Essential Questions for Justifying Disciplinary Action and Firing an Employee

Brett A. Holubeck
Brett A. Holubeck
Fisher & Phillips LLP

Brett takes a practical approach to counsel and defends businesses and individuals in employment law issues and disputes.

Emma Brockway
Emma Brockway
Fisher & Phillips LLP

Emma Brockway represents a variety of clients in workplace disputes.

On-Demand: February 12, 2025

2 hour CLE

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Program Summary

This CLE webinar provides a comprehensive guide to ensuring fair and legally compliant workplace discipline and termination practices. Key topics include the importance of clear communication and training to ensure employees understand workplace policies, proper documentation of policy delivery and acknowledgment, and tracking violations to address both first-time and repeated offenses. It also covers strategies for progressive discipline, handling sensitive issues such as harassment or discrimination, and the critical role of thorough documentation to protect against legal claims. Additionally, it emphasizes the importance of monitoring post-discipline behavior, assessing termination decisions, maintaining consistency in policy application, and consulting legal counsel in complex or high-risk situations.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Setting the Foundation for Fair Discipline and Termination
    • Was the rule or policy violated known to the employee?
    • Where is the policy located? How did the employee receive the policy?
    • Was this employee’s first violation or were there previous violations?
    • Progressive discipline for routine workplace violations
  • Advanced Considerations in Employee Discipline and Termination
    • Tailored responses to sensitive issues (sexual harassment, discrimination, etc.)
    • Is there written documentation to support the discipline?
    • Monitoring and adjusting after disciplinary action
    • Final considerations: Termination decisions and legal compliance

Closed-captioning available

Speakers

Brett Holubeck_FedBarBrett A. Holubeck | Fisher & Phillips LLP

Brett takes a practical approach to counsel and defends businesses and individuals in employment law issues and disputes. He knows that good preventative measures are crucial to avoiding litigation and improving performance and employee morale. Brett advises employee handbooks, drafts employment agreements, helps ensure compliant policies, and understands the importance of having the right policies and practices in place. He has handled wage and hour, employee leave, noncompete, and labor relations matters, as well as represented companies before the NLRB. Finally, Brett runs his own blog, texaslaborlawblog.com covering various employment and labor law issues.

 

Emma Brockway_FedBarEmma Brockway | Fisher & Phillips LLP

Emma Brockway represents a variety of clients in workplace disputes. Her primary practice includes defending employers against allegations of discrimination, harassment, retaliation, and wrongful termination. Emma also assists the firm’s Workplace Investigations Practice Group with conducting workplace investigations related to allegations of discrimination, harassment, retaliation, fraud, and other prohibited conduct. Prior to joining Fisher Phillips, Emma was an associate at a multi-practice law firm in Houston, Texas, where she focused on employment litigation, civil rights matters, and general personal injury lawsuits. During law school, Emma interned for the Honorable Nancy Johnson of the United States District Court for the Southern District of Texas. Emma also interned at the University of Houston System Office of the General Counsel.

Agenda

I. Setting the Foundation for Fair Discipline and Termination | 1:00pm – 2:00pm

  • Was the rule or policy violated known to the employee?
    • Ensuring employees understand workplace rules and expectations
    • The role of effective communication and training in policy awareness
    • Legal implications of unclear or uncommunicated policies
  • Where is the policy located? How did the employee receive the policy?
    • Distribution methods: Digital vs. printed handbooks
    • Best practices for ensuring employees have access to policies
    • Proper documentation of policy delivery and acknowledgment
  • Was this employee’s first violation or were there previous violations?
    • The importance of tracking violations over time
    • Addressing first-time offenses vs. repeated issues
    • How past behavior impacts disciplinary decisions
  • Progressive discipline for routine workplace violations
    • Why progressive discipline is essential for addressing repeated offenses (e.g., attendance, minor infractions)
    • Structuring progressive discipline to ensure fairness and consistency
    • Legal considerations in applying progressive discipline

Break | 2:00pm – 2:10pm

II. Advanced Considerations in Employee Discipline and Termination | 2:10pm – 3:10pm

  • Tailored responses to sensitive issues (sexual harassment, discrimination, etc.)
    • Legal and ethical considerations for serious violations
    • How to approach workplace issues that require special handling
    • When to escalate and involve legal counsel in sensitive cases
  • Is there written documentation to support the discipline?
    • Importance of thorough documentation for each violation and corrective action
    • Key elements of a strong disciplinary record
    • Protecting against claims of discrimination or wrongful termination through proper record-keeping
  • Monitoring and adjusting after disciplinary action
    • Tracking post-discipline behavior: Shift changes, department reassignment, etc.
    • When and how to modify disciplinary actions based on employee response
    • Ensuring consistency and fairness in follow-up actions
  • Final considerations: Termination decisions and legal compliance
    • How to assess whether termination is necessary for a violation
    • Legal considerations in termination decisions: Avoiding discrimination or retaliation claims
    • Ensuring consistency in applying policies across employees
    • The importance of consulting legal counsel when facing complex or high-risk situations

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for CLE Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Approved for Self-Study Credits
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Approved for Self-Study Credits
2 General

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