Discipline Investigation of Incident Quick Reference Guide Is There “Just Cause”? Administrative Code Causes • Is management rule/order For Discipline- NJAC 4A:2-2.3 reasonable? • Was employee adequately • Incompetence warned? • Insubordination • Did management investigate • Inability to perform duties the allegation before issuing • Chronic or excessive discipline charges? absenteeism or lateness • Was the investigation • Conviction of a crime conducted fairly and • Conduct unbecoming a objectively? public employee • Did the investigation produce • Neglect of duty evidence or proof to support • Misuse of property, the charge? including motor vehicles • Were rules, orders and • Discrimination that affects penalties applied equal employment evenhandedly and without including sexual harassment discrimination? • Violation of federal • Is the penalty which regulation concerning drug management seeks to impose and alcohol use reasonably related to the • Other sufficient cause, e.g. seriousness of the violation Violation of Judiciary and the past record of the First Step policies and directives employee? Pre-Discipline Second Step Progressive Discipline Minor Counseling Verbal Written Discipline Session Warning Warning Written Reprimand Suspension of Third Step Five days or less Progressive Discipline Immediate Major Suspensions/ Discipline Loudermill Hearings Disciplinary Suspension more Removal/ Demotion than five days Termination **These are the steps “generally” followed for Progressive Discipline however, there are some offenses so serious in nature, e.g., violations of the law or the Code of Conduct, for which discipline need not be progressive in nature.** S:\\Discipline\Discipline Quick Reference Card_03_28_12 21
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