This checklist is only an illustrative example of some of the issues which should be examined by an employer before imposing discipline or termination. The checklist should be modified and revised as appropriate to your business operation.

1. Has the employee's conduct violated a written rule or standard of performance developed to guide employee conduct in the workplace?

2. If so, has the work rule or standard of conduct been distributed in the workplace? (Specifically, has this employee received a copy of the work rule allegedly violated?)

3. Has the employee signed some type of "acknowledgment" of the work rule verifying that the employee has been made aware of the existence of the rule?

4. With regard to the specific incident in question, has the employer conducted a thorough investigation to verify the facts substantiating the alleged violation?

5. Does the personnel file contain appropriate documentation verifying the facts establishing violation of the work rule or standard? Is the employer's decision to discipline based upon compiled facts (as opposed to inference, suspicion or emotion)?

6. Has the employer followed the procedures of the progressive disciplinary system (where appropriate)?

7. Has the employee been given sufficient opportunity to rectify the offending behavior?

8. Was a specific timetable set governing the period of time available to the employee for correcting the deficient performance?

9. Was the employee given an opportunity to be heard concerning the violation of the work rule or standard?

10. Was the employee's position given adequate consideration and evaluation?

11. Were any "mitigating" or exceptional personal circumstances given consideration?

12. Is it possible that some other form of action or discipline might be appropriate under the circumstances (i.e., transfer, demotion, etc.)?

13. Is the discipline assigned in this case consistent with past practice for similar violations?

14. Has the company uniformly and consistently imposed this type of discipline in other cases?

15. Could an impartial finder of fact conclude that the discipline imposed in this case was "fair" under all the circumstances?

16. Has the discipline been discussed with, and reviewed by, upper management?

17. Has the company appropriately prepared for the disciplinary/termination conference?

18. Have arrangements been made to have a witness present at the conference, if necessary?

19. Has the disciplinary conference been arranged at a time and place appropriate under the circumstances?

20. If the employee is to be terminated, have arrangements been made to escort the employee from the facility in an appropriate manner?

21. If the employee is to be escorted from the premises, have arrangements been made for returning to the employee any and all personal property at an appropriate time?

22. If the employee is to be terminated, has the company made arrangements for payment of the employee's final check and other compensable benefits?

23. Has the company made arrangements for return of any and all company property, including physical equipment and keys, as well as proprietary information, software, etc.?

24. Has the company prepared explanations pertaining to continuation of health insurance under COBRA and other applicable benefits information?

25. Will the company be conducting an exit interview in conjunction with the disciplinary conference?

26. Has the company determined what information concerning the disciplinary incident, if any, will be disseminated to other members of the workforce?

27. Has the company taken steps to ensure that information pertaining to the discipline and/or termination is to be held as confidential with only those employees having a "need to know" being given access to the information?

28. In a termination incident, has the company determined how it will handle reference inquiries concerning the employee in question?

29. If references are to be disseminated, does the company have a validly executed waiver and release from the employee in question?

30. Are there any other factors or issues which need to be examined before the company is in a position to take the disciplinary action in question?