• Tuesday, March 30th, 2010

HR Insights from Barbara FreetHuman Resources: Employee Discipline

Human resources advisor Barbara Freet answers the following question: "Is there some legal reason why I should discipline a wayward employee and not just fire them?"

"State and federal law puts the burden of proof on the employer," she replies. "Both kinds of laws assume either implicitly or explicitly that you have done three things. The first is made clear your expectations and you can do that in a variety of ways, preferably in writing and inform the employee when the expectations are not being met so that they can have a chance to either explain their side of the story or improve.

"So how will you prove that you have done these things if you terminate without an intermediate step? How will you prove that you didn't act with illegal motives? People are usually quite surprised when they get sued because they think that things are so crystal clear."

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One Response

  1. Well done! Barbara is the best.

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