Although 49 out of 50 states maintain an at-will employment policy, every business owner knows that firing an employee is never simple. In theory, at-will policies allow an employment relationship to be ended at any time and for any reason, but there are many exceptions that can limit an employer’s ability to discharge staff. Even if a business acts within legal boundaries, it may be faced with litigation that can be expensive and time-consuming. What is the most effective form of discipline in the workplace that can improve employee performance and minimize legal liabilities?
Positive Reinforcement
If you’re dealing with an employee who exhibits problem behaviors, one of the first things you can do is utilize positive reinforcement. If the employee in question is regularly late for work, for example, you should make an effort to highlight their success when they are on time. You may even take steps to incentivize punctuality by offering a raffle for perfect attendance or other prizes. Positive reinforcement should always be the first course of action for minor problem behaviors, but more serious problems may warrant more serious interventions.
Performance Intervention
If positive reinforcement does not work, or if you are dealing with a more egregious offense, you may need to conduct a performance intervention. A performance intervention can take many forms, but most often, it involves a documented discussion with the employee and a detailed account of their problematic actions. It’s best for this discussion to take place in a supportive context. Rather than accusing or attacking the employee, you should get to the root of the problem and offer resources to help them improve their performance.
Progressive Discipline
Progressive discipline is another great strategy you can utilize to help your employees meet expectations. What are the five steps in progressive discipline plans? Progressive discipline typically starts with a verbal warning which may then escalate to a written warning. If these measures are unsuccessful, an employee may be placed on probation. Problems that still persist would be met with unpaid leave and ultimately termination. Progressive discipline is considered the safest way to implement discipline while minimizing legal risk. EPLI coverage can further protect employers from the costs of litigation.
Documentation of Problems
EPLI is one of the best resources a business has in the fight against employment litigation, but documentation can help prevent litigation from emerging in the first place. One of the most essential aspects of controlling liability is documenting any problems associated with an employee’s performance. This documentation should begin with any verbal warnings that a staff member receives, and it should be thorough in its description of the problem behavior, the negative impact of this behavior, and the steps taken to resolve the problem.
About Haughn & Associates
Founded by Michael Haughn in 1986, Haughn & Associates is a full-service, family-owned, independent insurance agency based out of Dublin, Ohio. H&A strives to provide the best possible price and unique insurance solutions across a myriad of industries, including construction, IT, Habitation & Commercial Property, Agriculture, and Engineering. Devoted to providing the best of business insurance, life and disability insurance, personal insurance, employee benefits, and bonds, H&A is proof that success lies in long-standing client relations and satisfaction. To learn more about how H&A can be of service to you, contact us at (877) 802-2278.
