Wait To Terminate?

by Jessica Flora

Missouri is an employment at-will state. That means an employer or employee can end an employment relationship for any reason at any time (as long as the action is not discriminatory). That said, it is highly recommended that you not take this route without going through the proper disciplinary process. This is because an employer can still get sued and go to court.

Employers can have different disciplinary processes, but the most common steps are a verbal, written and final warning before termination. Whatever steps an employer decides on should be clearly outlined in the employee handbook and communicated to employees.

The survey says:
According to AAIM Employers’ Association’s 2015-2016 Policies and Benefits Survey of 150 St. Louis and Central Illinois businesses, 84% of employers’ disciplinary processes are administered in levels, and 3.3 is the average number of levels administered before termination.

What to consider:
• Consistency.. Employers must remain consistent between employees and take all employees through the same disciplinary process.
• Documentation. All disciplinary conversations should be documented and, if possible, signed by both the employee and the employer.
• Communicate. Ensure there is constant communication with the employee throughout the disciplinary process.

Jessica Flora, PHR (solutions.team@aaimea.org) is on the Research and Solutions Team for AAIM Employers’ Association, which helps Missouri and Illinois companies manage their people and processes.