Question

Create a check list decision tree identifying 20 or more questions that should be asked before terminating the employment relationship. check list should incorporate the concept of
employment at will
Express and implied contract
retaliation
just cause
due process
progressive discipline
state law
disparate impact discrimination
disparate treatment discriminates and similarly situated standard
Waiver under the ADEA

Answer 1

Inorder to prepare checklist if employee termination , initial verification of following law aspects are to be done.

1. Verify if employer sarisfies all his dues and payments as per the contract of employer and employee.

Any other dues / benifits which are whether satisfied / not and if not satisfied then ascertain and document the reasons of same.

This is ro prove on employers part that no wrong was done from his side and performed all his duties duly.

2. Law of duscrimination :

Care is to be taken while performing and while revising that

* if employee was discriminated during his offuce work

* if any leave is ought to be given / were given then are they protected ?? Is employee given facility to enjoy leave when necessary

* observe if any rights of employees being discriminated during his tenure of work.

3. Public policies

* observe if all compensation claims / wage claims / provident fund facilities etc being duly provided to the employee during his tenure / not.

* if any activities taken place against public policy regarding that specific employee is to be verified.

Now , checklist of questionaire includes

* if employee was given option to say his story ??

* if consideration was given to his view point

* has the employee made recent claim / complaint ?

* if all his claims / bonus / leaves paid are protected as like every other employee ??

* how long he / she has been with the company ??

* has he performed all the works in course of employment at his will ??

* the nature of contract has been signed and terms accepted as per contract whether express / implied ??

* has all his actions during work tenure were as per accepted contractual terms ??

* his nature of discipline followed during office campus / with in cabins / with co - employees ??

* procedural tasks whethet done by him upto the mark ??

* if any faulty procedures / one which are against to company policies exhibited by him ?

* if any show cause notice given as warning ??

* if any such warnings documented ??

* if he has been given chance to rectify the situation ??

Any other specific inclusions as per situation.