7 Steps to Just-Cause Discipline, Plus Questions to Consider

The seven steps to just-cause discipline and/or dismissal have been used in the workplace for decades. Organizations see this primarily in a collective bargaining relationship between union and management. The seven steps were established through the opinion of arbitrators in discipline cases as a set of guidelines or criteria to be applied to the facts of each discipline case and investigation process. However, organizations should use these seven steps more widely as part of the discipline, investigation, and termination process. Consistency is key in these situations.

These are the seven steps of just-cause discipline:

1. Reasonable Rule or Work Order. Is the rule or order that has been violated reasonably related to the orderly, efficient, and safe operation of the business?
2. Notice. Did the employee receive adequate notice of the work rule or performance standard and the possible consequences of failure to comply?
3. Sufficient Investigation. Did you conduct an investigation before making a decision about taking disciplinary action?
4. Fair Investigation. Was your investigation fair and objective?
5. Proof. During your investigation, did you find proof of misconduct or of a performance discrepancy?
6. Equal Treatment. Have you dealt with your employees equally, without discrimination?
7. Appropriate Discipline. How do you decide what’s appropriate?

Additional Questions to Consider

Workplace investigations take significant amounts of time and can be stressful, especially if the investigation can lead to discipline or dismissal. Ensure your organization has processes and procedures in place to manage the investigation process consistently and fairly, while following the seven steps of just-cause discipline.

Here are some questions from the Amundsen Davis law firm that it says can be applied to any employment separation:

• Are all reasons for termination established?
• Have those reasons been documented?
• Have other employees been discharged similarly in the past?
• [Ask] if others have not been treated in the same [way] in the past.
• Have I followed company procedures for terminations?
• Have I followed the company handbook?
• Have I discussed the decision with Human Resources?
• Am I sure there are no issues with discriminatory animus and/or retaliatory motive?
• Has the employee recently engaged in any type of protected activity or taken a leave of absence protected by law?

Read more from SHRM about managing progressive discipline, implementing performance improvement plans, and giving written warnings.

Matthew Burr, SHRM-SCP, is an HR consultant. He can be reached at Matthew@Burrconsultingllc.com or online at Burr Consulting LLC.