Colorado Discipline: What you need to know
Progressive discipline is a model in which the severity of the discipline increases each time an employee commits an infraction. Generally, the progressive discipline scale starts with an oral reprimand, followed by a written warning, suspension, and finally, termination. Progressive discipline procedures are most often found in collective bargaining agreements and in the public employment arena, but they are becoming increasingly common in the private sector.
There are two major issues with having a progressive discipline procedure in an at-will relationship. First, it can be time-consuming to administer the steps and generate the supporting paperwork. Second, a progressive discipline procedure can, under certain circumstances, change an at-will employment relationship to a contractual one, whether or not the policy is written. Employee handbooks, company policy, and oral representations have all been recognized as evidence of an implied employment contract.
While the Colorado courts are fairly conservative in upholding the concept of at-will employment, the Colorado Supreme Court has ruled that if an employer establishes a disciplinary procedure to be followed before an employee is terminated, that policy may be considered a contract and must be followed.
Specifically, the Colorado Supreme Court has held that an at-will employee may be able to enforce disciplinary procedures in two ways (Continental Air Lines v. Keenan, 731 P.2d 708 (1987)). First, the court held that an employer's statements regarding disciplinary procedures must demonstrate the employer's willingness to enter into a bargain in a way so that an employee would be justified in thinking that (1) his or her assent to the ...
>> Read more about Discipline
More on this topic:
New Hampshire |
New Jersey |
New York |
North Carolina |
North Dakota |
Rhode Island |
South Carolina |
South Dakota |
West Virginia |
Colorado Discipline Resources
QuikStep Guide to Discipline
QuikStep guides tell you what to do, how to do it, what to say, when to say it. All QuikStep guides feature a simple step-by-step solution with detailed instructions, samples, tips, and checklists."
Audio Click 'n Train: Progressive Discipline
This movie-like version of the powerpoint presentation with audio makes it easy to deliver progressive discipline training. This ready-to-deliver meeting gives you effective toolbox training - no preparation required! Includes meeting outlines, customizable PowerPoint® slides, handouts, quiz, trainer's guide and more!"
Click 'n Train: Progressive Discipline
Complete PowerPoint® training meeting made easy to deliver progressive discipline training to your supervisors. This ready-to-deliver meeting gives you effective toolbox training – no preparation required! Includes meeting outlines, customizable PowerPoint slides, handouts, and quizzes."
HR Audit Checklists
Created by employment law experts, this unique and practical handbook provides prewritten checklists that help spot and correct compliance problems before they become costly lawsuits. You get checklists on HR policies, job descriptions, safety and OSHA, compensation programs, hiring practices, performance measurement, telecommuting, flexible work hours and much, much more. "
10-Minute HR Trainer™
Here’s the system that gives you everything you need to train your supervisors and managers on the everyday HR skills they need. In just 10 minutes per session you can deliver effective training - without the hard work of preparation. From ADA to how to avoid termination problems, you get 50 prewritten trainer outlines, reproducible handouts, plus case studies and quizzes. Free quarterly updates.