The Three C's of Employee Discipline and Termination

Few moments are more difficult for employers than deciding to discipline, or possibly terminate, an employee. Yet how you approach those moments can define your workplace culture and help avoid exposure for discrimination.

When employers are considering disciplining or terminating an employee, the best way to stay out of trouble is follow the three C’s:

• Consistency,
• Communication, and
• Common Sense.

Consistency

Employers must remain consistent in the way they enforce company policies and workplace rules relating to employee behavior. Remaining consistent in making decisions promotes credibility while inconsistency suggests bias (i.e., discrimination) towards the impacted employee. Consistency not only avoids liability for the employer, but it elevates the credibility of those making these difficult decisions.

Communication

Before disciplining an employee, ask if the rule or policy the employee violated was actually communicated to the employee so that there was certain understanding of the expectations. After all, it’s rather unfair to discipline an employee for breaking a rule if the employee didn’t know the rule was in place. Certainly, this is not true for all instances of misconduct, but it is important for most.

Common Sense

Before disciplining or terminating an employee, the employer should step away to view the entirety of the situation as objectively as possible. Does the punishment about to be imposed “fit the crime”? Will employees in the organization see it that way? Will others see it that way if the decision is ultimately judged in a discrimination lawsuit?

While the employment discrimination laws do not condition liability for an employer on whether the decision to discipline or terminate was “fair” or not, employees that experience a job loss are often motivated by a sense of fairness. Does the employee feel he or she were treated fairly? Being mindful of these Three C’s can often influence the employee’s view.

Concerned about the legal risk associated with your business’s discipline and termination practices?

If you’re an employer in Texas facing a discipline or termination decision and want to ensure you’re following the right approach with consistency, communication, and common sense, our employment litigation team at BoyarMiller is here to help.

Contact us today for a consultation and let us guide you through a risk-aware process that protects your business.