West Virginia Discipline: What you need to know
Progressive discipline is a disciplinary model in which the severity of the punishment 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 problems with having a progressive discipline procedure in an at-will relationship. First, it can be time-consuming to administer the steps and generate the accompanying paperwork. Second, a progressive discipline procedure can change an at-will employment relationship to a contractual one. For example, employee handbooks, company policies, and oral representations have been recognized as comprising components in, or evidence of, an employment contract. This means if a company has a progressive discipline procedure and promises that it will be followed, the company should not stray from it or ignore it.
West Virginia courts have been cautious about interpreting oral promises as implied contracts. State courts have said that an oral assurance must be specific and must be proved to constitute a contract (Sayres v. Bauman, 425 S.E. 2d 226 (WV 1992)). The burden of proof is on the employee.
Many employee handbooks provide for formal levels of progressive discipline leading up to discharge. Generally, if such provisions are written in mandatory language, West Virginia courts have tended to find that they create contractual rights to the progressive disciplinary procedures. For ...
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West Virginia 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.