations
  • Attendance
  • Workplace Theft
  • Whistleblower Protections
  • Handling the Internal Complaint
  • Handling External Investigations and Litigation
  • OSHA Enforcement of Statutes
  • Federal Whistleblower Laws Not Enforced by OSHA
  • Potential Penalties
• Future Developments

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