Checklist of concerns related to performance discharges

While all situations that could occur in the workplace can not possibly be anticipated, the following is a list of things that should be considered. If any answer makes the decision to terminate suspect, you’ll need to consult with in-house counsel or outside counsel immediately, as appropriate. Concerns that should be addressed in a performance discharge decision (see also the list of general concerns at ¶67,056A ):

• Do the evaluations support the decision?

• Was the employee not only told of deficiencies but also advised how to improve and when he or she needed to meet expectations?

• Did the employee ask for help and was denied (e.g., refusal to provide training)?

• Is the articulated reason for the discharge the real reason?

• Is the deficiency capable of objective measurement, or are the criticisms at least specific (e.g., bad attitude vs. employee refused to assist customer)?

• Does the employee's overall documented record support the decision (e.g., the employee just received a merit raise)?

• Was the employee ever told that failure to improve would result in termination?

• Is this action consistent with prior incidents of a similar nature?