Limits of Progressive Discipline in New Jersey Civil Service Law Addressed by Appeals Court
Progressive Discipline
Progressive discipline is a principle followed in New Jersey employment law, in both civil service and non-civil service jurisdictions, including public schools. In progressive discipline, a public employee’s prior disciplinary history will be considered in determining the appropriate penalty for disciplinary violations. Thus, a government employee with a clean disciplinary record would receive a lesser penalty for the same violation for which another employee with previous discipline would receive a harsher penalty. For example, an employee who was late for the first time might receive no discipline, while one who has been late fifty times in a year might be terminated. Even with first offenses, however, some infractions are so severe that major discipline, even termination, may be appropriate for a first offense.