EMPLOYEE DISCIPLINE

Employee discipline can be a very confusing aspect of labor and employment law, especially as it varies by employment sector. However, at Bantle & Levy LLP, we are committed to answering any questions you may have as you go through this trying time.

What Does Employee Discipline Mean?

There are specific rules and laws employers must follow when disciplining employees. Whether it is suspension, transfer, demotion, or even termination, the appropriate laws must be adhered to.

While each employer will differ, there are certain elements all effective discipline programs will recognize and adhere to as part of the employee discipline process. According to SHRM, these include:

• 1. Knowing what issues must be addressed before administering discipline
• 2. Methods of disciplining
• 3. How to provide employees with an opportunity to respond to discipline (grievance program, etc.)
• 4. Laws relevant to termination

It’s no wonder that when employees are treated with respect, the discipline process is much smoother. However, when your employer’s conduct makes you wonder what the real reason for discipline is, there are some signs you want to look out for:

• Discriminatory conduct
• Retaliatory rationale
• Facing disciplinary action after engaging in a protected activity
• Lack of duty of loyalty

How does employee discipline change in the public vs. private sector?

The laws governing the private and public sectors regarding employee discipline vary, though some regulations do overlap. For example, in the public sector, the following state laws are applicable to employee discipline:

• New York State Civil Service Law § 75: Pertains to the removal or discipline of an employee based on incompetence or misconduct.
• New York State Town Law § 155: Pertains to the disciplinary action or dismissal of a police officer.
• New York State Village Law § 8-804: “The board of trustees or municipal board shall have power and is authorized to adopt and make rules and regulations for the examination, hearing, investigation, and determination of charges, made or preferred against any member or members of such police force or department.”
• New York State Education Law § 3020-a: Disciplinary procedures and penalties for those in education.

These laws cover the handling of progressive discipline matters.

Conversely, in the private sector, the union’s collective bargaining agreement will contain the protections for employees facing disciplinary action. This includes company manuals and internal office rules and procedures.

What happens if I disagree with an employee write-up?

When you face employee discipline, you may at first be faced with a wave of emotions. However, if you feel like the reasoning behind the discipline is unfair, there are a few steps you should take.

• Speak Up. Remain calm and tell your employer upon receipt of the discipline that you disagree with the contents. Offer a verbal and written rebuttal that you can address point by point.
• Gather the information. Whether you are accused of tardiness, missing deadlines, etc., if you can document your calendar of attendance, project communications via email, etc., this will all be beneficial to you.
• Get help from other employees. If this is a battle of he-said-she-said, you’ll need witnesses to back you up. This may be a letter of support, or perhaps a witness testimony.

If you are challenging a performance evaluation or failing to sign a warning, you may be up against larger obstacles that you’ll need to handle with great care. A New York employee rights attorney can help–and Bantle & Levy LLP is here for you.

Facing Employee Discipline? Handle it With Bantle & Levy LLP.

Whenever you are being accused of something or are facing a write-up, you are going to want to be emotional, especially if you know the reasoning is seated in discriminatory or retaliatory feelings.

At Bantle & Levy LLP, we handle your employee discipline case with care and precision to make sure your reputation is untouched by the unfair actions of others. Contact us today to schedule a consultation.