The Employer’s Legal Advisor

“Stale” Offenses

Offenses that do not warrant discharge can be punished at either the first or second warning stage or by suspension, depending on the seriousness of the offense. More serious offenses can be punished by suspension or discharge. In any event, the disciplinary procedure should not require that it apply each offense independently; discipline should be cumulative with each offense proceeding to subsequent steps regardless of the violation.

At some point, lesser discipline than discharge becomes “stale” (of no value as either a legal or practical matter with the passage of time and unreliable as a credible basis for action). You may want to have a system of clearing discipline, not in the sense of removing papers from the employee’s ...