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Use when designing or applying progressive discipline — covers the escalating sequence, documentation, gross misconduct exceptions, and consistency.
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Based on SOC occupation classification
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| name | progressive-discipline |
| description | Use when designing or applying progressive discipline — covers the escalating sequence, documentation, gross misconduct exceptions, and consistency. |
Progressive discipline is the escalating sequence of corrective action used to address performance or conduct issues that fall short of immediate termination. The system serves three purposes:
| Step | Tool | When |
|---|---|---|
| 1 | Coaching / verbal warning | First instance; documented in 1:1 notes |
| 2 | Written warning | Repeat or more serious; formal document |
| 3 | Final written warning | Last chance; clear consequence stated |
| 4 | Suspension (rarely) | Pending investigation, or specific situations |
| 5 | Termination | Prior steps have not produced change |
Not all situations require all steps. Match the response to the conduct.
Some conduct warrants termination without progressive steps. Common categories:
Document the rationale. Counsel review is essential. Ensure consistency with how the company has handled comparable conduct previously.
difficult-conversations skill and offboarding-architect agentThe single most consequential aspect of progressive discipline.
Documentation must:
Sloppy documentation:
For any disciplinary action, ask:
A pattern of treating comparable conduct differently — especially correlated with protected characteristics — is the strongest pattern in employment litigation.
Maintain a precedent log (under privilege where possible): for each disciplinary action, the conduct, the outcome, and the rationale. Reviewed by HR + counsel before applying inconsistent treatment.
Progressive discipline is designed for conduct issues — the employee can change, but isn't.
For performance issues (the employee is trying but can't deliver), consider:
performance-management-systemsTreating a performance issue as a conduct issue (or vice versa) creates legal exposure and corrodes trust.
For capacity issues (the employee can't deliver due to medical / disability / personal):
employee-relations-partner)Both are corrective. Different tools:
Some situations warrant both (e.g., performance plus attendance issues). Document distinctly.
A common legal exposure: progressive discipline applied to one employee that another employee (with comparable conduct) didn't receive — and the affected employee is in a protected class.
The legal frame: "pretext" — discipline as cover for an unstated, illegitimate reason. Avoid by:
Most progressive discipline failure happens at the manager level:
Manager training should include:
employee-relations-partner agentworkplace-investigations skillperformance-management-systems skill (PIP track)difficult-conversations skillpolicy-writer agentlegal-and-jurisdictional-boundaries rule