Q.   

Regarding a personnel issue, I am trying to research and gather more information regarding the "at will" relationship for employees in my state.  We have used the term in our policies but I question if we are using it properly since we also have a progressive disciplinary procedure.
 

A.

Your center has a progressive discipline policy which is phrased in nonmandatory language. 

It is recommended that your personnel manual contain a disclaimer that nothing contained in the manual is intended to create an employment contract or a specific employment term and that each of the policies may be amended at any time within the discretion of the Center. 

Additionally, the progressive discipline policy should at a minimum contain a provision indicating that the specifics of progressive discipline are meant as guidelines and do not create any right to any specific discipline. Further, I suggest that the policy contain a provision indicating that it is impossible to anticipate ahead of time all events and degrees of conduct and that the discipline imposed in any particular circumstance is solely within the discretion of the center. 

Of course it is important to apply discipline uniformly rather than selectively.  Therefore, you might consider a discipline log which describes by date the circumstances of misconduct and the discipline imposed.  In this way, you can look back to determine the discipline which has been imposed in the past and make any current discipline consistent.  I also refer you to the Mental Health Risk Retention Group loss prevention video and workbook on "Avoiding Liability for Wrongful Discharge".