New York 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. In the past, progressive discipline procedures were most often found in collective bargaining agreements and in the public sector, but they have become increasingly common among private employers.
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.
Courts recognize claims for breach of implied contract based on handbook provisions or an oral promise supported by written documentation that were relied on by the employee (Dicocco v. Capital Area Community Health Plan, 135 A.D.2d 308 (1988)).
More specifically, the New York Court of Appeals, the state’s highest court, has held that the at-will presumption is rebuttable only upon showing that (1) an express written policy limiting the employer's right of discharge exists; (2) the employer made the employee aware of this policy; and (3) the employee detrimentally relied on the policy in accepting employment (Lobosco v. New York Tel. Co., 751 N.E.2d 462 (2001)). However, employers may avoid implied contracts by including a clear and specific disclaimer.
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New York 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.