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600 E Boulevard Ave
Dept 113
Bismarck, ND 58505-0120

Phone · 701.328.3290
Fax · 701.328.1475
Email · hrms@nd.gov

Employment Verification · 701.328.2677

Managers: Laws and Rules

Discipline

Discipline is a process used to correct an employee's job performance or for a violation of rules or standards.

The use of disciplinary measures must be for "cause" which is conduct related to the employee's job duties, job performance or working relationships that is detrimental to the discipline and efficiency of the service in which the employee is or was engaged.

The disciplinary actions must be progressive in nature, beginning with the least severe appropriate action and progressing to the more severe, for repeated instances of poor job performance, or for repeated violations of the same rule or standard. However, progressive discipline need not be used when an infraction or a violation is of a serious nature or when an employee is in the initial probationary period.

Disciplinary actions that result in suspension without pay, demotion, or dismissal may be appealed by the employee to Human Resource Management Services (HRMS). The employee must first complete the agency’s grievance procedure before appealing to HRMS or the employee may request a waiver of this requirement. Appeals must be submitted to the Director of HRMS within 15 working days of an employee’s receipt of the results of the agency grievance procedure, or within 15 working days from the date of the waiver. An additional fifteen working days is not available if the requested waiver is denied.

Written documentation is required to support all disciplinary actions.

Recommendations

The most effective approach to use in applying discipline is to focus on correcting the inappropriate behavior.

Discipline should always be administered in an appropriate setting and after the relevant facts have been determined.

References

NDCC 54-44.3-12(1)
NDAC 4-07-19
NDAC 4-07-20.1

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