Before an organization decides to terminate an employee for performance reasons there are several issues to consider:

• Thoroughly investigate and review the facts. If action is required after a major incident, walk away from the situation for a brief cool down period before making any important decisions. If suspension of the employee is necessary to allow time for the investigation, then consider that alternative.
• Allow time for all parties to review the details of the situation.
• Find and obtain statements from witnesses, if applicable.
• Talk with the employee to get his/her perspective.
• Obtain and review all related current and prior documentation.
• Outline the facts of the most recent situation.
• Examine the employee's previous discipline history.
• Examine records of employees with similar infractions and compare the discipline imposed then with the disciplinary action considered now.
• Determine if the employee is in a protected class. If so, determine if there has been disparate treatment (intentional) or treatment that has resulted in disparate impact (not intentional, but nevertheless discriminatory) for this employee.
• Review the facts of the investigation with an objective third person.
• Pinpoint the basis for the possible discharge.
• Determine if the discharge violates any federal or state laws.
• Discuss your decision with an HR professional, employment attorney, corporate counsel, or final decision maker.
• Determine the best time and place and carry out the discharge calmly, in a direct but compassionate manner. Consider including a witness in the meeting, if appropriate.
• Document what was said and what was done at the termination meeting.

Excerpted from "Conducting Lawful Terminations" by Francis T. Coleman, Alexandria, VA: SHRM Foundation, 1995 (this book is out of print).

Please Note: This material is provided as general information and is not a substitute for legal or other professional advice. Contact the Knowledge Center for more information.

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