Maine Discipline: What you need to know
Progressive discipline is a disciplinary model in which the severity of the penalty increases each time an employee commits an infraction. Generally, a progressive discipline scale begins with an oral reprimand, followed by a written warning, suspension and, finally, discharge. Progressive discipline procedures are most often found in collective bargaining agreements and in the public sector, but they are becoming increasingly common in the private sector.
There are two major problems with having a progressive discipline procedure in an "at-will" employment relationship. First, it can be time-consuming to administer the steps and generate all the accompanying paperwork. Second, a progressive discipline procedure can, under certain circumstances, transform an otherwise at-will employment relationship into a contractual one.
In Maine, for an employee to prevail on a breach of contract claim based on his or her employer's oral promise of multiyear employment, the employee must show fraud on the part of the employer (Stearns v. Emery-Waterhouse Co., 596 A.2d 72 (ME 1991)). In this case, a 50-year-old employee resigned from his job in another state and moved to Maine for a new job in reliance on his employer's promise that he would be employed until he reached the age of 55. After 2.5 years, the employer terminated him. While acknowledging that the employee relied on the promise of continued employment when he resigned from his former job and moved to take the new job, the Maine Supreme Court rejected the employee's breach of contract claim. The court reasoned that the employee failed to show by clear and convincing evidence that the employer acted fraudulently. Absent such a showing, the ...
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Maine 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.