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Q: We have received conflicting advice about having a progressive disciplinary policy. We have had one in the past, but got into trouble when a step was skipped when there was a severe infraction.

A: We continue to recommend that organizations have a disciplinary policy, but urge care and caution when writing one and when implementing it. First, we recommend that it not be termed "progressive", but instead call it a corrective action policy. "Progressive" implies that you will always be progressive in the action you take. We strongly recommend a good disclaimer. This one has been successful in several court cases:

"It is not always necessary that the corrective action process commence with verbal counseling or include every step. The above options are not to be seen as a process in which one step always follows another. Some acts, particularly those that are intentional or serious, warrant more severe action on the first or subsequent offense. Consideration will be given to the seriousness of the offense, the intent and the action of the individual, and the environment in which the offense took place. Management has the right to use any of the corrective steps it feels, in its own judgment, properly respond to the situation."


New posters required for 2010 revised FMLA & ADAAA


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