Discipline
Key considerations
Just cause
“Just cause” is a set of criteria that helps protect employees from unfair and unjust decisions. It is also used in arbitration to determine whether a supervisor took appropriate disciplinary steps. In cases of employee misconduct, a fair and thorough investigation is needed to establish “just cause.”
Download or print detailed information on Just Cause.
Due Process Protection for Public Employees
The legal protections given to most public employees in cases of discharge or discipline are referred to as “due process.” The United States constitution says that the government cannot deprive a person of property without due process of law. The due process rights of public employees are based on the idea that we have “property interests” in our jobs. The City of Madison’s disciplinary process ensures that the due process protections of employees are met. Supervisors must follow the process exactly to issue enforceable discipline.
Trauma-Informed Supervision
Disciplinary processes can be traumatic for employees or act as a trigger or reminder of personal trauma. This is especially true if an employee’s personal trauma involves feelings of rejection, being threatened, surveillance, or powerlessness in interactions with authority figures.
Supervisors should refer employees to the Employee Assistance Program (EAP) and apply principles of Trauma-Informed Supervision in every step of the disciplinary process. In particular, they should focus on the principle of Safety. Strategies include:
- Clear communication and active listening.
- Following the disciplinary process exactly. This includes scheduling meetings in advance, being clear about the purpose fo the meeting, process and next steps, and being timely in any follow-up.
- Addressing employees with calmness and respect, and avoiding sarcasm or condescension.
- Not making assumptions about what happened or an employee’s intentions.
- Being mindful of the location and size of physical spaces and positioning. (A neutral, private location and giving employees the seat closest to an exit is recommended.)
The Employee Assistance Program (EAP) can consult supervisors on being trauma-informed in their interactions with staff.
Employees on Probation
The process for new employees who are on probation is different. It does not include pre-determination meetings and other steps below. Contact HR- Labor Relations if there are misconduct or performance issues with a new employee who is still in their probationary period.