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6 Tips for Properly Documenting Employee Behavior and Performance IssuesFocus on the Behavior Not the Person.Be Careful Not to Embellish the Facts.Don't Contradict Previous Documentation.Identify the Rule or Policy Violated.Determine Consequences for Not Correcting the Problem.More items...?
Due process Due process, a legal term for procedural fairness, is implicit in the just-cause standard. A paramount obligation is to allow a worker a chance to tell his or her side of the story before the employer makes a decision to impose discipline.
Just cause is the standard that management must adhere to when disciplining or discharging an employee. It means that in union settings, the employer must have a reason to act in disciplining an employee and the reason must be just and fair.
Best Practices in Documenting Employee DisciplineHave an employee discipline form.Conduct a full and fair investigation.Get the facts.Be objective.Be clear and specific.Complete the form while the facts are fresh.Get the employee's acknowledgement.Allow the employee to explain the conduct.More items...?
A discharge is wrongful if an employee who is no longer a probationary employee is terminated without good cause. A discharge is also wrongful if it is in retaliation for the employee's refusal to violate public policy or for reporting a violation of public policy.
How to Write a Memo for an Employee's DisciplineGive sufficient notice.Specify the course of action.Maintain privacy.Use significant wording.
To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. For instance, an employee cannot be fired on the basis of her race, gender, ethnic background, religion, or disability.
You can file a complaint by calling the Montana Human Rights Bureau at 406-444-4356 or 1-800-542-0807. You have 180 days after the discrimination takes place to file a complaint with the Montana Human Rights Bureau.
Documentation Is Key. Most employers follow progressive discipline wherein an employee receives a series of warnings before termination. For example, the employee may get a verbal warning for a first offense, a written warning if the problem continues, a final written warning and, as a last step, termination.
For instance, if you jump straight to a final warning when a certain employee is an hour late to work, but let another employee come in late regularly without so much as a written warning, you're setting yourself up for trouble. We generally recommend progressive discipline.