Evaluation and Discipline For Public Employers

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This workbook is designed to assist public employers in two broad areas – employee evaluations and employee discipline.

Topics Include:

  • Performance Evaluation: An On-Going Process
    • Why Do Performance Evaluations?
    • The Ten Steps in Evaluating Performance
    • The Basic Rules for Preparing Written Evaluations
    • The Evaluation Meeting
    • Follow-Up:  If Improvement is Needed
  • Counseling and Available Disciplinary Actions
    • Counseling
    • Progressive Discipline
  • Frequent Disciplinary Problems
    • Excessive Absenteeism
    • Tardiness
    • Incompetence/Inefficiency
    • Insubordination
    • Falsification of Documents/Dishonesty
    • Employee Misconduct Outside Working Hours
    • Fighting
    • Harassment
  • Issues to Consider Before Taking Disciplinary Action
    • Create a Record
    • Evaluate Sources of Authority to Impose Discipline
    • Conduct an Investigation
    • Evaluate the Likelihood that the Proposed Discipline Will be Sustained if the Employee Appeals
    • Consider Two Common Defenses To Discipline
    • Laying off or Eliminating a Position as an Alternative to Discipline
    • Consider Legal Issues Prior to Implementing Discipline
  • Implementing Public Employee Discipline
    • What is “Skelly”?
    • Skelly Pre-Discipline Due Process Rights Apply Only to “Significant” Discipline Unless Agency
    • Rules or MOU’s Provide to the Contrary
    • Probationary and Other “At-Will” Employees Have Only Limited Due Process Rights – Lubey Conference
    • The Skelly Pre-Disciplinary Procedure
    • Final Notice of Discipline
    • Remedies for Violating a “Permanent” Employee’s Due Process Rights
    • Settlement
  • Post Discipline Due Process: The Right to Administrative and Judicial Review of a Final Disciplinary Action
    • Post-Disciplinary Administrative Appeal
    • Appeal to the Courts: Judicial Review of the Administrative Appeal Decision

This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.

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