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Employee Discipline “Just Cause” Checklist

March 14, 2008

Before deciding to discipline or discharge an employee, employers should ask themselves the following seven questions:

1. Notice: Did the Employer put the employee on notice of the rule and the possible consequences for violating the rule?

2. Reasonableness: Was the Employer’s rule or work order reasonably related to the orderly, efficient and safe operation of the business, and the performance that the Employer might properly expect of the employee?

3. Investigation: Did the Employer, before imposing discipline, make an effort to discover whether the employee did in fact violate a rule or commit misconduct? Did the employer confront the employee and obtain “their story”?

4. Fair & Objective: Was the Employer’s investigation conducted fairly and objectively?

5. Proof: Did the investigation produce substantial evidence that the employee was guilty of misconduct?

Information courtesy of What Every Business Manager and HR Professional Should Know About Federal Labor and Employment Laws

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