Disciplinary Actions

     Employee discipline is among the most difficult functions a supervisor has to perform. Not only is the supervisor's job to maintain proper discipline in order to carry out the mission of the organization, but he is also responsible for protecting the rights of the organization's workers, ensuring fair and equal treatment for all.

     Many EMS supervisors have had little or no formal education in human resources and are unsure of themselves when faced with a situation requiring discipline. Some confuse discipline with punishment. Discipline actually involves improving employee performance through a learning process, but some supervisors see it as a "you-against-me" situation. Some companies also see their employees as "them" rather than "us." This attitude can lead not only to poor company discipline and performance, but to expensive litigation.

     There are some fundamental practices that can help a supervisor maintain discipline in a manner that is fair and equitable for both the service and the employee. At the top of the list are documentation and communication. In the last few years, the number of employment-related lawsuits has ballooned. In any situation involving a lawsuit, good documentation is one's best ally, and good communications can stave off a litigious situation.

     Next is familiarity with the laws involved. There are many laws governing employment discrimination, among them Title VII of the Civil Rights Act of 1964, 42 U.S.C., sections 200e to 2000e-17, which makes it unlawful to take adverse employment action against any individual on the basis of race, color, religion, sex or national origin. Other federal acts prohibit discrimination on the basis of age, disability, pay and certain health conditions such as HIV. All these laws are readily available on the Internet.

Employment At Will
     At one time an employee without a written contract of employment was considered to be an "employee-at-will" who could be discharged for absolutely any reason or for no reason. In recent years, this rule has been eroded by a variety of court decisions in many different states, so that today, discharges for other than "just cause" may be subject to legal challenge. Some courts will "infer" a contract from the actions of the company. For example, when an employee is told, "you have a job for the rest of your life if you continue to perform like you do," that may amount to an unwritten contract of employment.

     To avoid that, there should be a firm understanding between employee and management about the status of the employee. If employment is to be "at will," that should be prominently stated in the employment application, the company handbook, the policy and procedures manual, and from time to time in company meetings.

Defining Standards and Rules
     Employees must have a clear understanding of their duties and the work rules. When employees are evaluated, using measurable standards for objective and quantifiable goals rather than point systems or overall descriptions of performance such as "exceeds expectations" or "needs improvement" will help the employee to focus on improvement and protect the employer if a dispute arises. When an employee has consistently received "excellent" or "exceeds expectations" over a period of years, it may be difficult to justify firing that employee even over a serious act of misconduct. Some employers have ceased using evaluations and substituted realistic goals that can be measured.

     The company handbook should state the rules clearly. The rules of discipline must be laid out in specifics and followed. Consistency in application is vital, although that does not mean there is no room for judgment and flexibility in discipline. However, the reasons for variation from norms should be carefully documented. Avoid using words like "shall" or "will" in your disciplinary rules since these words may tie your hands and make it hard to fashion individually appropriate disciplinary plans.