C. Progressive Discipline Guidelines

Follow precisely your company's progressive discipline guidelines. Some supervisors are reluctant to follow progressive discipline when dealing with inadequate performance by salespeople or higher level personnel, but management must insist on even-handed application of the rules. Employers must meet with employees early, discuss their performance problems frankly, and set written goals or objectives, which are acknowledged and signed by both. Doing so will help defend against termination litigation.

Counsel Comment #125: Avoid firing individuals, especially, longtime employees, without following progressive discipline unless the employee is such a disruptive element or menace that it is imperative to fire suddenly.

TIP: Most lawsuits are commenced by angry individuals. When a company appears to have been fair to have met with the employee, discussed the problems regarding performance, and given the worker sufficient opportunity to correct these problems the worker will have less cause to be angry when eventually fired and will be less likely to sue.