How can I discipline problem employees without getting into legal trouble?
First, you need a clear written disciplinary policy. This will let your employees know what to expect if they fail to meet your performance standards. But be careful not to limit your ability to fire employees “at will” (that is, for any reason that is not illegal). Next, apply your policy fairly and consistently to all employees. Avoid claims of discrimination or favoritism by imposing similar discipline for similar offenses. Make sure your employees get the message: Be honest and up front in your criticism, listen to your employee’s response, and try to work together to resolve the problem. Finally, document everything. Whenever you have to discipline an employee, take notes and place them in the employee’s personnel file. If the employee later decides to file a lawsuit, you will have proof that the employee was warned about performance problems and was unable to improve. To learn more about writing a disciplinary policy and delivering the discipline, see Developing a Disciplinary Po
