Most employers use various forms of discipline to correct and punish improper behaviors by their employees. However, some employers also use discipline to harass, discriminate, or retaliate against employees in violation of the law.
Forms of DisciplineThere are many different forms of discipline that employers use, and different names for the same types of discipline. However, some of the most common forms include:
Termination
Theoretically, a Performance Improvement Plan ("PIP"), also known as a Performance Action Plan, is intended to help under-performing workers address deficiencies in their job performance. However, frequently they are used to help an employer justify taking a more serious action such as demoting, suspending or terminating an employee.
Some employment contracts, including union collective bargaining agreements, limit how and when your employer can discipline you. For example, some employment agreements limit the employer’s right to fire you unless there is “good cause” or “just cause” to do so. Other employment agreements allow employers to fire employees without cause, but entitle employees who were fired without cause to receive severance pay.
Similarly, many employee handbooks include requirements or other limitations on how and when the employer can issue discipline to its employees. However, employee handbooks typically include disclaimers which make it difficult or impossible to legally enforce these policies.
Discriminatory and Retaliatory DisciplineIn addition to any contractual rights you might have, the law prohibits employers from using discipline as a way to unlawfully discriminate or retaliate against you.
For example, in New Jersey it would be a violation of the law for your employer to fire, demote, or take another adverse employment action against you because of your age, race, gender, pregnancy, disability, sexual orientation, national origin, color, ancestry, religion, marital status, or military status. Likewise, it would be illegal for an employer to discipline you because you objected to, or refused to participate in, an activity that you reasonably believed was illegal, fraudulent, criminal, or violated a clear mandate of public policy relating to public health, welfare or the environment.
Contact an Employment LawyerIf you believe your employer had used discipline in a way that violates your employment law rights, or would like related legal advice, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help. You can contact us online, or call our law office at (201) 777-2250 to schedule an appointment with one of our New Jersey employee discipline lawyers.
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