What Are Disciplinary Infractions? Definition, Examples & Guide

What Are Disciplinary Infractions?

Disciplinary infractions are violations of workplace policies, performance standards, or conduct expectations that warrant corrective action from supervisors. These violations range from minor issues like occasional tardiness to serious misconduct like theft or workplace violence, requiring proportional disciplinary responses from verbal counseling to immediate termination.

Organizations use progressive discipline systems to address infractions consistently and fairly, escalating consequences for repeated violations while giving employees opportunities to correct behavior. Proper documentation at each disciplinary step protects employers from wrongful termination claims and unemployment disputes while ensuring equitable treatment across the workforce.

Quick Answer

Disciplinary infractions are policy violations warranting corrective action through progressive discipline (verbal warning → written warning → final warning → termination). Proper documentation and consistent application prevent legal issues and ensure fair treatment.

According to Society for Human Resource Management research, 62% of organizations use formal progressive discipline systems. Organizations with documented discipline policies experience 45% fewer wrongful termination claims and prevail in 78% of contested unemployment claims, compared to 41% without formal documentation.

What Are Common Types of Disciplinary Infractions?

Attendance Infractions

Typical violations:

• Tardiness: Arriving late to scheduled shifts repeatedly
• Excessive absences: Exceeding allowed call-offs without proper notice
• No-call/no-show: Failing to report for work or notify supervisor (may lead to job abandonment)
• Early departure: Leaving before scheduled shift end without approval
• Extended breaks: Exceeding allowed break times regularly

Progressive response example:

• 1st occurrence: Verbal counseling
• 3rd occurrence within 90 days: Written warning
• 5th occurrence: Final written warning
• 7th occurrence: Termination

Organizations managing night shift jobs should ensure consistent attendance standards across all shifts.

Performance Infractions

Quality and productivity issues:

• Missed deadlines: Consistently failing to complete tasks on time
• Quality errors: Frequent mistakes or rework requirements
• Productivity deficiencies: Not meeting established performance standards
• Incomplete work: Leaving tasks partially done without communication
• Customer complaints: Repeated negative customer feedback

Progressive response: Performance improvement plan (PIP) with specific goals, timeline for improvement, and consequences if standards aren’t met.

Conduct Infractions

Behavioral violations:

• Insubordination: Refusing direct reasonable work orders from supervisors
• Disrespectful behavior: Rudeness, hostile communication, undermining authority
• Harassment: Unwelcome conduct based on protected characteristics
• Bullying: Repeated mistreatment of coworkers
• Gossip and rumors: Spreading false or damaging information about colleagues
• Unprofessional language: Excessive profanity or inappropriate comments

Severity varies: Minor disrespect may warrant verbal warning, while harassment or threats may justify immediate termination.

Policy Violations

Rule infractions:

• Dress code violations: Failing to follow appearance or uniform standards
• Cell phone policy: Using personal devices during prohibited times
• Social media misuse: Posting confidential information or disparaging content about employer
• Working off the clock: Performing work without recording time (despite being prohibited)
• Unauthorized overtime: Working overtime without approval

Response: Typically starts with verbal reminder of policy, escalates with repeated violations.

Safety Violations

Workplace safety infractions:

Safety violations require immediate correction regardless of progressive discipline status.

Serious Misconduct (Immediate Termination)

Fireable offenses without progressive discipline:

• Theft: Stealing from employer, customers, or coworkers
• Fraud: Falsifying time records, expense reports, or other documents
• Violence: Physical assault or threats of violence
• Drug/alcohol intoxication: Being under the influence at work
• Gross insubordination: Severe refusal to follow lawful directives
• Confidentiality breaches: Unauthorized disclosure of trade secrets or sensitive data

These infractions typically bypass progressive discipline due to severity.

What Is Progressive Discipline?

Four-Step Progressive Discipline

Standard framework:

Step 1: Verbal Warning

Characteristics:

• Informal conversation between supervisor and employee
• Document conversation in supervisor’s notes or employee file
• Explain specific infraction, expected behavior, and consequences of repetition
• Give employee opportunity to explain and ask questions

Documentation example: “Verbal counseling given to John Smith on 11/14/2025 for tardiness. Employee arrived 25 minutes late without prior notification. Expectations reviewed: arrive by scheduled start time or call supervisor if running late. Next occurrence will result in written warning.”

Step 2: Written Warning

Characteristics:

• Formal written document detailing infraction
• Includes specific dates, times, and description of violation
• States previous verbal warning(s) and lack of improvement
• Explains expected behavior and timeline for correction
• Warns that failure to improve will result in further discipline
• Employee signature acknowledging receipt (refusal noted if employee won’t sign)

Remains in file: Typically 12–24 months

Step 3: Final Written Warning

Characteristics:

• Last step before termination
• Reviews previous warnings and continued infractions
• Makes clear this is final opportunity to correct behavior
• Specifies exact expectations and monitoring period
• States explicitly that termination will result from any further violation

May include: Suspension (paid or unpaid) for serious infractions, performance improvement plan with specific metrics.

Step 4: Termination

Characteristics:

• Employment ended due to failure to correct behavior after progressive discipline
• Termination meeting with supervisor and HR present
• Final paycheck processed according to state law
• Company property collected
• COBRA and unemployment information provided

Organizations should coordinate termination procedures with reduction in force and job abandonment separation processes.

When to Skip Steps

Accelerated discipline for:

• Serious infractions: Harassment, safety violations, insubordination may warrant skipping to written or final warning
• Repeated similar violations: Multiple different infractions may accelerate progression
• Critical roles: Performance issues affecting patient safety, financial accuracy, or critical operations
• Short timeframes: Multiple infractions within brief period compress progression

Alternative Approaches

Positive discipline: Focuses on employee ownership of improvement rather than punitive measures, using decision-making leave instead of suspension.

Performance improvement plans (PIPs): Structured 30–90 day improvement periods with specific goals, check-ins, and support for performance infractions.

What Are Documentation Best Practices?

Essential Documentation Elements

Every disciplinary action should include:

1. Employee identifying information: Name, ID, position, department
2. Date and time: When infraction occurred and when discipline administered
3. Specific infraction description: Detailed factual account of what happened
4. Policy violated: Reference to handbook policy or standard violated
5. Previous discipline: Summary of prior warnings for same or related infractions
6. Expected improvement: Clear statement of required behavior change
7. Consequences: What will happen if behavior isn’t corrected
8. Employee statement: Space for employee to provide their perspective
9. Signatures: Employee (acknowledging receipt, not agreement), supervisor, HR witness

Use Objective Language

Effective documentation:

• Specific facts: “Arrived 25 minutes late on 11/14/2025” not “always late”
• Observable behavior: “Used profanity in front of customers” not “has bad attitude”
• Measurable standards: “Completed 45 units vs required 60” not “low productivity”
• Avoid assumptions: Don’t speculate on motivation or intent

Poor example: “Employee has terrible attitude and doesn’t care about work.”

Good example: “Employee refused direct instruction from supervisor on 11/14/2025 at 2:15 PM to complete inventory count, stating ‘I’m not doing that, find someone else.’ Violates company policy 3.4 requiring employees to follow reasonable work directives.”

Maintain Consistency

Document all infractions:

• Don’t selectively document only for certain employees
• Apply same standards across all team members
• Use similar discipline progression for similar infractions
• Avoid arbitrary or disparate treatment

Legal risk: Inconsistent documentation suggests discrimination, creating liability in wrongful termination or discrimination claims.

Organizations tracking employee directories should maintain separate confidential discipline files with restricted access.

Secure Storage

Confidentiality requirements:

• Store discipline documentation in confidential employee files separate from general personnel files
• Limit access to HR, direct supervisor, and senior management on need-to-know basis
• Maintain both physical and electronic backups
• Follow retention policies (typically 3–7 years after termination)

What Are Legal Compliance Considerations?

Equal Employment Opportunity Commission (EEOC)

Discrimination prevention:

• Apply discipline consistently regardless of protected characteristics (race, sex, religion, age, disability, etc.)
• Review discipline patterns for disparate impact on protected groups
• Document legitimate business reasons for all discipline decisions
• Investigate harassment and discrimination complaints promptly

Red flag: If 80% of written warnings go to one protected group despite them representing 30% of workforce, investigate for potential discrimination.

National Labor Relations Act (NLRA)

Union and protected concerted activity:

• Cannot discipline employees for discussing wages, working conditions, or other protected concerted activities
• Union environments require following collectively bargained discipline procedures
• Weingarten rights: Union employees can request representative during investigatory meetings

Example: Employee complaining to coworkers about wages is protected activity, cannot be disciplined even if complaint violates “no negativity” policy.

Americans with Disabilities Act (ADA)

Accommodation requirements:

• Consider whether poor performance relates to disability requiring accommodation
• Conduct interactive process before discipline for disability-related performance issues
• Don’t discipline for conduct that is manifestation of disability without first attempting reasonable accommodation

Example: Employee with anxiety disorder has attendance issues. Before progressive discipline for attendance, explore reasonable accommodations like flexible start times or intermittent FMLA.

State-Specific Protections

Examples of state requirements:

• California: Protects off-duty legal conduct, political activities
• New York: Protects off-duty legal recreational activities including marijuana use
• Colorado: Protects lawful off-duty activities
• Montana: Requires good cause for termination after probationary period

Consult employment attorney for state-specific compliance requirements.

Organizations offering floating holidays should ensure discipline for attendance doesn’t interfere with religious accommodation.

How Long Do Disciplinary Infractions Stay on Record?

Active Discipline Periods

Expiration and Clean Slate

After active period:

• Remove expired warnings from consideration for future discipline progression
• May keep in archival file for legal protection (wrongful termination defense)
• Reset progressive discipline to step 1 for new infractions after expiration

Example: Employee receives written warning on 1/1/2024 for attendance. Policy states written warnings expire after 12 months. On 2/1/2025 (13 months later), employee has another attendance infraction. Since prior warning expired, this is treated as first occurrence, receiving verbal warning rather than final warning.

Documentation Retention

Legal retention requirements:

• Keep termination documentation minimum 3 years (EEOC requirement)
• Some states require longer retention (e.g., California 4 years)
• Maintain expired warnings in archival files as legal protection
• Never destroy documentation for pending or threatened litigation

Organizations managing temporary employment should clarify whether progressive discipline transfers if temps convert to regular employees.

How Do You Apply Discipline Consistently?

Establish Clear Policies

Written handbook requirements:

• Define common infractions and typical discipline responses
• Explain progressive discipline steps
• List immediate termination offenses
• Clarify that policies are guidelines, not contracts
• Reserve right to use judgment for individual situations

Train Supervisors

Manager education on:

• Recognizing infractions requiring discipline
• Conducting discipline conversations professionally
• Documenting thoroughly and objectively
• Applying discipline consistently across team
• When to involve HR or senior management

Review Before Finalizing

HR approval process:

• Require HR review before issuing written warnings or terminations
• Check employee’s complete discipline history
• Verify similar situations were handled similarly for other employees
• Ensure documentation is thorough and objective
• Confirm legal compliance and policy adherence

Audit Discipline Patterns

Regular review of:

• Discipline frequency by department, manager, and employee demographics
• Time from first infraction to termination by employee group
• Types of infractions most frequently disciplined
• Disparities suggesting inconsistent application or potential discrimination

Organizations using scheduling software can integrate attendance tracking with discipline documentation for seamless record-keeping.

The Bottom Line

Disciplinary infractions are workplace policy violations warranting corrective action through progressive discipline systems: verbal warning, written warning, final warning, and termination. Common infractions include attendance issues (tardiness, call-offs), performance deficiencies (missed deadlines, quality errors), conduct violations (insubordination, harassment), and safety violations, with responses proportional to severity and frequency.

Effective progressive discipline requires thorough documentation including specific facts, objective language, previous warnings, expected improvements, and consequences—with employee signatures acknowledging receipt. Organizations must apply discipline consistently across the workforce to prevent discrimination claims, with HR reviewing discipline patterns quarterly for disparate impact on protected groups.

Legal compliance includes EEOC non-discrimination requirements, NLRA protections for protected concerted activity, and ADA accommodation considerations before discipline for disability-related performance. Documentation retention typically spans 3–7 years after termination, with active discipline periods ranging from 6–12 months for verbal warnings to 12–24 months for written and final warnings.

Try ShiftFlow’s scheduling and performance tracking tools to document attendance infractions, maintain discipline histories, ensure consistent application across shifts, and track expiration dates for progressive discipline steps.

Sources

• Society for Human Resource Management – Employee Discipline
• U.S. Equal Employment Opportunity Commission – Employment Discrimination
• National Labor Relations Board – Employee Rights

Further Reading

• Fireable Offenses – Immediate termination infractions
• Job Abandonment Procedures – No-call/no-show policies
• Call-Off Management – Attendance infraction prevention

Frequently Asked Questions

What are disciplinary infractions?

Disciplinary infractions are violations of workplace policies, performance standards, or conduct expectations warranting corrective action. Common infractions include attendance issues, performance deficiencies, conduct violations, policy breaches, and safety violations addressed through progressive discipline.

What are the steps in progressive discipline?

Progressive discipline typically follows: 1) Verbal warning (documented conversation), 2) Written warning (formal document), 3) Final written warning (last chance before termination), 4) Termination. Serious infractions may skip steps and proceed directly to termination.

What is the difference between verbal and written warnings?

Verbal warnings are documented conversations recorded in supervisor notes. Written warnings are formal documents signed by employee, describing violation, expected improvement, and consequences. Written warnings carry more weight and typically precede termination.

How long do disciplinary infractions stay on record?

Retention varies: verbal warnings expire after 6–12 months, written warnings after 12–24 months, final warnings remain active 12–24 months, terminations stay permanently. Expired warnings may be removed from active consideration but kept in archival files for legal protection.

Can you be fired without warning?

Yes, for serious misconduct like theft, violence, fraud, or gross insubordination. Progressive discipline applies to correctable performance and conduct issues but not severe violations warranting immediate termination without prior warnings.

What should disciplinary documentation include?

Essential elements: employee identification, date/time, specific factual description of infraction, policy violated, previous discipline summary, expected improvement, consequences of continued violations, employee statement opportunity, and signatures.

How do you ensure consistent discipline?

Establish clear policies, train supervisors on documentation and application, require HR review before written warnings or terminations, audit discipline patterns quarterly for disparities, and document legitimate business reasons for all discipline decisions.

What are legal compliance requirements for discipline?

Comply with EEOC non-discrimination requirements, NLRA protections for protected concerted activity, ADA accommodation considerations, and state-specific employment protections. Apply discipline consistently and document thoroughly to defend against wrongful termination claims.