LR/ER2 | The Art of Determining the Proposed Disciplinary Penalty

Description

One of the most important determinations for managers in taking a disciplinary action for employee misconduct is selecting an appropriate penalty. Applying the Douglas factors assists the deciding official, but is that the same method the proposing official should use in selecting the proposed penalty? Since the proposal letter establishes the “penalty ceiling,” setting the proposed penalty is just as important as the final outcome. Setting the penalty too low will not only hamstring the deciding official but could come back to haunt the agencies in comparator misconduct cases. In this session, Mr. Erbe will discuss all the various considerations in determining an appropriate “proposed” penalty, including how the agency charges the misconduct, the number of charges lodged, the maximum reasonable penalty, and the ultimate goal in taking the discipline.

Track(s)

• LR/ER - Labor Relations and Employee Relations

Learning Objectives