When should discipline start over?

Sooner or later, nearly every manager will have to discipline an employee, whether for sexual harassment, negative attitude, poor attendance, or dress code violations. Often, the problem does not improve and the manager must move to the next level of discipline. A typical disciplinary progression includes a verbal warning, written warning, final warning or suspension, and finally termination.

In some cases, the employee's conduct will improve temporarily, but the employee will later revert to old habits. If the employee maintained improvement for several months before the next violation, managers may wonder if they should pick up discipline where they left off, or start at the beginning. For example, if an employee was given a final warning, but the situation improved for eight months before the next incident, should the manager terminate, or start over with a verbal warning?

A third option is to repeat a step or go back a step. The manager could meet with the employee, reiterate that the employee was made aware of expectations, and point out the new violation. Then the manager could explain that, in consideration of the fact that situation had improved, the employee is being given one more final warning to meet expectations. It should be clear that the employee will not get another "final" warning, regardless of how much time passes before the next violation.

There is a point when discipline should start over, but that point is not clearly defined and may differ with circumstances. If an employee with a tardiness problem was given a final warning, then had no issues for nine months, the next event of tardiness need not result in termination, and perhaps not even another final warning. It may be reasonable to go back to the written warning. The manager could explain that, because of the previous violations, the employee does not have a “clean slate,” but the company is giving consideration for the improvement period. The manager should be clear that the employee will not continue to receive endless warnings.

The decision of whether to continue the next step, repeat a step, go back a step, or start over is at the employer's discretion. The decision may depend on the nature of the conduct and the duration of the improvement period. For serious conduct such as sexual harassment, any future violation might result in picking up where the previous discipline left off, even if the problem does not recur until years later. For less serious conduct such as tardiness, where the employee had no issues for a considerable time, it may be reasonable to start at the beginning when another incident occurs. On the other hand, if the situation improved for only one or two months before the next violation, the manager may conclude that long-term progress is unlikely and move to the next level of discipline.

Employees may be given a second chance, but not necessary a third or fourth chance. If an employee shows repeated relapses, the employer may conclude that the problem is not going to go away and simply apply the consequences.