This is a summary of one of many aspects of  employment regulation in the United States and its territories. Employers should consult an attorney who specializes in labor and employment law about questions applicable to your specific industry.

Terminating employees can bring you a world of trouble. Unless you OWN the enterprise, (and even if you do), don't fire anyone until you read our checklist. If you have a ton of $100 bills and don't care about really bad publicity, then pay no attention to any of this.

SAMPLE DISCIPLINARY PROCEDURE

Step 1. Verbal Warnings and Counseling by the employee's supervisor. Unsatisfactory performance or improper conduct is discussed privately on an informal basis. A written report of this action is filed.

Step 2. Written warnings. More serious violations are documented and the employee is given a written warning.

Step 3. Suspension without pay. If verbal warnings, counseling and written warnings do not result in a change in behavior, the employee is suspended without pay for a time, depending on the seriousness of the offense.

Step 4. Termination.  Terminations should first involve a review of the record by your attorney, an interview with the employee and then formal discharge (with a letter of termination). Authority to terminate must be reserved to the principal company official; not underlings.

Conduct subject to disciplinary action:

1. Theft, dishonesty, falsification of information.
2. Insubordination, tardiness or failure to report for work.
3. Possession or use of deadly weapons in the workplace.
4. Fighting, sexual harassment or discriminatory activity.
5. Discourtesy to customers, clients or co-workers.
6. Being under the influence of or in possession of alcohol or drugs during work-time.
7. Negligence, refusal to obey instructions, destruction of property or gross misconduct.
8. Any behavior, during or outside work-time that may bring discredit to (Company name).

Make sure employees know that these are just a few examples of things that will bring about disciplinary action, the list is not all-inclusive. NOTE: In cases involving theft, dishonesty, falsification of information, alcohol, controlled substances, weapons, fighting or harassment, a single offense should result in immediate suspension and later, termination.

Have you bothered to look at the Termination Checklist?

9/7/05