One of your concerns as a Florida employer is likely how to protect yourself from legal liability when terminating employees. Although Florida is an at-will state, meaning you can terminate employees without a specific reason, you may still face legal claims from employees who believe they were unfairly terminated.
What is a progressive discipline policy?
A progressive discipline policy is a written document detailing specific steps taken when an employee violates rules or is performing poorly. It is usually used in conjunction with an employee handbook which details the employer’s rules and regulations that employees are expected to follow.
Although every employer’s progressive discipline policy will look different, the general format is often the same. A policy will often start with minor penalties for initial violations that escalate with additional violations.
For example, a progressive discipline policy may state that a verbal warning is given upon a first violation and a written warning upon a second violation. The penalties may increase from there, with third and subsequent violations receiving another written warning, being put on a performance plan or being suspended.
Termination is the final step in most progressive discipline policies. A progressive discipline policy might state that after three violations an employee may be terminated.
Benefits of a progressive discipline policy
A progressive discipline policy can help limit your legal liability. Evidence of your progressive discipline policy can show that the employee was terminated after multiple attempts at correcting their behavior, such as verbal and written warnings and opportunities for improvement.
A progressive discipline policy can also save you money. Employees who are terminated for cause, such as misconduct, are often not eligible for unemployment benefits.
Additionally, a progressive discipline policy allows you to continue working with employees to improve their performance. This is often less costly than recruiting and hiring new employees.
Finally, a progressive discipline policy helps prevent claims of discrimination because it shows consistency in disciplining employees.
If you do not have a progressive discipline policy in place and would like one, it is helpful to have guidance with implementation.