Earlier this year, I gave a 2 hour training session for a Chicago-based nonprofit. The training concerned progressive discipline and discharge. As typical with most of my training sessions, Q & A and role playing were emphasized. The session was conducted for middle and senior managers with supervisory responsibilities. The training also included a handout which I’ve posted on this site as a PDF. You can access the 10 page handout here/link. In order to maintain confidentiality, I removed the business’ name and all identifying references to the business.

Below is a sample of the handout:

WHAT IS PROGRESSIVE DISCIPLINE?

Simply stated progressive discipline is the concept that employee discipline is administered in an incremental and ascending manner. That is, each repeated infraction results in more serious disciplinary action leading to discharge.

Obviously, when and how progressive discipline is used depends on the nature, frequency and magnitude of the misconduct.

For example, a five-minute tardiness MAY result in a verbal warning on the first occurrence, a written warning on the second occurrence and a suspension on the third occurrence, IF each occurrence happens in a relatively compressed time period (e.g., three days in a row, or three weeks in a row). However, if each instance of tardiness is isolated or sporadic (e.g., three months in a row), then suspension for the third occurrence might be extreme.

As indicated above, the nature or magnitude of the misconduct MIGHT warrant progressive discipline unnecessary.

For example, beating up a coworker might warrant immediate termination (assuming there’s no extenuating circumstance). The same goes for theft or being under the influence of illegal drugs or alcohol.

As stated in ABC Company policy manual, “The seriousness and frequency of the violation will determine the disciplinary procedure to be used. Please recognize that we may elect to skip or repeat disciplinary actions.”

More on progressive discipline is discussed in the sections How Much Money Does an Employment Dispute Cost & What’s Your Likelihood of Getting Into an Employment Related Dispute or Being Sued? and The Costs of Unemployment Compensation (UC) Claims.

WHAT IS WRONGFUL TERMINATION

Also known as wrongful discharge this is the legal mandate that any termination which violates the law, contract or public policy is illegal.

Illinois doesn’t recognize wrongful termination in the public policy context, but does recognize it in the context of any law or breach of contract.

Public policy is a commonly known policy against termination for reasons other than documented performance or misconduct. It could mean laying off outside of seniority, firing a falsely accused employee, or some other unjustified firing.

An increasing majority of states don’t recognize public policy as being grounds for employer liability and our increasingly strengthening and enforcing the employment at-will doctrine.

Consequently, wrongful discharge is commonly known to be any discharge that occurs in violation of any of our civil rights statutes or ordinances (race, sex, national origin, sexual orientation, age, disability, military status, etc.), or any termination which violates a provision in a legally binding contract.