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I’m not the biggest fan of progressive discipline policies, which can often be too restrictive. Plus, deviations and inconsistencies in their application are ammunition for a plaintiff claiming discrimination to get to trial. But, when companies apply these policies to the letter, they create a formidable defense to these claims.
Here’s an example.
Last night, I read a Fifth Circuit decision involving an employee at a plant in Texas. As many industrial facilities do, the company maintained an attendance policy that assessed “points” for attendance-related issues (e.g., a half-point for each lateness, 1 point for each absence without
