Employee Discharge Checklist

The conclusion to discharge an employee requires careful consideration and evaluation of all
relevant documents and other information supporting the decision. This checklist should be used
to make available the facts surrounding this action including documentation that senior
management needs to approve discharge measures making every effort to be fair, consistent and
acting in a manner that is non-discriminatory. Check off each item as you consider the question
or gather documentation in support of the discharge.

 How long has the employee been employed?

 Does the employee have a written contract? (If yes, review the terms).
 How long has this employee had the same supervisor?
 Have other supervisors (if applicable) had the same experience with this employee?
 Was the rule the employee violated a published rule?

How? _____________________________
Where? _____________________________
When? _____________________________

 Did the employee ever receive a written copy of the work rule, such as in the employee
handbook or posted in a place easily accessible by all employees?

How? ____________________________
Where? ____________________________
When? ____________________________

 Have other employees violated this rule? If yes, list the age, gender and race of the
individuals and the disciplinary actions taken with them.

 Is the employee a member of a protected group? If so, is the decision to terminate this
employee any different than decisions made regarding non-minority employees?

 Does the employee have a recognized disability? If yes, what accommodation has been
attempted or granted to the individual?

 Does a review of the list indicate that the decisions were unbiased and consistent?

 If previous actions taken are different from what is contemplated for this employee, indicate
reasons that justify taking a different action with this employee.

 If the decision to discharge is based on poor performance, has the employee been given an
opportunity to improve? What previous corrective actions have been taken with the
employee? What genuine evidence do you have?

 Attach any supporting documentation.

 Has the employee been warned previously for violation of this rule or standard of conduct?
Who did it? Attach a copy of the warning notice.
 What is the employee’s disciplinary record during the past twelve months? Was this issue or
other issues addressed in the last written performance review? Attach a copy of the review.

 What other alternatives to discharge have been considered?

Last chance agreement ______

Demotion ______
Option to resign ______
Settlement agreement ______

 List reasons why you feel discharge may be the only appropriate action to take with this
employee.

 Has this employee received letters of commendation, promotions, or performance reviews?

 Has the employee filed or threatened to file any kind of claim against the organization such
as workers’ compensation, benefit pay claim, discrimination charge that could provide the
basis for a wrongful discharge claim of retaliation?

 Has the employee ever complained about policies of the organization or raised concerns
about organization activities perceived to be illegal or immoral?

What?

When?

What was the organization’s response to the issues raised?

What was the employee’s reaction to the organization’s response?

 Has the incident that triggered this disciplinary action been carefully investigated?

 Was the employee’s version of the incident obtained?

 What differences of opinion, if any, between the employee and the supervisor surfaced during
the investigation?

 Does the evidence submitted in support of the intent to discharge the employee include
names of witnesses, dates, time places and other pertinent factors on all past violations?

 Have the rules and standards been applied consistently and in an unbiased manner?