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Discipline — Virginia

There has been a recent nationwide increase in employment discrimination suits arising from disciplinary action or discharge decisions and it is important for employers to have in place appropriate disciplinary procedures to reduce their exposure to lawsuits. Such procedures, if applied consistently and fairly, are an important part of enforcing company rules and policies, encouraging a more efficient working environment and placing employers in a good position to defend against claims from employees.

What to include in a discipline policy

An established company discipline policy is key to the success of employee disciplinary procedures. Though discipline policies vary with regard to the specifics of prohibited conduct and the amount of discretion given to supervisors (in terms of deciding how to discipline an employee), it is important that all discipline policies be administered fairly and consistently and communicated effectively to employees.

Progressive discipline

Some employers may desire a more fixed discipline policy. Employers that do not want open-ended discipline policies may implement a progressive discipline policy, one that sets forth various potential types of employee misconduct and the penalty for each type. A...


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