As an employer, it is your duty to discipline erring employees, which sometimes lead to termination of employment. Despite having set the rules and standards for conduct and behavior, some employees continue to violate them and file claims after being disciplined.

How will you reduce your liability for discipline and discharge?

An employee who had been disciplined or discharged may file a variety of claims after being punished.

Here are some of them:

• Contract claims – Firing an at-will employee without cause may lead you to trouble. California employers often have at-will employees sign a written acknowledgment that the company can dismissed them with reasonable cause. Hence, before disciplining an employee, you must know his relationship and contract with the company.

• Discriminatory and other statutory claims – To avoid being sued for these claims, you must ensure that company policies are uniformly enforced.

Gathering and Documenting the Facts

To reduce your liability for claims as a result of disciplining an employee, you must investigate the employee’s mistakes first before making an action. Supervisors and employees who witnessed the misconduct of another must be interviewed. The accused employee must be given a chance to explain his side.

After investigating the incident, the employer must carefully make a note or record of the circumstances and facts. A document or report written shortly after the event would make a good basis for future investigations.

Denying Benefits to an Employee

Unemployment benefits should be not withdrawn from an employee who was discharged. To be able to do that, you must prove that the employee voluntarily quit or committed "willful and wanton misconduct". Poor performance of an employee is not sufficient ground to deny his benefits.

When Firing an Employee

Firing an employee is a difficult task. Some discharged employees file a suit to get even after being embarrassed during the termination process. In order to avoid this, you should treat a fired employee with respect and dignity.

In breaking out the news of an employee’s termination, you must say it directly and explain the reason why he is being discharged. Keep the meeting short and have two other employees to stand as witness during the proceeding.

Disciplining and discharging employees can often lead to lawsuits and litigation. You can avoid the hassles of a lawsuit or defend your position in a case if you investigate the matter first before taking action. It is necessary to document the incident, record the facts, and act according to the judgment based on the findings.