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

3. Did they get at least 1 written warning? (Most judges like to see 3 written warnings)

4. Was the employee ever suspended? (How long? How many times?

5. Did the employee know your standards for behavior or performance? (Who explained this?)

6. Did they have a chance to take corrective action? (What is in the written record?)

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

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

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

10. Did some new policy/procedure/rule affect this employee? (Who explained it?)

11. Did the employee seek help from a manager or supervisor who failed to give it? (Is there any supervisory bias, prejudice or favoritism?)

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

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

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

15. Will this 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? (What will the jury think?)

18. Is anything in disciplinary records back-dated? (If "yes" you will lose!)

19. Did the employee get regular, on-time job appraisals. (Have supervisors an other bosses ever been trained to appraise performance?). Did the employee ever get a customer compliment, commendations, promotions, raises or bonuses that would dispute 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 there factors that justify a lesser penalty?
    Do you have written records that will support termination?

If it isn't written down, it never happened!

21. Were any promises ever made about the length or continuation of employment? Who made them? (Is there supervisory bias, prejudice or favoritism?)

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 these promises?)

25. Did any document (such as performance review) suggest that the employee had a contract of employment? (Example: "Your salary is being increased to $50,000 a year with a $10,000 bonus in December" -- or did anyone ever say or 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 depended on 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 one or two years? (For employees who have been here for 7-10-15 years, you must be 100% certain that termination is justified because the jury will think we are cruel.)

29. Did the employee ever:
    Engage in "protected activity"? (Urging greater safety, more breaks or paid holidays, higher pay, better benefits?) 
    Engage in union organization activity?
    Speak up for another employee who was being unfairly disciplined? (Do we have supervisory bias, prejudice or favoritism?)

30. Did the employee’s status (below) affect the termination?
    Race? Sex (were there presumptions of physical weakness, reproductive concerns, child-care responsibilities, harassment)?
    Marital status (travel or shift work)?
    Nepotism (This is avoidable -- we are not GovGuamCo!)?
    National origin or ancestry? (guess what kind of people will be on the jury?)
    Religion (accommodation to religious holidays)?
    Age ("...time and technology are passing her by...")?
    Disability (have accommodations been made)?
    Veteran status (or membership in the reserve or National Guard)?
    Garnishment (a sign of personal financial 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?

31. Before you fire anyone, call an attorney, tell your angry tale -- and listen carefully when the lawyer starts using these words and phrases:

    Terms of the employment contract
    Unjust or abusive dismissal
    Breach of  the covenant of good faith and fair dealing
    Negligent, and/or intentional infliction of emotional distress
    Libel, slander, defamation
    Violation of public policy
    Unlawful discrimination based on age, race, sex, national origin, religion,  disabilty, civil or veteran's status...

Protect yourself -- stupid mistakes can cost your employer more money than you will earn in 3 to 5 years!