• How does your case rate against this criteria? 
• Ask these questions now or pay the piper on the witness stand. 
• Here is what you can expect a good plaintiff's attorney to ask.
• If you feel good about these issues then you can proceed to the next section on conducting the separation meeting.
   
  • Is the rule published? 
    • If so, where?  
    • Does it specify the penalty?
    
    
  • Is it posted on company bulletin boards?
  • Is the rule stated in easy-to-understand language?
  • Did the employee know about this rule?
  • Did this employee ever receive a personal copy of the rule violated?
  • Is the violated rule or order reasonably related to the orderly, efficient and safety operation of the business?
  • If the other employees have violated this rule or order, did they receive the same disciplinary action as the employee?
  • Has the employer done anything to support a reasonable belief that such action was condoned?
  • Does the company maintain factual records on all employees covering all violations of this rule or order? 
    • Can it be proven that all employees were treated alike?
    
    
  • How does the record of this employee compare to the record of other employees who have violated this rule or order?
  • Has this employee in the past ever received a written reminder concerning a violation of this rule or order?
  • Has this employee ever received a final reminder for the violation of this or any other published rule or order?
  • Was the incident which triggered the final reminder or discharge carefully investigated prior to taking serious or final disciplinary action?
  • Was the incident which triggered the final reminder or discharge carefully investigated prior to taking serious or final disciplinary action?
  • Is there a factual, written record showing the steps taken by the company to correct this employee’s improper actions prior to serious disciplinary action?
  • Does company evidence include names of witnesses, dates, times and places and other pertinent facts on all past violations, including the last one?
  • Have you considered the: 
    • seriousness of the proven offense
    • the employee’s past record
    • length of service in deciding upon the proper discipline
    
    
  • Did the employee offer any excuses or mitigating circumstances to justify the action in this instance?
  • How soon after the act in question is the discipline being administered?

After reviewing these areas, note any concerns, investigate, resolve and conduct discharge proceeding accordingly.

Copyright OneStopHR^®, Inc. 1998