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The Loudermill letter fulfills the requirement of (written) notice, and should include an explanation of the employer's evidence ("to act as a check for mistaken accusations"). To fulfill the remaining Due Process requirements, a Loudermill letter will also have to inform the employee of his opportunity for a Loudermill hearing .
Counseling statements, the least severe form of disciplinary action, serve as warnings for violations. [2] Counseling statements generally include the exact violation and show how one can prevent committing that violation in the future, and they improve employee performance. [ 2 ]
Prior to the hearing, the employee must be given a Loudermill letter–i.e. specific written notice of the charges and an explanation of the employer's evidence so that the employee can provide a meaningful response and an opportunity to correct factual mistakes in the investigation and to address the type of discipline being considered.
The order of severity for formal written administrative action is: a letter of counsel (least severe) a memorandum of concern; a letter of admonishment; a letter of reprimand. A letter of reprimand may be issued in lieu of punishment under Article 15 of the Uniform Code of Military Justice. A formal letter of reprimand is placed in the service ...
The employees were entitled to oral or written notice of charges against them, an explanation of the employer's evidence, and an opportunity to present their sides of the story. Because the respondents alleged that they had no chance to respond, the District Court erred in dismissing for failure to state a claim.
Was the degree of discipline reasonably related to the seriousness of the employee's offense and the employee's past record? The last test, the degree of discipline, is important because arbitrators want to ensure that the "punishment fits the crime." An employer's use of progressive discipline often gives the employer an advantage in arbitration.