Issuing Discipline
“Just cause” is a set of criteria that helps protect employees from unfair and unjust decisions. Part of just cause is ensuring that the level of discipline is appropriate for the work rule violations, and that employees are treated equally and without discrimination.
It is important to consult with Labor Relations before making any major disciplinary decisions to be sure there is consistency across City agencies.
Key considerations
Purpose of Discipline
Disciplinary action is meant to be corrective. It should never be used to punish, shame or degrade an employee. If disciplinary action does not result in improved job performance or behavior, it may be necessary to terminate or dismiss an employee. Dismissal is only considered when other corrective measures have failed or in very serious cases of misconduct. Supervisors should always consult with Labor Relations staff in serious cases and any time they are considering a disciplinary suspension or termination.
Communication and Documentation
When taking disciplinary action, supervisors must provide employee(s) with a definite, clear, and concise written statement. Not only is this good communication, but it is also important for the City to meet legal standards for due process.
Download or print a detailed checklist of information to include in disciplinary notices.
Letters of Instruction (non-Disciplinary)
Letters of instruction are used to clarify work rules and expectations. They also inform employees of the potential consequences if they do not comply with work rules or meet expectations. They can be issued to an employee with or without a pre-determination meeting as an alternative to discipline.
View detailed information about letters of instruction.
Progressive Discipline
The following three-step progression is recommended for most cases of misconduct. However, it is not an absolute rule. In some situations it may be appropriate to repeat the first or second step, while in other situations steps in progressive discipline may be skipped.
Some of the factors considered in progressive discipline include the employee’s work history, the seriousness of an incident or incidents, and the amount of time that has passed between incidents.
A pre-determination meeting is required before any discipline is issued to an employee, unless they are on probation. If an employee is on probation, supervisors should contact HR- Labor Relations because the disciplinary process is different for them.
Documented Verbal Reprimand to the Employee
A verbal reprimand is documented in writing, with a copy given to the employee and another copy placed in the employee’s file. Supervisors should follow the disciplinary notice guidelines, including the statement that “future violations of City of Madison or department work rules may result in further disciplinary action up to and including suspension or termination.”
A written reprimand to the employee
The written reprimand should be given to the employee, with a copy filed and additional copies sent to Human Resources, the Department Head, and the employee’s union steward or association representative (if applicable). Supervisors should follow the disciplinary notice guidelines, including the statement that “future violations of City of Madison or department work rules may result in further disciplinary action up to and including suspension or termination.”
Suspension/Termination
Contact HR- Labor Relations if previous disciplinary action did not correct an employee’s performance or behavior, or if an employee’s actions might justify discipline beyond a verbal or written warning. Supervisors must never issue a disciplinary suspension or termination without consulting with HR.
The City may issue one-day, three-day, five-day, and ten-day suspensions before proceeding to termination. In cases of serious misconduct, an employee could be terminated without suspensions. In some cases, like when an employee’s misconduct is attendance-related, the suspension might be administrative. An administrative suspension is documented in a personnel file as a suspension, but the employee continues to report to work as usual because further absences would have a negative impact on coworkers and the agency and may only exacerbate the misconduct.