What is a disciplinary action?

Disciplinary action involves measures against employees for misbehavior or poor performance. Managers decide appropriate actions based on the infraction’s severity, ensuring fairness.

By Brad Nakase, Attorney

Email  |  Call (888) 600-8654

Have a quick question? I answered nearly 1500 FAQs.

Disciplinary action: What is it?

Reprimands or corrective measures are taken against employees for misbehavior, breaking rules, or delivering subpar work. Discipline may be applied in a variety of ways, depending on how serious the situation is.

The decision of when to initiate disciplinary action against an employee rests with their managers and supervisors. Managerial personnel must act quickly to resolve serious problems like harassment, misbehavior toward customers, and no-shows, even though they may be more forgiving of minor infractions (like failing to reply to a crucial email).

When enforcing disciplinary actions, employers and the employees under their supervision have to act impartially and consistently. Managers must take into account the type of infraction, the employee’s prior disciplinary record, and their expertise when deciding when to initiate measures and what sanctions to impose.

If a worker transgresses the company’s regulations or the rules of conduct, disciplinary action offers a way to address the situation. Employers can foster a just, dependable, and positive work environment by implementing a disciplinary action system. Employees, the business, and its clients are all safeguarded by a uniform disciplinary policy.

Which Disciplinary Action Types Are Most Common?

When an employee exhibits unfavorable conduct or violates the corporate code of conduct, employers have a number of disciplinary action options at their disposal.

These are but a handful of the measures employers can take to deal with misbehavior:

  • Verbal caution against the conduct
  • Additional guidance on subjects that influence the conduct
  • A warning in writing on the employee’s record
  • A formal meeting with the management team and supervisors to talk about the conduct
    reduction in privileges and perks of the work
  • Duty Suspension
  • Demotion
  • Termination

Companies are required to make sure that the seriousness of the infraction determines the appropriateness of the disciplinary action taken. Many companies have implemented a discipline grid that connects penalties to certain policy infractions in order to guarantee equity when enforcing disciplinary action.

According to a bank’s discipline protocol, for example, breaking the dress code may result in an oral caution on the first violation, a letter of warning on the second, and an official disciplinary hearing on the third.

Why Do Workers Get Reprimanded at Work?

The exact parameters of a company’s disciplinary policy will change based on its type of business. A trucking business, for example, would give top priority to matters like driver concentration, safety, and compliance with local, federal, and state transportation rules.

On the other hand, a bank may be more inclined to take disciplinary measures for uniform infractions, customer disrespect, or other behaviors that might harm the company’s reputation.

However, because of the seriousness of the offense, there are some situations where disciplinary action ought to be taken immediately. For example, consider:

  • Violent threats or deeds, particularly directed at staff members or clients
  • Sexual assault or harassment, particularly at work
  • Fraud, which includes taking money without authorization and misusing it
  • Theft
  • Discrimination

You need to have a thorough policy established to deal with these activities because of their seriousness. A zero-tolerance approach is implemented by many firms, meaning that any proven infraction pertaining to sexual harassment, assault, prejudice, or theft will result in instant firing.

Developing a thorough disciplinary policy will help guarantee that staff members understand expectations and remove any confusion.

Is “Fired” Associated with “Disciplinary Action”?

Termination is not a necessary consequence of a disciplinary action, however it can. What kind of punishment is suitable for the particular infraction is up to the management team and employer.

A warning in writing could be adequate if the worker’s conduct was deemed to be a genuine error and did not cause harm to anyone, so qualifying as a minor offense. Nevertheless, dismissal could be a suitable course of action if the worker continues to make the same error despite numerous attempts to promote more suitable activities and behaviors.

Similarly, even when the employee has no disciplinary record, termination may be warranted if the occurrence was serious, endangered others, or interfered with their capacity to do their jobs. Every choice about disciplinary action should take into account the employee’s background, prior experiences, and the specifics of the incident.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

Is Working 32 Hours Considered Full-Time

Is Working 32 Hours Considered Full-Time?

Working 32 to 40 hours per week is typically considered full-time in California, but eligibility for benefits depends on employer policies. Overtime laws require higher pay for shifts exceeding eight hours, with additional regulations for breaks, benefits, and independent contractors.
What Does the California Sick Time Law Require

What Does the California Sick Time Law Require?

California law mandates that employers provide paid sick leave to eligible employees, with accrual requirements and usage limits outlined by state regulations. Employers must track sick leave, inform employees, and comply with both state and local sick leave laws to avoid penalties.
When Does Quid Pro Quo Harassment Occur

When Does Quid Pro Quo Harassment Occur?

Quid pro quo harassment occurs when someone in power seeks sexual favors in exchange for job benefits or protection. Employers must enforce policies, conduct investigations, and create a safe workplace to prevent and address this misconduct.
Is It Better to Receive Pay Bimonthly or Biweekly

Is It Better to Receive Pay Bimonthly or Biweekly?

Biweekly and bimonthly payroll schedules impact paycheck frequency, financial planning, and overtime calculations. Choosing the right schedule depends on company needs, industry norms, and legal requirements.
What Is a Nonexempt Position and How It Differs from an Exempt Role

What Is a Nonexempt Position and How It Differs from an Exempt Role?

A nonexempt position in California qualifies for overtime pay, meal breaks, and other labor protections under state and federal law. Exempt positions typically involve higher salaries, independent responsibilities, and different legal requirements for benefits and compensation.
What Are Employee Rights When Calling in Sick

What Are Employee Rights When Calling in Sick?

Employees calling in sick have legal protections that vary by state, including paid leave laws, FMLA, ADA, and workers' compensation. Understanding workplace policies and proper notification procedures helps ensure compliance while maintaining job security.

Can Managers Receive Tips in California? No.

Can Managers Receive Tips in California? No. Under California law, a manager cannot take any part of a tip that's left for an employee. This means that you can't be forced to share your tips with the manager, supervisor, or owner of the business.  In California, when an employer or another supervisor or manager takes an employee's tips, it is considered a wage and hour violation.

Can Managers Take Tips In California?

No, in California, it is strictly prohibited for your manager to take tips that are intended for employees. California labor laws clearly state that tips are the sole property of the employees to whom they are given, and managers, supervisors, or employers cannot collect, share, or deduct any portion of these gratuities.

Lawyer Answers FAQ: California Lunch Break Law and Meal Break Law

Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. As a general rule, and insofar as practicable, the rest break must be in the middle of each four-hour work period.

When did tips become taxable?

Tips became taxable in 1965 when legislation extending Social Security coverage to tips (for both taxation and the calculation of retirement benefits), required a tipped employee to report monthly all such tips received in one or more written statements furnished to his employer.
Is Job Abandonment Considered a Resignation in California

Is Job Abandonment Considered a Resignation in California?

Job abandonment in California is viewed as voluntary resignation when employees fail to notify their employer after extended absences. Employers should implement clear policies, address legitimate exceptions, and follow labor laws to manage job abandonment appropriately

California Lunch Break Law [2025]

This article answers common questions, such as "How many hours do you have to work to get a lunch break?" and "Can I work 6 hours without a lunch break in California?" Under California law, employees must be provided with no less than a thirty-minute lunch break when the work period is more than five hours. In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a lunch break.
Overtime - Understanding California’s laws and employee rights

Overtime: Understanding California’s laws and employee rights

California's overtime laws require non-exempt employees to receive extra pay for working over 8 hours a day or 40 hours a week. Employees must be compensated at 1.5 times their regular rate for hours beyond these limits and double pay for excessive hours on the 7th consecutive workday.

Why would someone ask for their personnel file?

Employees who believe they have been fired as a result of unlawful discrimination, retaliation, or harassment will often request their personnel file. Those files may contain information that helps you prove discrimination, harassment, or other civil rights violations.

Can You Refuse to Work If You Haven’t Been Paid?

Legally, you may have the right to refuse work if your employer hasn't paid you because it is constructive termination and wage theft by the employer. If your employer hasn't paid you, should should review your contract before not working.

What Happens If I Don’t Get Paid on Payday?

If you don't get paid on payday, contact an employment attorney immediately and ask for help getting the wages owed to you. Alternatively, if the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. 

How long can an employer not pay you?

Your employer must pay you on pay day if you did not resign or fired from your job. If you're fired from your job, you must be paid the same day. If you quit your job, you must be paid within 3 days. 

Do You Get Paid for Training? 

In California, employees are generally entitled to be paid for training as long as its job-related and mandated by the employer.

Is Unpaid Training Legal in California?

Yes, unpaid training is illegal in California. California employers must pay for mandatory training. Employees not paid for meetings or job training can sue for unpaid training.

Is It Illegal To Not Pay Overtime?

Yes, it is illegal for employer to not pay overtime. Overtime pay is 1.5 times an employee's regular rate of pay. Not all employees are eligible for overtime.

Contact our attorney.

Please tell us your story:

1 + 1 = ?