Checklist of concerns related to disciplinary discharges

While all situations that could occur in the workplace can not possibly be anticipated, the following is a list of things that should be considered. If any answer makes the decision to terminate suspect, you’ll need to consult with in-house counsel or outside counsel immediately, as appropriate. Concerns that should be addressed in a disciplinary discharge decision (see also the list of general concerns at ¶67,056A ):

• Was the rule known to the employee? Was the rule published? Was the practice consistent with the rule?

• Have appropriate disciplinary steps been followed (e.g., oral, written, final written)?

• Did the employee have an opportunity to take constructive action?

• Are the witnesses credible?

• Was the information regarding the infraction obtained lawfully (e.g., polygraph, drug or alcohol test, private investigator surveillance, body search)?

• Is the documentation in order?

• Does the employee's overall documented record support the decision (e.g., employee just received congratulatory letter and merit raise for outstanding performance)?

• Is this action consistent with prior incidents of a similar nature?