Indiana Discipline: What you need to know
Progressive discipline is a disciplinary 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. In the past, progressive discipline procedures were most often found in collective bargaining agreements and in the public employment arena, but they have become 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.
Employee handbooks. In most cases a handbook is not considered a contract in Indiana (Orr v. Westminster Village North, Inc., 689 N.E.2d 712 (1997)). In this case, the court held that an employee handbook cannot create a unilateral contract unless (1) it contains a clear promise so that an employee would believe an offer has been made; (2) the handbook is disseminated to employees; and (3) the employee accepts the offer by beginning or continuing employment. Also, the court said that vague and general policy statements, when weighed against clear and specific disclaimers, do not create a binding contract.
The employees had sued their employer for firing them without following the disciplinary procedures set forth in the company's employee handbook. The court pointed to statements in the handbook that provided that the company could discharge employees without warning. The ...
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Indiana 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.