Discipline and termination should always be well-documented, but how exactly? Adam Rosenthal, an attorney with Sheppard Mullin in San Diego and Los Angeles, provided some tips on such documentation during a June 14 concurrent session at the SHRM Annual Conference & Expo 2022 in New Orleans.

Disciplinary issues became particularly acute during the pandemic, according to one school administrator from Texas attending the session, called "The Art of Disciplining, Separating and Laying Off Employees: Ethical Considerations and Effective Strategies for HR Professionals and In-House Attorneys in Workplace Investigations and When Making Difficult Personnel Decisions." She told SHRM Conference Today that some teachers refused to wear masks or they let their students not wear masks, despite school rules. These acts rose to the level of insubordination, and discipline had to be considered, she noted.

Documentation

Five things every disciplinary documentation should include, according to Rosenthal, are:

• Evidence that prior to the write-up, the employee knew the employer's expectations.
• Evidence that the employer's expectations were appropriate, lawful and consistent with the job duties and business needs.
• Evidence that the employee did not meet the employer's expectations.
• A clear statement of the employer's expectations going forward.
• A clear statement regarding the consequences of failing to meet the employer's expectations.

The first of these is particularly important,...

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