2. Was the employee given at least 3 verbal warnings?

3. Did they get at least 1 written warning?

4. Was the employee ever suspended?

5. Did the employee know your standards for behavior or performance?

6. Did they have a chance to take corrective action?

7. Has the CEO personally listened to the employee’s side of the story?

8. Have you fired other employees who did the same thing?

9. Is there possible supervisory bias, prejudice or favoritism?

10. Did some new policy/procedure affect this employee?

11. Did the employee seek help from a manager or supervisor who failed to give it?

12. Was the employee denied benefits (example: leave to do Guard/Reserve service, attend drug rehabilitation)?

13. Has the employee been (or will the be) defamed, slandered or libeled?

14. Will this termination offend public policy? Examples:
    Terminated for refusing to break the law?
    Terminated for reporting OSHA, FLSA, violations?
    Terminated for union activity?

15. Will termination block eligibility for:
    Retirement benefits?
    Bonuses?

16. Will termination save the company money by depriving the employee of a benefit? (Example: firing a cancer victim to cut costs for your medical plan.)

17. Is the stated reason given for the termination the real reason, or just a pretext?

18. Is anything in disciplinary records back-dated?

19. Did the employee get regular, on-time job appraisals (have bosses even been trained to appraise performance?). Did the employee ever get a customer compliment, commendations, promotions, raises or bonuses that would shoot-down the stated reasons for termination?

20. If the employee was accused of fraud or theft, did a fair, impartial investigation support the allegations?
    Were witnesses credible?
    Were the factors that justify a lesser penalty?
    Do your written discipline records support termination? (If it isn't written down, it didn't happen!)

21. Were any promises ever made about the length or continuation of employment? Who made them?

22. Did the employee give up another job (this one is important) based on your promises or representations?

23. Did the employee relocate their residence (double important) to accept employment with you?

24. Has the employee been promised a benefit at a particular time?
(Examples: job tenure; a raise after X months; a bonus at year-end; stock options next year.) Who made the promise?

25. Did any document (such as performance review) suggest that the employee had a contract or employment? (Example: "Your salary is being increased to $50,000 a year with a $10,000 bonus in December" -- or did anyone ever say/write something like: "...you are an excellent employee who will always have a place here...")

26. Was the employee ever told that continued employment was at the company’s discretion or business needs?

27. Was the employee ever given examples of conduct that would result in termination?

28. Has the employee worked here for more than 1-2 years? (after 7-10-15 years, management better be rock-solid justified)

29. Did the employee ever:
    Engage in "protected activity" like urging safety, more breaks, higher pay, better benefits? 
    Engage in union organization activity?
    Speak up for another employee who was being disciplined?

30. Did the employee’s status (below) affect the termination?
    Race? Sex (presumptions of physical weakness, reproductive concerns, child-care responsibilities, harassment)?
    Marital status (travel; shift work)?
    Nepotism (avoidable)?
    National origin or ancestry? (guess who will be on the jury)
    Religion (accommodation to religious holidays)?
    Age ("...time and technology are passing him by...")? Does the employee speak/read/write HTML?
    Disability (have accommodations been made)?
    Veteran status (or membership in the reserve or National Guard)?
    Garnishment (a sign of irresponsibility)?
    Citizenship or nationality?
    Criminal convictions? (Big stuff or misdemeanors?)
    Workers Compensation claims?
    Union advocate?
    Retaliation for exercising their rights or filing complaints or claims? (Retaliation is a tough one -- the US Supreme Court will clarify next term)

31. Before you take final action, call an employment attorney -- listen carefully when they start using these words and phrases:

    Breach of employment contract
    Employment discrimination
    Breach of covenant of good faith and fair dealing
    Unjust or abusive dismissal
    Negligent or intentional infliction of emotional distress
    Slander, defamation, libel
    Violation of public policy

This file is updated after each Guam case
and out of court settlement we hear about