Is it legal to write a disciplinary notice without developing a plan of action & time frame for improvement?

I would like to know if a disciplinary notice should include a plan or course of action with the objective to develop a mutually agreed upon plan of action to resolve a determined performance issue with the employee. Also, I would like to know if the disciplinary notice requires to have a time frame for improvement? If a time frame and course of action are not required, what is the purpose of the disciplinary action, constructive dismissal, or a proof for termination?

michr

"Is it legal to write a disciplinary notice without developing a plan of action & time frame for improvement?"
YES

in the US there are no laws in regard to how disciplinary action is handled unless a contract or collective bargaining agreement specificially addresses the issue.

LA Boston Gal gives an excellent narrative on how the system should work but disciplinary action, counseling and progressive discipline are a matter of policy not of law.

LA Boston Gal

Depends on the company work performance policy and the labor contract (if there is one). Also depends if the discipline is for a code violation or performance issue.

Normally disciplinary action for true performance issues require a few things:
1. Documentation that performance expectations were explained to the employee and that the employee accepted/acknowledged understanding of these expectations.

2. The first time an employee fails to meet objectives, a documented conversation between supervisor & employee is required to identify the specific behaviors the employee did not do - which led to the missed objectives. Then yes you are correct a development plan should be established to show good faith that the supervisor attempted to provide training/tools/skills to help the employee improve. Depending on the behavioral improvement the follow up can range between 14 days and 30 days.

Again this is all contingent upon your business policy. If you are the owner of the business then you don't have to do any type of development plan.

Check with your Human Resources business partner to ensure you're aligned with your company legal obligations. Disciplinary action is meant to help hold the employee accountable for changing their workperformance behavior. Good managers can usually turn around poor performance within 30 days.

Judy

It is good practice to do as you suggest, including a timeframe for review and for improvement, but it isn't legally required. If you are in the US anywhere other than Montana, you are employed under employment at well which means they can fire you for any reason or for no reason, as long as they don't fire you because you are a member of some protected class (things like gender, race, age over 40).

Companies don't WANT to fire people. If there is a performance issue, they'd rather that the employee shape up.

Unless there is a contract that says otherwise, a warning system isn't legally required although many companies do it as a matter of policy.

leysarob

That's a company policy, not an issue that is mandated by employment law.

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